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    • just has an email about claim 1 - trial 7 days away     their solicitor- 'heres some further disclosure, your broker says you agreed to pg ' so just pay up and lets avoid cout!     cue list of emails between two people , with no one else cc'd or copied in   i said unless xx and xx have provided a witness st and are going to be cross examined at court, this is inadmissable hearsay (its never been disclosed) weve never seen or heard of any of it. (to note this was not presented as supplementary, paginated etc so obv was meant for my eyes only and hasnt been sent to court)   they may have had a lovely conversation, but where are we involved or proof this has been sent or included to us (it hasnt)   so bugger off
    • Hi Guys, just a quick update,  I now have all the information VCS hold on me and photos to show I was not in the fuel station as they claim. The date of the 14/02 has passed for their threat to take me to court how long should i expect to wait to hear from them? Also should i include in my appeal that the fact they couldn't issue me 2 x PCN's had this happened in a car park (as by their own charter you are allowed a 10 minute grace period) how can they do it on a private road, and as it is a private road when i asked them for a breakdown of the costs incurred that lead them to the figure of £100 they quoted to me the case of Bevis v parking eye to justify the amount, however i feel this is not relevant as this event took place in a car park. cheers
    • I think this needs to be settled in a court of law and I don't think any other method is at all acceptable. It needs to be open, transparent and beyond doubt.   As you have had a possible disclosure I think it is reasonable to to write them and inform them  the disclosure they have made is incomplete and so therefore they are still in breach of their strategy obligations. that you are extending your time before you issue proceedings buy a further 7-days but after that you will definitely be issuing proceedings and there won't be any further discussion. I think you have to take this approach in order to show the judge that you have been doing everything you can to be reasonable and to be co-operative even though they have failed in their duty.              
    • Yes photos could blow VCS case if they are trying the same company trope they have lost on before.
    • Well fingers crossed 🤞.then, I was surprised they posted a letter of assignation tbh, but guess I'll just have to wait and see
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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
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djdave vs Barclays


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My story so far:

 

9 Feb: Sent request for statements

13 Feb: Barclays returned my £10 cheque

20 Feb: Statements arrived

22 Feb: Sent first letter claiming £2747, slapped myself for running up so many charges!

8 March: Got standard "we're dealing with your complaint" reply

9 March: Sent LBA

21 March: Watched Whistleblower in disbelief!

22 March: Tried negotiating over the phone, hit brick wall

29 March: Offered £1625 (60%) as full and final settlement.

 

Damn it was tempting, but the fight goes on!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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have you started your court case yet as you should have done so on the 23rd March

 

Remember to keep to your deadlines. Good offer from them though !!!!!! one of the highest i have seen at this stage, it must of been hard to say no so well done you

 

Good luck

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I'm going to start the court process on Wednesday when I've got enough money. It was really difficult not to cave in and accept, because I was only expecting maybe a 30% offer at most. But I've come this far...

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Definitely keep going.

 

£1625 is a nice amount of money and i guess it depends how desperate you are for it.

 

Just think how much sweeter that £2747 will feel when you get it knowing you got it all back AND you beat the bank

 

;)

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  • 2 weeks later...

A quick update: I enjoyed a nice Easter with my other half's family, and today took my N1 claim form to the court - pausing briefly in the car park to phone Barclays and give them one last chance to settle.

 

They "don't do that", so rather nervously I handed in the documents to the court. The lady who dealt with me couldn't have been nicer, so to anybody who might be finding the prospect of Court a tad daunting: don't worry!

 

Now I've just got to sit back and wait for them to enter a defence, then to not turn up on the day!

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 4 weeks later...

Update time!

 

Yesterday was Barclays' deadline for entering a defence. I rang the Court at lunchtime and the nice lady confirmed that nothing had turned up.

 

So I shot down there and gave them my Request For Judgement. Oh yes, I would like the defendant to be ordered to pay immediately, please :D

 

I think we may have a result here! :D:D:D

 

 

Edit: I've just noticed on some other threads that they're entering their defence late but some courts are allowing it.

 

Oh. Fingers crossed, then....

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Yes they are allowing them to enter a defence late, so don't get too excited.

Up to 10 days late sometimes, so hope you are one of the lucky ones.

I will keep my fingers crossed for you.:)

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You'll have to keep your fingers crossed for a few more weeks :(

 

Barclays acknowledged on 30th April but the court forgot to tell me. Oh well, let's wait for their defence.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 3 weeks later...

It gets better and better.

 

As posted above, the court told me that Barclays hadn't acknowledged the claim so I asked for judgement to be entered in default.

 

A few days later I received two letters from the court. One stated that judgement had been made - I'd won! But the other stated that Barclays had in fact got their defence in. Curious...

 

So I rang the court who said that there'd been an oversight, and that Barclays had got their defence lodged in plenty of time. Hey ho.

 

But then...

 

I received a letter from Barclays legal and compliance stating that they were surprised I'd managed to obtain judgement, but nevertheless they were prepared to settle - in full with interest - if I'd agree to have the default removed.

 

That was a no brainer, so I returned the form by email and had the money in my account the very next day!!

 

I'm a happy bunny indeed. Being on incapacity benefit means that money is, to quote the ginger crooner, too tight to mention. This payout from Barclays couldn't have come at a better time, so a huge thank you to everyone who's given advice. :D:D:D

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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