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"Dear BW Legal, With reference to your most recent letter to myself – letter of claim, I am writing to inform you that I shall be disputing the claim as I do not owe your cowboy clients a penny. As you should know, no keeper liability has been created by your clients, since they have no solid evidence as to who was driving the vehicle. Also, KBT Cornwall evidently do not realise that an immovable vehicle prevents the driver from being able to fulfil their contract. I suggest that this should be taken no further, but if you are foolish enough to proceed, then you should be aware that the claim will be firmly defended and an unreasonable costs order under CPR27.12(2)(g) shall be brought against your clients. I may also add that a claim shall be made for breach of the GDPR for accessing my personal data when they had no grounds to do so. Yours sincerely" Here's the updated letter, just printed now and will send off today with proof of postage. Thanks for your help.
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By honeybee13 · Posted
Hi. I've merged your old and new threads. The previous one was automatically closed because nothing was posted on it for a while, but for future reference you can report an old thread and ask the team to reopen it so that updates can be added. People should be along over the course of the day to advise. HB -
Good Morning all, this has become a definite thorn in my eye! For the background info I have used the original title for reference. So originally I received a letter from the DWP, I was not sure if it was real or a scam, I came here and posted, I gained lots of info and advice, I followed guides, wrote letters, sent recorded delivery, SAR etc. etc. Facts; The SAR showed there is no overpayment anywhere, I called the various departments still no justification of where this apparent overpayment came from, I received a letter to say it was cancelled, all good I thought... Then, at the end of last year, my employer sends me a letter from the DWP, DEA has arrived and must be adhered to! The amount in question is/was £200 approx, my employer without asking me, put the whole amount through on my next wages, at this stage, I am angry but none the less, I will send some more letters. I sent another letter to the same named manager at the collections for HMRC and stated, 'why have you taken this money, without proof of me actually owing this, albeit I have proved it?' He wrote back back and said it was cancelled due to covid and I must pay it, albeit I stated in the letter 'YOU HAVE TAKEN IT OUT'. Time has gone by, I have been busy and have not challenged them for my refund of this payment, only to get another letter yesterday, stating 'they cannot get hold of my employer and other measures are being taken to recover this money.....' In my original post of this a year ago, my point was, if it were £2000 and its incorrect, is this the process, just take it all and leave someone in trouble, you guys pointed me to the guide which states how much an employer should take, this was never adhered too either, This is almost gangster like in my opinion and leaves a distasteful note in my mouth and quite frankly has me beat as to what to do. So is this how it goes? If every month they send me this letter saying overpayment with no justification for any amount and they can just keep using the DEA, EVEN THOUGH IT IS INCORRECT, I DID NOT OWE THIS MONEY ANYWAY, I PROVED IT, THEY STILL TOOK IT AND THEY STILL ARE TRYING TO RECOVER THE SAME AMOUNT WHILST ESCALATING IT TOO COLLECTION AGENCIES! What do I do now? Help much appreciated
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The economy "showed some improvement" as it grew 0.4% in February, according to official figures. View the full article
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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