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    • Hi I received a letter from a solicitor yesterday for my daughter (who no longer lives here) from a solicitor.   It is a county court claim in relation to a RTA 2 years ago.   I have some questions in this regard  No.1 She doesn't live here anymore and I have no idea where she is (due to a far from ideal relationship he won't let her contact me) No.2 I don't understand the details are at best miss representations No.3 They say the Insurance company has admitted liability although she was not at fault They say she hit them at 40mph and then again at the opposite side of the car at 30mph when in truth to vehicle pulled out at a T junction into the front of er car. causing significant  damage to my daughters car.  No.4 Apparently my daughters insurance has accepted liability however they are claiming which has as stated in this claim already been satisfied by her insurers  No.5 On schedule of costs it details physio costs for which there is no doctors referral detailing back pain and neck pain for which the walk in clinic  advised paracetamol and it notes this woman has had significant back pain for 10 years? No.6 Its also lists 2 defendants my daughter and the insurer. No.7 The chosen court is 200 miles away !     I have photos which totally disprove these peoples account, but my daughter isn't here can't tell her . Should I respond to this and detail the evidence I have here on my CCTV.  Give them pictures of the road where the accident happened totally disproving their account?   I don't know what to do      
    • Ryanair did not appeal - so ended as expected :-)
    • Quick update in case its helpful to anyone in the future.   Covid made things a little different i think, there was no prosecutor to talk to however the legal advisor to the magistrates was helpful and happy to make the decision to do the deal, this took place in the courtroom, although i had spoken to someone (i think an advocate) half an hour before who had made them aware of what i was asking. All was relatively pain free and ended up with a £3xx fine rather than the £8xx, and 3 points rather than 6.   Thanks for all your help MITM
    • Thank you for this – and thank you for the donation. You need to check your PayPal email address because that was the email which was used for it. It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing. Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it.
    • Just to add, it may well be that the camber was slight – but coupled with the momentum of a vehicle, sliding on slushy ice, it doesn't take much to add that little bit of extra speed or momentum to a skidding vehicle   Also, you say that there was "not a lot of bend" at that site. Frankly I disagree. I think there is quite a pronounced bend and also the position of the van – which is roughly in the position of the white car in the image below – was pretty close to the band and if you imagine that it had started pulling out before the OP appeared and started to make its manoeuvre and was far enough in to the road to have a gap done its left-hand side that a Vauxhall Corsa could pass down, then I think that the bend was sufficiently aggressive to have been of concern to a prudent driver – who was parked on the wrong side of the road, who was trying to cross the carriageway to proceed on the other side of the road who had parked close to a bend and he was aware of the icy circumstances.     In fact if we take the width of the van at 72 inches – 6 foot. In order for it to be far enough out into the road to allow sufficient gap for a Vauxhall Corsa to pass down it, it must have been all of 11 foot into the road. The OP tells us that she lives there – and maybe she would be kind enough to measure the width of the road where the van was.  It is a narrowish  stretch of road
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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
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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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CCA's and Dave against the world !!!


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Hiya Dave,

 

Good luck today:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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thanks guys......:)

 

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Just got back from court....................:(

 

It was like a full blown hearing, they sent a Barrister.....just as well I took my stuff, he may have dismissed me there and then. The DJ was a somewhat stern looking guy who mumbled a lot, but he turned out ok in that he did help me along a little.......so much so, that until the last bit of summing up I thought I had it nailed....

 

Application to strike out defence refused

 

Application to strike out order re: 6 year limitation period refused

 

will get a date in directions, case in about 8 weeks, skeletons to be filed along with bundles.

 

He kept on about there being a flood of similar cases since the Supreme court ruling asking for stays to be removed etc...I kept on replying that credit cards were a different matter and not covered by the supreme court ruling.

 

He wanted it to become a test case in a higher court....the barrister was flustered, and I was unsure.......like everyone I am on my uppers at the moment, I couldnt afford counsel for that sort of case !!! not if I didnt have to......

 

I thought I had presented my case well, had 3 nice binders with all relevant caselaw, various letters back and forth, their offers to pay, the final "gesture of goodwill" with no ties. A letter form Martin3030 referencing his case that he won on the same grounds.......European court of justice rulings....the whole works.

 

nope didnt work....I'm almost sure that he didnt want it to work and wanted a test case.

 

He kept making references to the latest OFT case that lost, and each time he did I tried to put him right that the issues were different, I think he was getting mixed up between bank charges and credit card charges.

 

still there's now time to get my case in some proper order knowing what I now know.....:(

 

rgds

 

Dave

Edited by davefirewalker

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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I'd be pretty satisfied with that, dave. :)

 

Inch by inch - you'll get there.

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Hello Dave!

 

Application to strike out defence refused

 

OK, I think you can live with that!

 

Application to strike out order re: 6 year limitation period refused

 

OK, I don't think you can live with that! But what to do about it, that's the question.

