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    • Yes they are waking up to the fact that they  have over centralised stuff, and there is no proper local provision any more, Hancock is treating it as a National outbreak, not the many localised ones now  often centred around General Hospitals, as infection and reinfection agents. PHE PHW, and PHS have no capacity for any real localised Track & trace, having removed the Council Environmental & Public Health Departments out of the equation.  All they have is Hancock's busted App, and an army of badly trained call centre grunts.   Says care worker to old Mrs Jones, and  "you really need to install that app so they can see you aren't going out"   Mrs Jones gets out a cheap candybar feature phone, and says, "can't install apps on that  only phone and text, so don't need smartphone"   Interesting look at age demographic for smartphone ownership, is 70% age 55 -64 still low enough to dent Hancocks app effectiveness.   Other issue, many at risk homeless, low income also only have feature phones issued by care agencies or charities  People released on tag who are in hostels are often issued with something likea £10 samsung/Nokia/Alcatel candybar, 2G  non internet capable phone.   https://www.statista.com/statistics/271851/smartphone-owners-in-the-united-kingdom-uk-by-age/
    • By the way, the reason that you wouldn't proceed against Paclink is because they are out of the jurisdiction – in Spain
    • Good point, BN.   Changing the subject a bit, Directors of Public Health have written to the goverment expressing serious concerns about the easing of lockdown.   https://www.adph.org.uk/2020/05/adph-presidential-blog-a-time-for-steady-leadership-careful-preparation-and-measured-steps/
    • Thank you – and I understand that you didn't take out any compensation cover. You should read around some of the Hermes threads on this forum. I have always taken the view that once you pay for the delivery costs, then you are entitled to have the item delivered safely and if not then the delivery company is in breach – and in fact the delivery broker – Paclink is also in breach. I think it should be unnecessary for you to insure yourself against the breach of their service provider. It is the service provider who should insure themselves against any incidents of loss parcels. The Joe Lycett's got your back programme on Hermes was extremely useful. I notice that there are a couple of instances of it on YouTube. Of course they are in breach of copyright and it wouldn't at all surprise me if they are taken down at some point. I suggest that you make fairly urgent arrangements to get a copy of this program onto your computer because you may need it. It would not be a breach of copyright to produce it before a court – although the judge may already have seen it or have heard it. Have you actually began a claim against Hermes? I think you should begin their claims process immediately – but I certainly think that you should download a copy of the programme immediately as well. Of course Hermes will try to say that you are not their customer and that  their client is Paclink. Of course that is true. On that basis Hermes will try to say that they are out of your reach in terms of bringing a legal action because you are not party to their contract with Paclink. However, Under the Contracts (Rights of Third Parties) Act, where the contract is clearly intended to address you as a beneficiary and where your interests are not specifically excluded by the contract, then you inherit all of the rights of the contracting parties – as if you were a party to the contract. So I suggest that you begin the claims process against Hermes, download the programme so that you have got that safely stored away in your armoury and then come back here with the results of your Hermes complaint. I can predict fairly confidently now that you will have to threaten a legal action – and probably you will have to issue the papers. There is then a chance that Hermes may put their hands up – but on the other hand they may decide to test your resolve by forcing you onto the next step where you have to pay hearing fee. If you do that then they will start to take you more seriously and then they may put their hands up – but they may decide to go all the way and see you in court. Because you are a litigant in person – even though you would be the claimant, the case would be transferred to your local court. That would produce logistical problems for Hermes who would have to instruct a local legal representative and they would incur costs there. These costs will not be recoverable under the small claims rules because your claim would be for less than £10,000. If you won the case then you would get your money, plus interest – presently at 8% (a nice earner) plus your costs. Your risk factors are that if you lost, then you would come away empty-handed but also you will be out of pocket to the tune of your fees and you would probably have to pay for the reasonable costs of travel for the Hermes legal representative – but that would be it. On the basis of what you have told us, I consider that your eventual chances of success at about 85%. Hermes risk factors include having to pay you back the value of your item, having to refund you your court costs and your reasonable costs of travel – but more significantly for Hermes, a defeat in court where they try to rely on the fact that you hadn't bought a compensation package would send a good message across an industry which seems to have produced a culture going back there are 30 or 40 years where customers who pay their money now believe that they must also pay to insure against the negligence of their own service providers – two home have they have already paid the contractual price of performance. How this ever happened is a mystery to me.  
    • The concerns go beyond the ORG worries, the companies and people involved Serco, G4S, and Dido Harding don't inspire confidence in their ability to prevent data leaks to begin with. Be so easy to add a "Refused vaccination" flag, or refused ID Chip for unrestricted access to services.  in there.
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themadcap

Themadcap vs HSBC

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Telephoned the court again today, the judge has given them an extra 7 days to submit their AQ but the order hasnt been sent out yet as they have a backlog!!!!! might as well say heres an Allocation Questionaire fill it in sometime over the next six months, if they had sent it out at the time it wasnt submitted they would have lost by wednesday now they have at least another week holding onto your money

Not best pleased with yet another delay, already 4 months waiting, i wasnt going to quibble over the daily interest but it might now be worth a few quid more!!!!

