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    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
    • No we haven’t mentioned divorce yet The fair split is I give him half the equity and anything he wants to take from the house  I just feel he is now being unreasonable because I won’t change my mind and take him back 
    • Hi.   Have you spoken to a divorce lawyer or has your husband? Trying to look at this from the outside, it sounds as if it would be better to agree a fair split according to divorce law rather than deciding between you.   Sadly, once money becomes involved things can become more complicated, but I'd have thought a divorce lawyer would be able to advise.   ETA: Here's some advice from the government.   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

I won! Oh and there's an article in the paper about it!


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Hi Nena,

 

Don't celebrate too soon! They always leave it till the last availibile minute to file a defence.

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Well, its gone close of business and no defense has been made. Will check back in the morning, but looking good.

 

Whats the point of acknowledging the claim if you're not going to defend it?

Surely if they had no intention of defending they may as well have paid up earlier.... Don't mind, interest interest....

 

We'll see.... I guess it could be that money claim just haven't updated their records yet.

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The latter is by far the most likely - it can take a day or two to appear. Even if they file it late though the court will still allow it. Or even if somehow your claim has slipped the net and they don't get one in at all, they will still apply to get the judgement by default set-aside as soon as the court notifies them. Which will succeed, unfortunately, and they will then enter a defence.

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I don't understand. Surely if they acknowledge the claim and they don't get the defense in on time, they lose?

How long far will they take this before giving in?

Cheers for the replies Gary!

Nena

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I don't understand. Surely if they acknowledge the claim and they don't get the defense in on time, they lose?

 

Thats the way it should be probably but no, does'nt work like that I'm afraid. They could use any old excuse for not filing a defence on time - lost in post, etc, etc. If they did'nt get a defence in and you applied for judgement, they could then apply to get the judgement set aside, on the grounds of an excuse like the above.

 

How long far will they take this before giving in?

 

Not too far off now, but don't be surprised if its still a month or two. After they eventually get the defence in you will get an allocation questionnaire from the court, which you will have to return within a couple of weeks. You will then get a court date for around December/January (depends how busy your court is), and a settlement will most likely come around a month before the court date. Nothings set in stone of course, I'm just giving you a realistic idea based on how the claims are developing lately. Whatever you do, don't let them grind you down - thats exactly what they're hoping for. You will get there in the end, it just takes a bit of patience, plus just think of all that interest mounting up daily!:)

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Darn.... Confused again.

Just tried to file a judgement (there still seems to be no defense made) and it says I can't do it.

Claim was served 29th September. Surely 27th October is there last day? Says nothing about it being 28 working days....

 

Is it that they just do not update the records over the weekend?... Even so, the service should be automated.... Apparently, they can still put in a defense if I haven't filed a judgement, so even if they do eventually try to get a judgement set aside, I'd still like to get it done.

 

Ahhhh, I'm confusing myself now... I'ma go enjoy my weekend and deal with it on Monday!

Nena

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The 28 days starts from the date the claim is deemed served, which is usually 2 or 3 days after the date of service.

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Hi Gary (and others)

Well, as expected, Lloyds entered a defence. I'm a little confused about what they've written in it and was wondering if anyone could help me out? I could scan it in and email it to someone maybe.

I know it's really cheeky asking this, but I feel I'm in the deep end here and I really don't want to lose to them at this stage. I've got until the 18th November to get my allocation questionnaire in and I'd really like to know what I'm getting myself in for before sending it off.

 

Lloyds (or rather their solicitors) have mentioned something about the particulars of the claim not complying with the civil procedure rules and my claim does not fully identify the account in question (I provided my account number and i sent a breakdown of charges to money claim).

It also says that the defendent should be ordered to file and serve an amended claim to set out the basis in law and fact for her claim as there is no real pleaded basis for the claim itself.

It goes on and I have no idea what they're on about!

HELP!!!! lol

Thanks in advance,

Nena

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Is it this defence Nena? http://www.consumeractiongroup.co.uk/forum/lloyds-bank/43282-crimson-giant-lloyds-tsb.html#post344020

 

Don't panic, this is'nt anything out of the ordinary. Its designed to try to 'scare' you off remember!

 

You say you sent a schedule to moneyclaim, yes? And what were your 'particulars of claim', did you use the template?

