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hello. yet another update for the case vs roadstar. ive had a notice of transfer of proceedings on the 12th february. the small claims team has arranged for my case to be transferred to a hearing centre as they were not able to arrange mediation at this time. the problem that im having is that i cannot get any garage mechanic to help me, or write statements, or basically get involved. i guess it will be my statement alone? -
Hi.. I would like to give you the case number, but I am concerned about Disclosure as this reference if accessed will have all my personal details. Not sure if this would be accessible by anyone but a Judge etc... Hopefully, someone on this site may know.. Regards Tom -
By unclebulgaria67 · Posted
Magistrates liability order hearings are simply Council staff attending the Court to allow the Council Taxpayer opportunity to provide information about ability to pay, to see if a payment arrangement can be entered into. It is an administrative process as already explained. If you have already provided all available financial, health and other information to the Council and they are proceeding to obtain the Liability Order, this is because it enables them to use all available means including bailiffs or deductions from benefits to obtain the Council Tax arrears. Can I suggest that you make a complaint to the Council about them not taking into account your health and hardship circumstances. Argue that they have treated you unfairly by not giving you opportunity to have your ability to pay Council Tax reviewed and this has been detrimental to your health and wellbeing. By making the complaint, hopefully this will enable them to work with you to fully address what help the Council are able to offer. I.e. is the Council Tax amount correct with any reductions applied, have all payment options been discussed, can Council waive costs of obtaining Liability Order. -
By BankFodder · Posted
What is the name of the window cleaning business? Have you taken photographs of the dirty windows et cetera? -
i would suggest that you stick to researching on here only. use our search top right for say CTAX or liability order. you seriously have some wild theories, but those are understandable. as i have said, there won't be a court hearing you need nor would that help you at all nor are expected to attend, it's not like that, it's merely a rubberstamp exercise . there is no right of forced entry for bailiffs collecting CTAX debts. the bailiff process is one of a letter which will be entitled Notice of enforcement, this gives you 7 days to pay the sum it outlines with an associated fee of £75 for it being sent. the 2nd step will be a visit, you have no legal remit to engage with them at all, i i would not do so under any circumstances, that visit will add a further £235 fee those are the only things a bailiff can do. the most they can charge is a total of £310. police do not ever get involved in civil matters like CTAX debt. not sure where you ever got that idea from. its saturday now so use the W/end wisely, get reading up HERE ONLY it might well pay you on monday to go RING the council CTAX dept and plead poverty etc etc. it might also pay you to find the email address or even better phone number of your local MP and get him involved. they can do wonders. dx
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
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!
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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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