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ok thank you. please don't take the questions i am asking as a bit naff and p'haps could be viewed as pointless , but i am simply gathering what information might be needed when obviously more the knowledgeable members appear in the morning. more of an info gathering stage at present. you indicate mediation, so my last question is how far 'in' are you regarding the court claim she has made, at what stage and have you appointed a solicitor yet as you indicate a worry about costs...i hope not as there might not be a need too, you would gander your costs against the claimant, but is this a small claims county court claim? , in the family section or whatever its called? -
By Hollywally · Posted
Yes I am the executor and the estate has been settled. She has made a statement with a solicitor and wants mediation. But there is no basis for a claim as we have evidence that she wasn’t cohabiting, was living with another man as his ‘carer’ and was not dependent yet her solicitor still supports her claim against 1975 act. Seems unfair, will we be allowed to claim our costs back for example? we feel we are being dragged through litigation without any basis for it. -
sorry for your loss..it can be a difficult time this might be a wee bit outside of advice that can be effectively given on a forum. what type of legal claim has been raised please? where in the probate etc process are things currently or has the estate of your late father already been settled ? i was guess you are an executor of the estate too?
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By Hollywally · Posted
A girlfriend, she claims to be a dependent and to have been living with him. Both false claims. She has large properties in Thailand and london which she put in her sons name after my fathers death. -
hi you'll have to slightly expand on what is behind your query.. who's estate? who is this person in relation to the person who owns the estate and why do they think they have a claim? dx
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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!
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