 

I think the Judge was wrong on s32 of The Limitation Act 1980, it does apply, and he has misdirected himself.

 

Cheers,

BRW

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There should be some recourse against some of these judges...:mad:

 

Hang on in there Dave, you'll get there in the end...

If my comments have been useful please click the scales and let me know.

 

Me vs Rockwell/Tessara/RBofS: pending.

Me vs MBNA/1st Crud: Discontinued.

First Direct Overdraft: CCJ won.

IR: 2 CCJs 1 won.

Birmingham Midshires: pending

BT: pending

others to come....

 

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Not too upset..(although it has thrown my party plans into chaos).....its only a single battle.....the war WILL be won :)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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well done dave at least now it is ongoing and all the help on here should help it is about time this was once and for all sorted test case or not...

will look through thread again and see what we can add to your defence as this does concern about half of the people who come to the forum...we might even be able to force a ruling of TRANSPARENCY AS TO ACTUAL COSTS of charges etc...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi patrick.....

 

had to have a little giggle about this case though........I didnt know who to take to court Barclaycard....(ex Morgan Stanley / Goldfish ) or HFO.....So I tried my hand with barclays first, this at least tells me that there is something fishy about the assignment....ie it must only be an equitable assignment.....or barclays havent done their homework properly and they have paid me when they didnt have to :)

 

rgdss

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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HE HE yes i think we all know eventually MORGAN STANLEY will have to pay back the money to either BARCLAYS VIA GOLDFISH OR VICE VERSA as it stands they must bring MS to the courtroom especially if it is to be test case TEST ON WHAT minute application forms than consisted of twenty lines and since we also know they only scanned in copies of the application possibly 3 out of every 10 ,the rest were shredded as soon as payments began on the cards..so their is no contracts of agreement from MS,i can see a few bob dissapearing from MS coffers,so the TRANSPARENCEY wont work because barclays would never have paid for them so i suspect like you it is all in equities...

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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especially if it is to be test case TEST ON WHAT minute application forms than consisted of twenty lines and since we also know they only scanned in copies of the application possibly 3 out of every 10 ,the rest were shredded as soon as payments began on the cards..so their is no contracts of agreement from MS,i can see a few bob dissapearing from MS coffers,so the TRANSPARENCEY wont work because barclays would never have paid for them so i suspect like you it is all in equities...

 

Unfortunately.....I didnt agree to there being a "test case".....I couldnt have afforded the counsel, I probably would have to defend myself and that wouldnt have been fair on those that were to follow, I'm not the best speaker, I can digest what has been said or written and formulate an answer...but to do it on the fly.....maybe not........so someone else will have to fight that battle.....I have my hands full at the moment keeping my family fed and a roof over us......dont get me wrong ...I am not (yet) at the gates of poverty, but not far short...

 

 

 

rgds

 

dave

Edited by davefirewalker
rambing on...beer fuzz :)

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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  • 1 month later...

Got a court date a few weeks back....sometime in june about 23rd I think..

 

barclays contacted me and offered an extra £20 + .......:).......to which I waited a while and then refused, I re-filed all docs with the court, and guess what...???

 

Barclays have folded........They emailed me and wrote offering to pay what I asked for....I refused unless they added the extra £75 for the "lost" hearing as extra costs. I also made sure that they would not come back at me for any of their costs if I discontinued........(you never know)

 

they accepted :)

 

Just waiting for the money to appear in my account and I will write to the court to withdraw the claim.....

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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Ayup Dave Thot You Had Fell Of A Cliff Or Some'at Lol Good To See You Back Dave So U Been Spendin All Your Dogh On A Long Holiday I Guess Lol ,na Well Done Mate....

Patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Ayup Dave Thot You Had Fell Of A Cliff Or Some'at Lol Good To See You Back Dave So U Been Spendin All Your Dogh On A Long Holiday I Guess Lol ,na Well Done Mate....

Patrickq1

 

No Ive been going through one of my many (sort of depressions)....I cant sleep very well, dont get to bed before 2-3 am and up early.

 

I sometimes dont go near my computer for many weeks....(not an entirely bad idea)

 

Anyways...thanks for the support

 

rgds

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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aye well done dave,tenacity won in end plus a sense of justice was on your part....SLEEP i am one of the i take a sleeping tablet i have to wake it up first damm lazy dem tablets n way they dont work on me i am a insomniac i sleep on average three hours a day max even then i wake up during sleep....but ive learnt to accept that,depression lucky me i dont suffer that but know of it and get it from my daughter she suffers very badly from it,and it is difficult really difficult to understand it,we just accept it and do our best for our girl ,anyway dave keep your spirits up dude sorely missed on here an the humor is missing from the threads dude...

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Congratulations Dave :D

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Barclays have folded

 

Well done Dave. You've never let this one go, you deserve this result. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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