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    • Hi, Everyone was so helpful with my last issue I am hoping for a bit more advice.   About three years ago I had a regular window cleaner company but they starting playing around. Firstly by randomly turning up to do the windows earlier than expected then one time they opted to come round and climb over my fence to do the back windows whilst I was out.  Then the fun started as they claimed to have cleaned the windows on two separate occasions but it was apparent they hadn't (the birds mess on the kitchen window was the clue) and they tried to bill me for the clean.   After two occasions of not cleaning the windows I stopped the direct debit system they used (go cardless) as I refused to pay for something they hadn't done. Queue the various demands for payment which I ignored. They sent letters in the post asking for £60 and a year ago said if I didn't pay they'd send me to the debt collection agency.    Today, I get a letter from elite debt collection in Sunderland asking for £72 for the window cleaning company as they are now acting for them with the popular if I don't pay in 7 days it's off to court threat.   Firstly,  as there was no signed agreement in place with the window cleaner firm can the debt collector add a fee to the alleged debt? Secondly, can they just rush off to money claim and take me to small claims without a letter before action?   I'm quite happy to defend if they did as they didn't clean my windows no matter what random invoice they may have on their systems.   Thank you  
    • bummer!   can't see any movement there then. its nice to see though that he correctly clarified the differing reasons for the 6 and 3yrs limits.
    • Hi Mop,   I only ran through the SAR looking for any personal data you left showing.   Get a pen and paper, go through the narratives and note down the date and anything relevant to what led to the debt or CCJ.   If there's little or nothing to do with the debt or CCJ, that in itself is important.   Do your best and come back with results.
    • Hi dx,   Unfortunately the FOS have refused to look at my case as they have said i have brought the case to late......   Please see attached.  Complainant.Decision.pdf
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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.
       
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      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
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NCP/BW ANPR PCN Claimform Bought ticket but threw it away


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So I have not received a response from the solicitors to my CPR31 request and my wife's defence is due this coming Friday. If it is a standard defence that I should be entering, please can I ask which one I should use?

Thanks, R

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std 3 - 5 line defence in almost any PCN claimform thread here already

use our search top right

 

 

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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This is the defence that I think is most appropriate for my wife's case. Any last minute amendments and should I include point 6?

 

1.  It is denied that the Claimant entered into a contract with the Defendant, or broke any such contract.

 2.  As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner.

 3.  It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 to establish keeper liability.

 4.  I believe that the Claimant did not obtain planning permission granted for signage etc under the Town and Country Planning Act 2007.

 5.  The Claimant has added additional amounts to the claim to try to circumvent limits on legal costs in an abuse of court procedure.

 

I was wondering whether I should add one more line based on this case from the same car park:

6. Signage is inconsistent and deliberately confusing.

 

 

I shall file at 3:00pm this afternoon.

Thanks again all.

 

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Please bear with us for a couple of hours so the guys can have a look at what you plan to say. Sometimes less is more and it can not to show all your cards at the outset, but they'll tell you. :)

 

HB

Illegitimi non carborundum

 

 

 

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Well done in digging out the other thread, that persuasive case will be a big help further down the line.

 

Your six points look good to me - with the exception of point 3 which can be cut out because your wife admitted to being the driver.

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We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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Yes as per FTMDave looks good but lose the POFA Driver is identified so point on POFA not applicable.   still plenty to go at if it ever gets to WS stage anyway.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

Hi.

 

Please let us have the information requested in the forum sticky so we can see what they've got wrong, with luck.

 

The sticky also tells you what steps to take next.

 

 

HB

Illegitimi non carborundum

 

 

 

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Hi HB,

Thanks for you prompt response.

This is an ongoing claim and I have submitted the defence as per thread above. I am just asking about the Directions Questionnaire and Notice of Proposed Allocation to the Small Claims Track received this morning. I just wanted to know if I should just fill in and return declining the offer of mediation and accepting the Small Claims Track? 

Do I need to send copies to NCP and BW Legal as well?

 

Also BW Legal have been on the phone, but I declined to put them through to my wife. They still have not responded to my CPR31 request. Should I follow this up?

 

Many thanks in advance.

Rovarp

 

 

 

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LEGAL : N180 Directions Questionnaire (Small Claims Track) **Correct at Sept 2016** - Legal - Consumer Action Group

 

fill out 3 copies

1 wit you

no to mediation 

the rest is obv.

on the copy to BW omit phone/email/sig.

 

you are quite correct to not answer calls and block their nymber

never talk to the fleecers or their dogs by phone/email/text ever!

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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