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    • Has the property been cleaned now? Is it the in the same state as before?
    • Please follow the link and read what we have to say about people who pay by bank transfer
    • Hi, yes, those are the people.   It's too late to ask SS to inspect.  This all happened in a big rush between xmas and new year; I complained to the woman I'd been dealing with, she liaised with the MD and came back with the £100 offer, took a couple of days, I refused, she then said I needed to contac the MD. When I emailed him, I got the out of office message back, and then, eventually, the offer of £150 which he deposited, without my agreement, into my account..  So it all took weeks.  I have plenty of photos though.   The social worker saw some of the photographs.  Because of the timing, holidays, everyone busy etc she said she would go by my judgement as to whether Friend should be allowed home (This was before the service was carried out)  I sent her some photos but neither of us mentioned Friend not coming home - nobody wanted him to have to stay in the care home any longer, it was totally inappropriate.  She knew I was going to take some action with regard to the service, but we didn't speak again.     Sorry, trying to catch up with all the questions.. I paid by BACS - it was the only option I was given. They are based in Wallasey, Wirral, and I think they have been there for some time.  I don't think they have disappeared.
    • Yes that sounds correct Commensurate use
    • I don’t have the details to hand, they’ll be on an old IDE hard disk from my old computer and I’ll need to buy an adapter to access those files.   But from memory, I think the case was around 2016 in an English county court. A lawyer was posting progress on a case he was working on, I can’t remember which forum, arguing that Erudios DAF forms breeched unfair contract law.   Erudio settled the matter out of court just before the case was heard when the lawyers client accepted an offer to backdate all his deferments and make changes to future DAF forms.   Very soon after all the posts relating to the case were removed from the forum, I suspect as part of the settlement deal with Erudio.   TBH I wasn’t sure at the time that I was going to be able to use this anyway, given that there was no ruling on the case to refer to.   I just wanted to make them aware that I knew they had granted deferment to somebody who hadn’t used their DAF.   I turned 50 in February 2018.   Strangely, I can’t find a copy of the default notice or their final response.   I say strangely because I have what I thought were all my Erudio letters in a file in date order.   I can only think therefore that they were sent by email and I did have a period were I had to switch email providers and email addresses because emails were being lost, and then when I switched the previous provider deleted everything.   I did manage to backup some of those emails before the previous provider deleted them, but again they would be on my old IDE hard disk, so I don’t have access to them right now.   Sorry I know this isn’t much help.   How essential are these letters?
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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
      • 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
      • 33 replies

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The defendant admits that all the money is owed.

 

Please make your selection:

1) I accept the defendant's proposal for payment

 

Say how the defendant intends to pay. The court will send the defendant an order to pay. You will also be sent a copy.

 

 

 

 

2) The defendant has not made any proposal for payment

 

Say how you want the defendant to pay. You can ask for the judgment to be paid by instalments or in one payment. The court will send the defendant an order to pay. You will also be sent a copy.

 

Cant get to this anymore as i have gone for option 2

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The following information relates to your judgment:

 

Claim Description

 

Claim Number

 

Status of this Judgment

 

 

Halifax

 

6QZ44128

 

Requested

 

Your judgment has been submitted to the court for final validation before being issued.

 

 

This is what i get now...also got a pdf form from the courts outlining all the money that is owed and how im going to receive it.

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Well, unless I am very much mistaken, a very bemused congratulations... I can't help feeling that Halifax have messed up their response, but in the absence of other evidence... It would seem you've won...

 

DO keep us updated, will you? I can't help feeling that there is something odd going on here...

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Yeah any further news i get will be posted to my thread ASAP.

 

I would have thought if they have admitted liabilty then they can not now go back on this, is this correct ???

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Posted elsewhere, I don't know if you recognise the set-up? Does that sound possible?

 

The OP is talking about the choices that you get when you click on "enter judgement".

 

You have two choices:

 

1) Judgement by default

2) Judgement by admission

 

It sounds like the OP has clicked on "enter judgement" (or whatever the link was), selected one of the options, and is now at the stage described in her post.

 

It's more of a POSSIBLE cockup on her part. I mean a possible on her part, as if HFX haven't entered a defence/acknowledgement then she is doing right in entering a default against them, however, if they are/have replied, then she shouldn't be doing what she has done.

 

Hope this clears things up, I'm not quite 100% I'm right here, but I'm pretty sure, because I press the same button once FD had settled my claim, as I thought I'd have the option to close the claim. I didn't. The claim is, effectively, still running, as when I called Northampton CC (MCOL) to see how to cancel the claim, she told me that I don't have to, I can just leave it, though she recommended changing the "claim description" (which is merely for my info) by putting SETTLED before what was already int he description.

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sounds familiar but before when i tried to select a option it just said on the lines of you need to give halifax 14 days to respond..yesterday though this had changed from start to continue and when i clicked on it thats when i got The defendant admits that all the money is owed option now

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another weird thing just received a letter this morning from Northampton courts with a acknowledgment from halifax attached and the the box is ticked to say intend to defend all the claim...

 

In that case then I would assume you have selected the option on Moneyclaim which says "Judgement by admission" and that is why you have got the screen which you now see.

 

Is that what you did?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Was under the judgment heading, the link under that heading changed from start which it had been to continue, then when i clicked on continue it said that the defendant admits that all the money is owed. Then i went for the option which said that i had not been advised of the payment.

 

Can anyone shed some light on this, dont want to have ruined my chances by buggering things up online...

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Read my previous post - before the status changed to continue, had you clicked on "Judgement by admission"?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You would have had 2 options - 1 would have said judgement by default, the other would have said judgement by admission.

 

You clicked judgement by default, it said you can't do this until 14 days have passed.

 

Did you then click judgement by admission (the second option)?

 

Surely you must remember what you clicked?

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I think you should try and phone MCOL asap and see what they say. It wdn't be the 1st time they made a mistake. So far, they have once withdrawn one of my claims(!), and on one of my current ones, it shows defence was entered 5th June, and I only filed claim on the 7th!!!!

 

Theit helpline people are usually very good, I think you need to get this clarified by them. Please let us know what they said!

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Just spoke to MCOL helpline, seems i have prematurely hit the judgement button (story of my life really), this does not affect the claim at all, halifax have until 8th Aug to submit a defence now. the only thing different i will have to do is submit a manual judgement.

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5342 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

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