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could dg do with a nudge? let me know if your do.

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Phoned court again today and they still have not sent out the judges order for 7 days extension on DGs AQ, said probably early next week, that means if they get it tuesday they will have 7 days from then, thats given them an extra 21 days due to court being inefficient sending out judges orders, nothing heard from DG so yet more cat & mouse, its a long wait (now past 4 months!!!!) but i have a good job and arent desperate for the money so whenever it comes is a bonus, just annoying when you put all this work in and yet the other parties and the courts cant sort their acts out

anyway will keep informed

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I think i am the only person to never ever got any offer whatsoever at any stage, they never filed their AQ due on 6th march but still nothing, obviously not trying to scare me that they are going to court or they would have filed, just wanna really test your patience, i have reported DG to the legal complaints service, anyone else wants to the web site is LCS: Legal Complaints Service home as they have provided me with no correspondance or tried to make contact or fulfil their legal obligations via the court services.

It is not enough to say they have a backlog whilst avoiding what is common law

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I think a polite letter to the court might be in order, just pointing out that DG have now had a 21 day extension to the AQ time period and isn’t it about time to call it a day. Using the telephone is all very well for finding out information but there is nothing like a little black and white record sitting on someone’s desk to motivate people.

pete

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I cant do that as the court haven't sent out the order as they have a backlog so basically giving them 4 extra weeks to comply, which they will on the last day no doubt

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Surely a "further to my telephone conversation with your kind court assistant..." letter would be in order if nothing else to make them get a wiggle on... good grief

pete

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i was told yesterday (tues) that it would be sent out and i will have a copy before the end of the week so maybe a glimmer of hope!!!!!

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Well if that happens to me I will drop them a very nice letter because you can bet the Judges don’t know how screwed up their system is.

Can you pm me which court it is (preying its not mine)

pete

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i'm feeling that you'll get your offers very soon


If i've been helpful in any way....then tip my scales over there!

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Thanks netty, i try not to let it get to me and im usually telling everyone else to take it easy but after an hour on here you get wound up by what their doing to everyone else.

But i think its time now for a caramel horlicks and the simpsons - my time not HSBC's or DG's

cheers

catch everyone later after whistleblower!!!!!!!!

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how do they sleep at night?????

i've no idea -

when i get wound up, i go for a bubble bath!

 

mystic perky is in sparkling form tonight - predicting a bumper weekend!

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Ive had an offer today but now realise i made a balls up!!!!!! just realised i only sent the back two pages of my schedule instead of four, the other two have been lost somewhere so the court & dg only have the last 3 years of my schedule and that is the offer in full. obviously cannot disclose amount in case i settle but its the full amount plus court costs and court interest so pretty excellent really.

 

l dont know if i have to settle and reclaim the rest from the start again as it is my fault i didnt send all the schedule and have got past the AQ point.

Thinking of accepting and making a reclaim as i know what to expect now and so do they

Any help appreciated

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well, hopefully you sent the full set to the courts - yes?????

if so, you need to send a full set to dg - explain in a letter and also accept what they have offered as partial payment (see rejecting letters for wording if you need help), i think it's the only way forward. you need to apologise for your error - but if you have sent the full amount to the court then that is the amount of the claim - explain this - include full set and accept offer as partial - that's my advice. they will know the total from their copies of the claim - they don't work solely on the ones you sent - be a bit (but not too) assertive in your letter - apologise but just be matter of fact about it - get what i'm saying. you want the full amount you have claimed for.

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I have only sent the court the 2 copies as well, i cant find the other two so must have lost them, dg have agreed on the settlement based on the dates from the schedules i sent 2004 - 2006 and have indicated i could not make future claims on based these dates therefore i can make a fresh claim for 2001 - 2004 and 2007 .

i feel an acceptance is the only way forward and start again with the other charges

cheers

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go for it madcap... congratulations on the offer for 04-06


If i've been helpful in any way....then tip my scales over there!

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ok, but use you own wording so that it says you won't claim for those charges again - don't fall for any of their conditions. use your own acceptance - i just posted it to give me my money - take it off there.

if you accept it and it says no more in those years - you may shoot yourself in the foot. so, overall - what percentage is it of the full offer for the lot - just curious...

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Well Done Mad Mate!!!.. if you have got everything you asked for from the sheets you sent you cant ask for a better outcome

And Good Luck with Claim 2 (HSBC Wars 2 The return of the Sith )

pete

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ok, but use you own wording so that it says you won't claim for those charges again - don't fall for any of their conditions. use your own acceptance - i just posted it to give me my money - take it off there.

if you accept it and it says no more in those years - you may shoot yourself in the foot. so, overall - what percentage is it of the full offer for the lot - just curious...

Thanks lattie have used it and amended as required

cheers

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hi,

i have an allocation hearing on the 25th July can anyone let me know if i need to take anything to court

cheers

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Allocation of what? please be clear! Thanks!

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