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    • Can you identify what you call 'bubble' tyres? a photograph would help, together with the make and model of vehicle. I do not see how the rims can be fully protected by the tyre, which being pneumatic will have a degree of compliance the result being that at certain angles there is still a risk of rim damage.
    • In addition to the images of the damage which we would like you to post, have you sent off the subject access requests? This is very important. They have a 30 day time limit to produce them – and the quicker you get this underway, the quicker you will get them back. I think you have a winning hand here but we need help from you
    • Yes the suggestions by FTMDave are  good, keeping them similar but subtley different is key, that way it keeps them on the hop.
    • Thank you for your effort and care. I take your point.  The issue is that the girl  does feel the ex-partner did settle with the bank, and  I feel if we just declare that it never happen then the court will label her as a liar.   However, perhaps we should tune it down like so: 4.   The defendant believe that the ex-partner had reached an agreement with HBOS to reduce the outstand OD sum to £XXX and closed the account. 5.   The defendant, as much as she would like to be confident that her ex-partner had settled the agreed sum with OC, she is not absolutely certain, considering her health state at that time.    
    • The letters are all nicely different and with a gap between them.   Two tweaks.   I'd cut out the sentence that starts with "Coupled with the several letters ..."  Their client has a legal dispute with you so they're entitled to sent a letter, it isn't harassment.   Also at the bottom just put "COPIED TO PCM UK" without the Gladstoned bit.  You've already taken the wee wee out of them with that phrase, best not to include it this time and keep the letters different.   If there are no further suggestions from the regulars, as usual invest in two 2nd class stamps and two CoPs tomorrow, and tell Gladdys to take a running jump.  
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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
      • 25 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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Mick V Capital One


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Thanks Uk, correct me if I am wrong but basically it helps the judge to decide on allocation and the amount of time to allow for the hearing.

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You are correct doo. . . it is an opportunity to give the judge all of the details ahead of time. He or she would be able to allocate the case to the right track, and see if there are any special directions needed when it goes to court. It would be a good idea to add a directions letter to your AQ for the judge to consider.

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Is this a directions letter to send with allocation questionaire:

 

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

 

 

Between

 

 

XXXXXXXX - Claimant

 

 

and

 

 

 

XXXXX - Defendant

 

 

 

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

  • a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

  • b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

  • c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  • d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

  • a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

  • b) Whether such charge is accepted to be a penalty, and if not why not;

  • c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

  • d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

  • e) Any witness statements.

  • f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order

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Thanks UK - I will do this, would be appreciated if you could keep an eye out on my thread - I'm ok at the moment but feel I may need help a bit later, there is a link in this thread on post number 68.

 

Sorry mick for quick hi-jack, there certainly is alot to get your head round, have been reading and reading today :)

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Hi Doo just checked my balance and its been cleared, whoo hooo, will they send me the other £800 pound by cheque, got to get off to work now so speak soon

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Great news Mick, am really pleased for you, no more worrying about any more forms. You will I am sure get the balance sent down by cheque. Now, who are you after next?

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Hi Doo just checked my balance and its been cleared, whoo hooo, will they send me the other £800 pound by cheque, got to get off to work now so speak soon

 

Congratulations. . is this full and final settlement?..

 

Uk

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Thanks Doo, doing LloydsTSB now, yeah I think its a full and final settlement, they have cleared the card which was £689 and I rang them to ask when I would recieve the reminder of what they owed me which is about £800, said they had sent out a cheque yesterday and that I would get it in about 14 day, I take it I dont cancel the court action until I recieve the cheque.

 

It took exactly 21 days from there letter of acknowledgment to them clearing my card, which is what the you all thought it would take between 21-28. Thanks for all the help everyone and I will be donating and hanging around to help where I can.

 

Dont know what I would of done without this site but now I know what I do hopefully I will be able to give a bit help to people who were like me a couple of months ago.

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Well done Mick. Keep the action with the court open until you receive your cheque. Glad it's nearly over.

 

Uk

  • Haha 1

Some useful links.

FAQ's

Making Posts

Letter Template Library

Bank Contact Details

AQ Guide to Completion

Court Fees

Data Protection non Compliance

Witness Statements for Court Bundle

Banking Code Website

Limitations Act

Fast Track Costs

A-Z Index

Mis-Claim Tutorial

Step By Step Instructions

 

Remember: The Ark was built by amateurs-The Titanic by professionals.

 

Please click my scales if you find my advice helpful !

 

If your claim is successful, please donate 5% so that it can continue to help others.

 

Your decisions and actions are your own, and should you be in any doubt, please seek qualified professional legal Help.

 

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

 

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

YOU CAN NOW COMPLAIN TO THE OFT ABOUT THEIR CONDUCT UNDER THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008.

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Yeah I will do UK, got a letter today confirming they will be sending me a cheque and that for me to contact the court so not to waste there time, what a cheek, will wait to receiving the cheque first though

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ok recieved my cheque today so thats everything paid back, will wait till it has cleared and then send off the letter to the court stopping further action, thanks again everyone

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Did your settelment include the money you paid to file your claim? IM almost at this stage and am just wondering.

 

Thanks

HBOS Student Visa - DPA sent 30/03/07

 

HBOS Student Current Account - DPA sent 30/03/07

 

HBOS Current Account - DPA sent 30/03/07

 

Capital One Mastercard - DPA sent 5/04/07

 

BRING IT ON!!!!

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