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By Warrior_Walshy · Posted
Hi Stu and dx1000uk, I have done the online assessment and as I suspected I already receive the maximum benefits available ot me. Yes I was referring to the fact that some times I know that non-payment of council tax can lead to imprisonment so thanks for clarifying. But let's say I can't make their demands for payment and they do send bailiffs in, I assume these are the type of bailiffs I can just not let in and then after a certain amount of attempts they give up right? But does the council then not send the police round? This is what I can't work out and worries me. The council already know that I am struggling and can't make the payments but when do I get my chance to tell a court or the police that it's not that I don't want to pay but that I can't pay? Walshy -
By lookinforinfo · Posted
As far as I am aware, bus stops/stands come under the aegis of the Road Traffic Act not Byelaws or private parking companies so I can see no reason why they even have the right to issue you with a PCN. -
Hi Try these links for Benefit Checker: https://www.entitledto.co.uk/?utm_source=BAdviser&utm_medium=referral&utm_campaign=GovUK https://www.turn2us.org.uk/?_ga=2.147880369.705055825.1614386650-854404727.1614386650 -
Where you live (entitledto.co.uk) i will guess you mean regarding the ctax stuff you might have seen. thats for people that won't pay not people that can't pay...as is your situation.. -
Your client already settled one claim of an unfair contract before it reached the courts, and they know from previous correspondence that I am aware of that case. please expand upon this case you refer too. You believe you had provided proof timeously to demonstrate your earnings were below the threshold, therefore a default notice should not have been issued on 15th October 2018 and the account should have been deferred. - have you a copy of the DN? I believe I have complied with the requirements as set out in the relevant legislation to have had the loan deferred and subsequently written off upon my 50th birthday. - when did you reach 60yrs? In relation to the above matter being “non-existent” or “not owed”, our client’s stance regarding these points remains as previously set out in their final response letter dated 2 September 2019, they will not be addressing these points again and you remain liable for the full balance outstanding. have you a copy please?
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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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