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    • hi   im having a nightmare, barrister just quit said conflict of interest if use argument of undue influence on my husband   its not actually a point im going to use in witness statements, but he says he knows about it so cant act.   i have days to get these witness st  in and i feel abandoned. he says his advice still stands, we have a strong case   im scared to do fast track court on my own.   i have seen copies of internal emails between claimant and his solicitor- they rely on the loan offer and loan agreement being considered together as one contract. (they are sent and signed seperately at  different times, but want to append offer to form 'part of' loan) .- but also quite tellingly ask each other 'is there any other agreements with their personal signatures on?'   we are arguing - loan agreement signed 'on behalf of limited company' no statute of frauds , lots of case law etc. relying on construction of contracts and interpretation case law too in full barrister advice and legal defence   my husband never signed a loan offer, condition precedent which  they want to append to a loan agreement signed  only on behalf of company its easier to argue his case.   i have signed the loan offer  11 june (proved by certificate of completion), i have email where they nagged me to sign immediately or they will delay funds-email evidence to go in bundle   then they sent loan agreement for me to sign on behalf of company a day later 12 June-(docusign evidence provided but not actual loan agreement)     which contained information and definitions i required to understand the loan offer,   i never intended any signature on a loan offer to apply to a loan agreement i hadnt been sent or seen. this would lead to an unconscionable result due to their pressure and coercian   you've seen the loan offer and agreement above, what do you think   i am need of moral support today to see if i can manage this on my own.     TIA            
    • Hi  - no this is in another town unfortunately. snotty letter, ive tried 3 times to find one, ill try again    
    • Hi and welcome to the forum.   They really wont toe the line and comply with government legislation......small claims court time...then they will listen.     Andy
    • To give you a brief overview of the matter:   I had booked my wedding at the venue for 19th July 2020. I had several correspondence with them during March, April and May to find out what options would be available to me if my wedding can still not go ahead with the 400 scheduled guests. In May they finally emailed me with an option of either rebooking my wedding to the following year; with several restrictions as to when I could rebook e.g. only on a sunday and only into a peak season month, or I would cancel and be subject to their cancellation fees which according to their contract: if cancelled within 9 months would be 50% of total costs or if cancelled within 6 months (as would have been my case) I would have to pay 95% of the total venue cost. Naturally under pressure I chose to rebook to the following year of 25th July 2021. I had to sign the variation agreement of the date which states if I wish to cancel my new date then I will be subject to cancellation fees based on my original date which is an unfair term. I  emailed them in November to inform them that it was unfair that I was not offered the option of a refund for my cancelled wedding in July 2020 and as per CMA guidelines I should have been offered a full refund. It is also unlikely that my wedding will be allowed to go ahead with 400 people in July 2021. I informed them several times how many people will be attending the venue but they stated that my booking was not for number of guests, but for a room hire only, despite them asking me the number of guests they need to accommodate on the initial enquiry form.  They are refusing to give me a full refund and are demanding I pay another instalment despite me informing them I can no longer go ahead with this booking.    Can anybody advise me in this matter I would greatly appreciate it, I am not sure whether to take this to a small claims court.
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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
      • 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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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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