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    • Right.    The law says that when you are asked to provide the driver's details you have to use "reasonable diligence" to find out who it was. The diligence you are required to use only begins once the request is made (this is covered in the case of Atkinson vs DPP). So it cannot be held against you if you did not obtain his details before you allowed him to drive the car.    I take it you provided the police simply with his name and address? If you are to defend this successfully you must convince the court that you did everything that was reasonably practical to identify him. But it seems you already know who it was. It just happens he seems to have disappeared.    You can understand the concern of the police. If it was so simple to just name somebody as the driver and you know that person, even if he was genuine, could not be traced, then everybody would do something similar. You have a simple choice to make: you can defend the charge against you on the basis that you have provided the details required, or you can plead guilty for failing to do so. It should not be in dispute that you provided the details; the matter for the court will be whether they believe they were genuine or not. If they do they should acquit you. It is not your responsibility to trace people who are accused of offences but who have since disappeared.   Personally I don't rate your chances of success too highly. You only know him as a "friend of a friend". At the very least you should have checked that he was insured to drive your car. That is something a car owner definitely must do before allowing another person to drive their car. If you had done that (say, by seeing a certificate of insurance to prove the cover) you may have been able to take other details which would help you convince a court hat the person was genuine. As an aside, if the driver was traced and it turned out he was not insured you could be prosecuted for permitting  him to drive your car uninsured (an offence which carries six points).   The outcome if you are found guilty at trial will be a fine of a week and a half's net income, a victim surcharge of 10% of the fine, six penalty points but, most significantly, prosecution costs which will be in the region of £600. If you plead guilty to the offence the fine will be reduced to just one week's net income and the costs will be £85, but six points will still be imposed.   The speeding matter is a dead duck. You were not driving, you have told them you were not, they obviously have no proof that you were so you cannot be convicted of that offence.
    • @defender90 welcome to the forum and it's very interesting news that new say that you have evidence. Any chance that you might start your own thread and tell your story there. We may be able to offer you help – but more importantly, the more threads there are with the name and the business name et cetera in the title, the more likely that Google is going to pick it up and that may attract others. Would like very much to know what the evidence is that you have 
    • Bum deal on Covid tests   https://www.euroweeklynews.com/2021/01/27/bum-deal-chinese-health-authorities-begin-anal-covid-swabs/
    • Hi guys.   Ok - so since I was last here I have set up a new basic bank account, which my salary and priority dd's will come out of from March.   Just wanted an opinion on a couple of thoughts I've had -   1) I have just agreed with my mortgage provider a 3 month covid payment holiday, which will help for the short term - however, I have an overdraft is with this bank. Am I causing a problem if I contact them now about my financial situation, or should I leave it until the holiday ends?   2) My salary has recently come down, which is a contributing factor to my plight - However, my income over the last few months will not reflect this. On my budget sheet, I have put in the new ongoing i and e.  Is my bank likely to turn down my request of freezing interest etc. on this basis? They can see what has been coming in and going out. I'm concerned they'll think I've been creative with my income sheet?! Or can I simply refer to this new situation in the pro-rata letters?   Thanks again.   A  
    • Hello Taxhelper   Thanks again . Your so kind and Im very grateful.   I am about to submit the form in the next few hours. Before clicking the submit button there is a calculation page that has been generated by the site based on the info I provided ( income from PAYe and income from self employment etc...with all expenses deducted). their calcs are correct.   The figures are correct and I do owe them a sum as well as 1st payment on account for 20-21. I just am not sure I can pay the lot by 31/1/2021 because I did not anticipate that the hospital may not be able to pay me on time ( my jan pay). Thats because I did submit my 'timesheet' to the HR on time but they delayed processing it in time for it to be paid by the end of this month. They have said they have asked for an exceptional CHAPS payment to be made but I remain uncertain whether they will pay it into my account by then or not. thats why i wasnt sure if its best to call HMRC and give them the heads up or not.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

PackLink & Hermes- County Court claim


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But you sold this through eBay – and I thought that the details of any item sold through eBay and sent by means of Packlink were automatically communicated.??

When does the 14 days expire?

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Hi WB and welcome to CAG   No surprise to read the "lost" item is a laptop and Site Team member @BankFodder will no doubt look in and comment.

Please can you set out the events which occurred in a bullet pointed chronology. Not too much narrative please. You say that you have already started a claim. Please could you post up the claim f

5 days for all MCOL claims ...2 days for CCMCC....Litigant or Company   Andy

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25 minutes ago, BankFodder said:

But you sold this through eBay – and I thought that the details of any item sold through eBay and sent by means of Packlink were automatically communicated.??

When does the 14 days expire?

Ah I thought you meant in the actual MCOL claim, in the ebay listing yes, in the PackLink compensation claim yes as well, in the MCOL claim I made no mention aside from the value of the item.

 

and just an update:

image.png.b683c8409e78057e4a395706cafb5b97.png

 

I am able to request a judgement from the two separately.

 

The claim was issued on the 13th, plus 5 days and another 14 days = 1st Nov my guess (not accounting for business days)

 

This was also added:

 

image.thumb.png.11a0c4cf77b8d66350825f6369456913.png

 

Edited by whistlebear
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Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed.