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If you used the moneyclaim template from the library as your particulars and included your account number in it, and you sent a shedule to the court as you said, then take no notice of the defence, they're just trying it on. Add this and a copy of your schedule to the other information section of your AQ and carry on as normal. You may need to attach a seperate sheet if it won't fit in the box. If so, type it up as follows:

 

 

 

ALLOCATION QUESTIONNAIRE N149 / N150

 

 

Section G / J Other information

 

The claimant notes the defence of the defendant in which it contends that this claim is not suitably particularised and the statement of claim is “embarrassing” and shows no reasonable grounds for the claim to be brought. The Claimant disagrees with this contention entirely. The claims particulars clearly state the common law and statutory provisions on which this claim relies, and the claimant will of course elaborate upon the claim particulars at such time as is required upon the direction of the court. Further, contrary to the contention of the defendant, the relevant numbers of the account in question were clearly identified in the claimant’s particulars of claim, and a full schedule of the charges which form the sum claimed from the defendant was sent to Northampton bulk court on the day of issue for inclusion alongside the claims particulars. Additionally, the defendant was served with this information on two occasions previously within a 28 day period allowed by the claimant to attempt to resolve the issue prior to the commencement of this litigation. For the sake of expediency, I have attached another copy of the schedule to this allocation questionnaire.

 

As is known to the defendant, I am a litigant in person in this case. It is respectfully submitted that the contentions of the defendant are highly likely to be an attempt to distress and intimidate, rather than presenting any valid or reasonable objections to the clarity of the Particulars of claim.

 

Follow the above with the guide notes from the templates library, ie, the request for allocation to the small claims track and for an order of standard disclosure.

 

 

Also, before you return it to the court, take a copy of the AQ and attachments and send it to SC&M, and keep a copy for yourself.

 

If you did'nt use the template as your particulars or did'nt include your account number, obviously don't use the above. If this is the case then can you post what you did use as your particulars please?

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Hi Gary,

I used this template:

 

Claimant has account (A/C No-sort code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.

In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

I sent the breakdown of charges to money claim after filing it, but didn't send it to SC&M.

I shall however do as you have suggested, copy what you have written and send a copy to SC&M.

 

Thank you... Yet again!

 

Nena :-)

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Thats fine then. Just send your AQ and attachments to the court and SC&M and carry on as normal. SC&M will send you a copy of their AQ soon which will request a one month postponement to 'negotiate a settlement'. Let me know when you receive it, as there is a letter you can send in responce.

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Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi,

Haven't sent off the AQ yet (will do that in the morning), but had a "General Form of Judgment or Order" from Cardiff County Court yesterday, saying the following:

 

"Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it.

IT IS ORDERED THAT:

1. Directions will be given in this case by the Designated Civil Judge, His Honour (Judge's name), on the 21st December 2006 at 10.30am at Cardiff Civil Justice Centre (then address)

 

2. The parties may appear in person or make written representations as to how the case should proceed provide a copy of the representations is sent to the Court and the other side at least 7 working days prior to the hearing."

 

 

Any ideas on what on earth is going on?!!?

 

Thanks,

Nena

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Its a case management/allocation hearing. All the Welsh claims are receiving exactly the same order at the moment, in fact they are all probably on the same day. One other I can think of off the top of my head is 'stadium arcadium', do a quick search and find her thread or get in contact with her by PM, it'll definately be useful to confer with someone in the same position as you. I think its just going to be a case of re-iterating what you've already put down in your AQ - ie, the claim should be heard on the small claims track and you request an order of standard disclosure to be made. Whether you want to go in person or not is up to you. As you can see from the order you do have the option of making a written statement instead if you want to, which you will get help with should you need it, but I would definately consider going in person if I were you. Nothing can be won or lost on that day, so there's no real pressure, and besides small claims court is'nt anything to fear. Its designed to be informal and accessible to everyone without the need for lawyers and the hearing is held in an office type room rather than a typical 'courtroom'. In fact it'll be a good introduction to the small claims court process. Its a pretty safe bet that Lloyds won't be their either. You've got a while to think about it anyway, its still quite a way off yet. Just get your AQ in for the time being.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Hi,

Any chance someone could post SC&M's address for me?

I've lent my defence with their address on it to someone who is looking at the case for me and I haven't written down their address.

They seem to have several addresses online and I'm not sure which one to post a copy of my AQ to.

Sorry to be a pest!

Nena

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Sechiari Clark & Mitchell

Department SO

P O Box 499

Lower Ground Floor

1-5 Queens Road Quadrant

Brighton BN1 3XJ

 

Elsinore:)

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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  • 1 month later...
Banks should be able to charge what they want if someone exceeds their agreed credit limits. So long as it is all made clear to the customer in the first place I don't personally see it as unfair. If someone oversteps the agreed terms with their bank, they have to pay for that.

 

:shock:

 

 

And CONGRATULATIONS, by the way!!! :-D

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:shock:

 

 

And CONGRATULATIONS, by the way!!! :-D

 

What a reasonable, balanced and sypathetic view!

 

Congratulations on the win!

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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Well done Nena, congratulations!!!!!!!!!!!!!!!!!:):D:p Plus a bit of media exposure to boot, excellant job!

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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