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Thanks for that. So in this case the 21 days doesn't apply because they did get permission from the judge? Forgive me for not understanding all the legal speak in the link, but how many days does VCS now have to file their appeal? I can see that they have to serve it to me within 7 days of filing, but am wondering when they have to file it with the court by. Thanks.
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Hi, only if it's gross misconduct. and for that, it would need to be listed in the conduct/ disciplinary policy as something which is GMC. Can you get a copy of that too? The company are most likely worried they have a liability, because they have not trained people properly in the process to be followed... so keep pushing at that. When were you given the policy? How was it explained to you? If they cannot show they did that - how were you to know what to comply with? if you had known, you would have, of course!
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That's my issue. I have no clue where we are and neither does my solicitor. It's like a black hole. I had to get a solicitor as dealing with the probate office (or rather the outsourced call centre) is hell on earth and I was not in a mental state to be able to deal with the incompetence any longer. I simply couldn't take the 2 hour queues coupled with the idiots on the other end when you finally got through. One even answered with "S'up blud?" on one occasion. Another told me to send documents to the wrong address and then another berated me for doing so. It was time to pass the baton to someone used to dealing with them. We're now 7 months down the line, which is considerably longer than the 8 weeks, or even the 3-4 months stated elsewhere. There appears to be nobody that can be contacted. I even wrote to my MP who said that he can't get involved, although to start with simply said "get a solicitor". There's a waiting period of something like 3 months for the ombudsman etc... so it seems that they can simply throw wills in the bin, ignore applications and just take the money and run...with impunity.
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Its 21 days if the court didnt direct ..IE allow permission. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part52#52.3 (3) Subject to paragraph (4) and unless the appeal court orders otherwise, an appellant’s notice must be served on each respondent— (a) as soon as practicable; and (b) in any event not later than 7 days, after it is filed.
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By Melissa2574 · Posted
Yes lots of it. I will make a seperate post for all of that when get this sorted. burlington have came back to me to say that as i have said I won’t be handing my vehicle back that they are closing their file and handing it back to CCP to pursue their other avenues of recovery activity and that I should let my insurers know that I do not have permission to drive the vehicle from its owners.
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
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!
Picked By
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
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