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    • To add to the weight of evidence this is fraud, do you have (or can you get) proof of what the cost of the Special Delivery was?. If they paid for the weight of an envelope containing a piece of paper, they won't have paid for the cost of sending a laptop (given it is much heavier) ...... You should also contact ActionFraud.
    • @dx100uk, I'm afraid you've got this wrong. My fear of compromising my defence wasn't with regards my response to DCB Legal's initial letter per se. It was more in reference to any subsequent advice posted on this thread by other forum members and I was only being wary due to the numerous instances when some have cautioned about parking companies and their legal reps trawling these pages to stay a step ahead.   As I did also state however, I'm happy to provide full details of that initial reply to DCB Legal and have therefore reproduced it below. Thanks.    
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    • more: extend the contract line by....   contract exists between the claimant and the landowner which assigns the claimant the right to enter contracts with the public and make claims in their own name. I put the claimant to strict proof that such a contract exists.   1st few lines like this:   1.I am the defendant in this matter.   Any documentary evidence relied upon by me in this, my statement will be referred to and produced as exhibits RSS1, exhibit RSS2 and so on, and are labelled and attached accordingly.   All exhibits are listed below List of Exhibits    2. In this Witness statement, the facts and matters stated are true and within my own knowledge, unless indicated otherwise.   3. I am the registered of the vehicle, xxxxxx   4. I am not liable to the claimant for the sum claimed, or any amount at all.   just sign and date at the end no statement of truth is needed sorry.   dx        
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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LA care home fees statute barred? DCA now chasing


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My mother in Law died in 2018 from dementia, which she was diagnose with in  2013, when she was deemed to have lost mental capacity.

 

In 2019, the council got in touch with us with a long list of invoices from 2014 to 2015 (when she received chc funding) as my husband was the executor.

 

We have been trying to find out why they didn’t chase sooner with other sibling, as they had DWP appointee ship at the time, and were the only person the council ever spoke to (we knew nothing, the council kept us out of everything).

 

There was money in MILs account to pay for these things until the account was gradually emptied by sibling in law.

There was money to in the estate which was distributed before this came to light.


 FOI was put requested from the council but they want us to close this as the info will be in the public arena and anyone can see it apparently!

 

In the meantime, the council has now sent in the debt collectors, who have sent letters for each invoice requesting payment in the next 7 days.

 

As far as I’m concerned, two of these invoices are statute barred, having been originally invoiced in March 2014 and September 2014.

The remainder are close but won’t be SB until next April.

 

Here is the question:

Is the Statute Barred letter in the library still the correct on to send (it mentions FCA but isn’t related to consumer credit)?

The remaining DCAs request letters will be sent a dispute letter.

Thanks

 

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i wouldn't be blindly sending any letter tennis yet.

 

who's the DCA please?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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They are bailiff s not debt collectors

can you scan one of  the letters to pdf please

read upload carefully 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Will do in the morning. In the meantime, how can bailiffs deal with this, aren’t cases supposed to go to court first?

What should the normal process for this type of debt be?

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i think the council can raise a liability order or get a CCJ 

lets see what the letter actually says please

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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aha 

i thought it might just be whats called a summary debt, i had a few of these over the years.

 

in this instance B&S are simply operating as totally powerless debt collectors

you are safe to ignore them.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I could be wrong but if they are chasing you as the executor and the estate is settled in full then the debt is unenforceable and has 'died with the debtor'.

 

I had a similar debacle with a private health care company  who insisted that I was liable for their warden controlled facility on my late mum's property when once her accounts were closed and they didn't get that month's payments, started writing to me as executor saying that the debt and on going charges were now my responsibility.

I gave them short shrift and told them to take a hike and after many threatening letters I told my solicitor to make one payment to them for the cost of 3 months service after the date of death, I told them they were lucky to get that and they wouldn't get anything else.

 

They kicked off and sent a few more letters which I refused to respond to and then they went away realizing they weren't going to mug me for any more money.

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