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    • Thank you both. My defence was as vague as their Claim. 1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied. 2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists. 3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document. 4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either. 5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided. 6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
    • Hi WoodDD.. Neither Case was cited in the VSC WS... however, MR D form VCS threw in VCS v Ward & Idle for the Judge to consider during the hearing. The Judge did not have time to review this. I believe he may have had a quick scan but decided it wasn't relevant at the time.. By not relevant, he didn't elaborate if it was not admissible or anything else..   Hope this helps..   Regards Tom     
    • Can I  ask what you mean by "... they recommended a firm... "?   I ask because I'm a bit surprised that Social Services are even allowed to do that.  (I may be mistaken and that this is common practice, but it seems a bit odd to me).   If they did do so and the work has turned out to be sub-standard and unsatisfactory, I would have no hesitation in making a formal complaint to the council and also to my (or your friend's) local councillor(s).  You acted on the council's recommendation and you should have a reasonable expectation that the firm recommended should be reliable and professional.  I would also insist that trading standards be asked to investigate this firm.  (Where I live our local county council trading standards department runs an approved trader database).   A complaint to the council might not directly assist you but it might help to prevent others being taken in by this firm.
    • Hello Susan, welcome to CAG.   Hopefully Paul Walton will see this message and reply to you, but it would also be a good idea to start a new thread of your own so we can advise on anything else connected with your refund.   Best, HB
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

Parcel2go via small claims, has anyone done this??


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Hi Group

 

Ive just joined, hopefu;;y i can. get some guidance in this matter, as, i've never done this before.

 

Brief history - I used Parcel2go to collect an item, paid the relevant insurance, sender placed the labels on correctly. and packaged very well, above the required level.

 

My parcel arrived as if it had been kicked around a football field, it contained car headlights, not glass, but acrylic lenses, which won't shatter, or crack in transit, i checked the prohibited items list, and, as headlights were not listed, i continued with the purchase.

 

My items were damaged, two important brackets that hold the headlights in place, so, i started a claim....sent pictures of the package, and pics of the damaged brackets, then received this dismissal.

 

We’re very sorry to let you know that we were unable to approve your claim in this particular instance.

During the booking process, we asked you to check your item against the list of items we’re unable to compensate for on our website.

Unfortunately, the item you decided to send appears on our prohibited items and no-protection list, which means we’re unable to compensate you for damages to this item.

 

 

Vehicle Parts - Large Vehicle Parts Including Vehicle Panels, Spoilers, Doors, Bonnets, Bumpers, Carbon Fibre, Engines, Any Car Parts Containing Oil Or Liquids, Airbags, Steering Wheels Containing Airbags, Seatbelt Tensioner Etc.

 

No mention of headlights, the package was fairly small, like two boxes of trainers, so, hardly a large item.

 

Now, ive started a money claim, but, that's where my knowledge ends, i can't even find the correct address to send the recorded letter to, has anyone else had similar dealings??

 

Be much appreciated, and, forever in this groups debt.

 

Kindest Regards

 

Darren

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i have moved you to the postal forum.

 

there are 100's of claim s here.

most succeed

 

Postal and Delivery Services - Consumer Action Group

 

.

 

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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Please start reading around the Hermes and P2G threats on the sub- forum. There's lots of material here and it's important that you go through them and understand the principles which are recurring all the time. There are huge number of similarities.

Once you've done that, you will understand the basics of what needs to be done. And we will help you.

You will need to give us a bullet pointed chronology what has happened including values, whether you are insured, et cetera et cetera.

It would be nice that you deliver us the whole story without us having to follow up with too many questions.

Start off by reading around

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Hi LJ,

 

Yes, you should do as BFodder suggests - post up a bullet point chronology giving date and brief narrative for each event in the process, including values.

 

And you should also take your time to read other similar threads, to see what has happened with other cases.

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Well I've looked through your post again and am afraid I don't see any mention of dates, values, what you have done so far about it, who you have complained to. You also haven't told us who the carrier was because P2G are simply the brokers.

It will be helpful if you would simply set out your story as asked in the request I made you 12 hours ago and then we can move this on.

Also, do I take it that you have now completed all the reading of the threads in the sub- forum that I referred you to?

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