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    • Hi Scourge,   Actually I decided to look over their defence again as it had been a long time and there is a few sections about birdstrikes!   To be honest I never replied to their defence asI was under the impression that I would be doing this at court at the hearing when I could argue that their defence was missing the point entirely.   If you like, I could send you a copy of their defence for you to look through?  Perhaps then you could see if it is a generic template that you may have comeacross before?
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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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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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No AQ - Straight to PRE TRIAL REVIEW


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had a few issues with mine as well oyster - sometimes it shows and sometimes it doesn't...think its just a technical glitch

 

and yeah kewl little man :)

DCA's - they have the same power as an infinite number of untrained chimps working on a script for Hamlet, but the chimps would probably at least get it right :D

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another one - quick - i'll keep gmmm talking -

 

so, givememymoney - good job with cookie - thanks for that -

 

lovely weather here in hull today - ok where you are.

 

they say snow for the weekend - i don't believe them

 

 

 

 

 

did you get there oyst?

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Lattie -

Do you thing I need to worry about this?

 

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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i'd say not - at least not by what i've seen of it so far - peeps are saying the pre-trial review is an attempt to get the sides together and what they have - and i think this other refers to the judge allocating which track the courts will use (small track, fast track, etc) so, no. no effect.

if it were to apply - you would hear something - even if it were an order saying if you don't pay it quickly they would throw out your case - you'd still have time to get it in -

i really don't think it applies to you. i think it will vary from court to court - and you've been given a pre-trial review not an allocation as i understand it. so, don't worry for now.

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I think it may apply, I have seen one pre trial review where it did, was the one me and Crusher were joking about, Cant for the life of me remember which thread it was though.

As Lattie says it probably varies from court to court and they are not going to throw your case out when they can make £100 by just asking you for it. Don’t forget, at the end of the day in our modern autocratic society the courts are a business too.

pete

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Looking forward to the 13th in Cambridge all :) We should come up with a pub that we can meet in afterwards to share our stories!

 

Think my case is slightly different from most here, as I didn't receive any order stating the AQ was being dispensed with. I returned my AQ (with Fee) and then received a letter informing me of the pre trial review. Maybe I was just in the cross over period when they decided to start doing things differently.

 

Anyway, was going to use Latties letter to nudge my lot, but I'll need to erase the part about AQ being dispensed with - think it would be ok to use that letter as a template and then just replace the 'AQ being dispensed with' part with something like 'I've received a notice of pre-trial review'?

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yes, try my other thread - the when you've filed your aq .... post 1 .... more ideas for letters and feel free to tweak them - a letter every 10 days - is my best advice.

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Iam up for a couple of beers, i will get the train in i dont think the court is too far.

 

Hey ... DG will probably make an offer before it .. there are a couple on peeps on the lloyds forum 1 is in the week prior.!

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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GUESS WHAT? I GOT THIS MORNING

 

Oyster

 

:p

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Got it ???? Do u mean DG have paid you at the eleventh hour and so there's no party now at Cambridge on 13th July????

So - spill - spill - spill ....actually gone into your account or letter asking you to accept full payment??:confused:

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Peeps.....

 

An offer for almost the full amount 4700 a few discrepancy's on the interest

on the overdraft claim was for 4100 ish + the 8%

 

Remember my PTR is not until the 13th July 6 weeks to go.

there at least two others on the 13th of July with DG and Smelli and Regis - the should get an offer soon.

 

I feel great..... thank you so much peeps.

 

Need to the Reply Might need a little help with that as they want to pay metropolitan collection service ( HSBC debt collection service) 2k from the

 

and also get the HSBC defaults removed from my account

 

 

Thanks again

 

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Great news Oyster! Looks like they are hanging out until the last minute we've all just got to hold our nerve and keep eye on the ball!!!

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Yep,

 

You Just got to keep going TBH when I look back it didn't take that long just feels like an age between each stage.

 

Oyster:):):)

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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Yep,

 

DG Must be having a spring clean... nice tidy desks for the summer:grin:

 

 

Oyster

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

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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