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    • Appears to me that the school will evidence that there was a contract in place as you paid for several years of schooling.  There is then a period when you were unable to pay the school fees and the argument is about the performance of the contract. Because the school could not provide the education services in the normal way, they will have provided adapted service, with remote teaching being provided using online video and electronically providing course work.          
    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • 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
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If you put the phrase 'without prejudice' at the top of a letter, is it legally binding? In other words, would an organisation not be allowed to present the letter to a judge then or is it more of a convention? What would a judge do if presented with a letter that said 'without prejudice'?

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They could present it - but it would NOT be binding on the Judge to take it into consideration, or indeed acknowledge any part of it. (This exception is allowed where other criminal acts like extortion, threats of violence etc are intimated.

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From Finance Glossary : Without prejudice

"The basic meaning is 'without loss of any rights'. It is a term used when two parties are in dispute, and one makes a settlement offer to the other. It puts 'without prejudice' on its offer to make it clear that the settlement offer should not be construed as a waiver of rights. Importantly, communication marked 'without prejudice' cannot be used in evidence in court proceedings if the attempts at settlement fail and the dispute comes to court."

 

You can find out more by giving this Google link a spin:

without prejudice offer - Google Search

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However, you may ask the judge to accept it if you think that it is particularly important, and the judge will have discretion as to whether to accept it or not.

 

As a rule, though, better not to play fast and loose with "Without prejudice" communications.

 

As a side note, complaints have gone to the Law Society about "some" solicitors stating in their letters to CAGgers that the letter was without prejudice, and then going on to say that if OP refused, they would show the letter to the judge. Tut tut.

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  • 1 month later...
As a side note, complaints have gone to the Law Society about "some" solicitors stating in their letters to CAGgers that the letter was without prejudice, and then going on to say that if OP refused, they would show the letter to the judge. Tut tut.

 

Ohhh, Cobbetts have got so far up my nose during my recently won case, that I think I might just have to do this myself. They offered me a 50% settlement "without prejudice" and then said that they would tell the court if I said no (which I did) as it showed that they were being "more than reasonable"

 

I'll let you know how I get on

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Ohhh, Cobbetts have got so far up my nose during my recently won case, that I think I might just have to do this myself. They offered me a 50% settlement "without prejudice" and then said that they would tell the court if I said no (which I did) as it showed that they were being "more than reasonable"

 

I'll let you know how I get on

 

Cobbets have a very hardened (entirely without prejudice) approach and do quite a lot of work for the likes insovlvency practitioners who believe they are a law unto themselves.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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I written an initial letter to the outsourced body from the Law Society that deal with complaints about 'other people's solicitors' outlining how I have objected to their bullying tactics and about them offering me a WP settlement of 50% and telling me in the same letter that if I declined it, then they would tell the court that while they were being reasonable, I was not and my refusal of their letter proved that.

 

Chances that anything will be done or that Cobbetts will be forced to change their ways? Pretty close to sod all, but hey, it makes me feel better and anything that inconveniences those people is ok by me

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2 points – If a letter is a genuine attempt to settle the claim it will be without prejudice even if it doesn’t have those words on it. Putting the words on doesn’t make something that is not “WP”, “WP”. Lots of people put “WP” on documents which are not privileged because they don’t understand what it means. If it is not a genuine attempt to settle the claim then it is disclosable to the court.

What they mean by they reserve the right to tell the court about it, referees only to the matter of costs. If they succeed they will then show the curt the letter to show that you should have taken an offer and saved them costs. The fact you didn’t can be used to justify a higher cost award. But they cannot and must not show that letter or the offer to the court until judgement has been given either way.

I hope that helps.

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