I've already said that proposing to send further particulars is generally speaking unnecessary and only complicates matters as you are finding out. However as you have indicated that you are sending further particulars, send them further particulars and simply state in the body of the particulars that you have nothing to add to the particulars of claim contained in the original claim form at this moment. Send that straightaway so that when you apply for judgement you can click the box and say that yes you have done that.

It might not have been fatal not to have informed them that it was a laptop – but it is better that you did and the important thing is that they had been told of the item and of the value at the time that you entered into the delivery contract.
I think that you will find that laptops are one of their prohibited items – along with almost everything else in the world

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It seems to me that you could probably apply for judgement on 30 October. However it's a good idea to keep on checking regularly to see if it is permitted before then. As soon as it allows you, do it.

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Deemed service on a company is two days after issue. Deemed service on a litigant in person is five days after issue – unless something has changed.

 

5 days for all MCOL claims ...2 days for CCMCC....Litigant or Company

 

Andy

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Thanks.  I suppose that takes the OP onto about 3 November???

Anyway, keep on checking the County Court website

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Claim was issued on the 13th Oct....if a defendant submits acknowledgement of service its 33 days so Friday 13th is 32 days.

If a defendant has not submitted any response its 19 days ...so Friday 30th Oct (18 days ) or Monday 2nd Nov. (21 days)

 

Nothing happens over weekend on MCOL

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  • 3 weeks later...

So an update, on the Packlink option, after clicking through my information for the Judgement, I have the option to use the original PackLink address or to change it. 

 

After this I also have the option to file the full amount of the claim against them:

 

image.png.123dd803741ae753f69abfe2e565ceee.png

 

As for Hermes, it still asks me to wait until the days have passed, which is odd.

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Has Hermes file and acknowledgment?

 

Also, Ho t=do you know that this Packlink address is the packlink with whom you dealt with to courier the parcel?

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14 hours ago, BankFodder said:

Has Hermes file and acknowledgment?

 

Also, Ho t=do you know that this Packlink address is the packlink with whom you dealt with to courier the parcel?

Hermes only have assigned someone to respond to the case, but I am unable to file until it has past the date.

 

The packlink address was based on information i researched online, the companies house identity was the only one affiliated with a courier company.

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So looking back you don't have this particular Packlink address on any documents or website that you have been dealing with to suggest that you had a contract with them – is this correct?

Let me say that I'm quite certain that this is the same Packlink – but unfortunately with limited liability companies, it is very easy to fragment the organisation into different identities and which legally are separate from each other so that if you see the wrong one, you end up going down a dead-end.

I would certainly apply for judgement against this company. It won't do you any harm – but maybe you had better hold back from any enforcement proceeding because that will simply incur costs.

Keep on checking on money claim to see if by some miracle you will be able to apply for judgement against Hermes when the date comes.

Let us know once you get the judgement against Packlink. Keep on doing some research to see if you can tie this address into the company with which you contracted.

Also, this Packlink address is probably just a business address – purely administrative and is unlikely to hold any assets at all belonging to Packlink.

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  • BankFodder changed the title to PackLink & Hermes- County Court claim

I'm terribly sorry but with the best will in the world, the defence you have posted is scarcely legible.

Please can you scan the actual document in PDF format.

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On 20/11/2020 at 07:34, BankFodder said:

I'm terribly sorry but with the best will in the world, the defence you have posted is scarcely legible.

Please can you scan the actual document in PDF format.

My PDF is personally identifiable (has my name and case reference)

 

 

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All you have to do is to redact your personal details and then post it up here. Nobody else has any problem at all and it's very straightforward.

We try our best to help you and we simply ask you to present us with the documents in the way that everybody else does.

Please will you simply redact your personal details and posted up here in PDF.

 

Multipage single file PDF – which means that one PDF file contains all the pages in the right order right way round so they can simply be clicked to the next one and the next one and to the next one. Thanks

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On 21/11/2020 at 15:34, BankFodder said:

Multipage single file PDF – which means that one PDF file contains all the pages in the right order right way round so they can simply be clicked to the next one and the next one and to the next one. Thanks

I recieved a letter the other day also asking me to fill out a questionaire for settlement/mediation for Hermes. Alongside a hard copy of their response in the pdf ive uploaded.

 

Edited by whistlebear
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Please can you scan it up

 

I'm trying to remember the details of this case. You sued Packlink as well – did you enter a judgement against them

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4 minutes ago, BankFodder said:

Please can you scan it up

 

I'm trying to remember the details of this case. You sued Packlink as well – did you enter a judgement against them

I am unable to take pictures of the file and upload it to this website on my mobile device currently.

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Okay, when you can.

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I'm sorry, but the way that you presented these documents is not acceptable. To begin with they are scarcely legible – and you should present the documents in a clear and intelligible way – in the way that you would like them to be presented to you if you were putting in effort helping somebody else for free.

We need them scanned in PDF format

Multipage single file

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3 hours ago, BankFodder said:

I'm sorry, but the way that you presented these documents is not acceptable. To begin with they are scarcely legible – and you should present the documents in a clear and intelligible way – in the way that you would like them to be presented to you if you were putting in effort helping somebody else for free.

We need them scanned in PDF format

Multipage single file

Sorry about the quality, this is the best I could do.

Doc1.pdf

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