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Everything posted by BankFodder

  1. Sorry but I don't know how to explain to you better. You had a decorator to do certain work. He did the work badly. You have a list of all the things that were done badly. Have you had an independent opinion on every item on that list corroborating that it was done badly, what steps are needed to put it right and how much it is going to cost?
  2. Anything. I'm asking you if you have all the quotes you need to address all the problems – whether they are one job, two jobs or 10 jobs. Do you have all the independent assessments you need and all the quotes for the work so that we can continue. As I see that you have booked a plasterer who is coming along to give you another quote, I take it that you don't yet have all the quotes that you need
  3. Okay, I understand that there is another assessment outstanding – is this correct? I've only read it very briefly but there doesn't seem to be any quote for remedying the problem
  4. Well done. Thanks very much indeed for updating us. I hope we have been of help
  5. Well maybe as he has made a small gesture, you should treat you should treat the day he received the letter as day one
  6. As you have sent a letter of claim giving him 14 days, you must stick by your deadline. Otherwise there is no point. You simply lose credibility. How did he you pay the £250? If it was by cheque then you should bank immediately and make sure it goes through.
  7. In terms of trying to reschedule the appointment. Keep a log of every time you phone them and how long you hang on for. Write them a letter and tell them that you have tried to reschedule and list out the times that you have cold and the amount of time you have been waiting. It is important to have a paper trail and evidence that you have made your effort and that the problem is their end
  8. I'm afraid that we've had so many stories on the forum that I am unable to keep track. I expect that we have but I'm afraid you would have to find them. It may well be that Hermes are more malleable – I'm really not sure – but please don't be downhearted. Although there is an unwelcome delay, your chances are just as good as they might have been with Hermes. You aren't looking for them to do you a favour here. You're simply looking to establish your rights. Get into the mindset that they are acting unjustly and against the law and that you are entitled to have your money back. Get into that mindset and get angry about it.
  9. I'm sorry it didn't work out as we expected – but it is not the end of it. I'm afraid that you will not have to wait to the hearing date and put your case there. However, in the very few cases which apparently have gone to hearing, we never hear back from the claimant and our impression is that the courier company reaches out to the claimant and tries to settle privately and in confidence. That may well be what will happen here although I can't guarantee it. Don't forget we are here to support you and if you do get some message from them saying that they would like to speak to in confidence then I would suggest that you contact me in confidence on our admin email address and then we can help you off the forum to settle this matter. It is inconceivable that they would want to go to court to have their insurance scheme tested in this way. I'm still very optimistic that it will settle outside court – but if not then I'm extremely optimistic that you will win. By the way, I forgot to say – well done on standing your ground. I know means that you didn't get a result at the moment – but you stood your ground and you showed them that you are going to be pushed around. Excellent
  10. Don't forget, that you don't want them to dismantle it, or disturb its present condition or to try to fix it. All you want is someone or more than one person to give an opinion as to whether there is any evidence of pressure on the screen. If anybody interferes with the phone then you weaken your case because you introduce another element which could be construed as breaking the chain of causation
  11. This is not the time to start writing to Vodafone. You can be hundred percent certain that they will be defensive and they will deny and they will say that this is the condition in which the telephone arrived. Because of the lack of photographs, it is your word against theirs. The only time that they will start to take notice is when you start to get formal with them. We will get to that. In the meantime, don't remove the cellophane or anything else will do anything to change the condition of the phone – don't clean it. And make sure it is thoroughly documented as I have suggested above.
  12. Read this thread To understand why you should not use county court bailiffs whenever possible but you should transfer up. This is a story of somebody who we are helping and who was in an excellent position and then they decided to go it alone and instruct bailiffs instead of the sheriffs. Enjoy.
  13. Well it's up to you. It's your money to win or to lose – but when we start getting stuck in and helping you, we get invested in our time and effort. We normally expect a return in the form of reciprocal time and effort. We have our busy lives as well
  14. It's exactly the same story. Exactly the same principle. Exactly the same arguments. We don't know whether they are more bullish than Hermes – but you should approach it in exactly the same way.
  15. Okay. This is not enforcement. This is simply the judgement. I think we were all worried that you were going to simply instruct county court bailiffs which would be a big mistake. You must have the judgement transferred up to the High Court for enforcement for High Court enforcement officers. It costs you about £70 for the transfer up fee and this will be reimbursed by the defendants. All fees enforcement will be borne by the defendants. You need to find a High Court enforcement website – they are all private companies – and have a look at the transfer up services that they offer. One thing to make sure is that in the event of a failure of enforcement, that you will not have to pay any fee. This is the normal nowadays – but you should doublecheck it. Have a look at this list of High Court Enforcement Officers Find a Member WWW.HCEOA.ORG.UK Do you need advice on recovering a debt? Instruct a High Court Enforcement Officer with High Court Enforcement Officer Association. Check their websites carefully and if necessary phone them and discuss and the most important thing is that if there is a failure of enforcement, you will not pay the fee. Start doing the research on this. It's very fast and this is the only very effective way of enforcement. We are not making any recommendations or referrals here. We don't know any of these people and we don't get any commissions or anything.
  16. Well you should name the installer. There's obviously no disadvantage to you and it may spark off memories in the minds of other people who have had panels fitted by the same installers elsewhere in the country. If you keep the name secret, then the only people this benefits is the installer.
  17. I think it's about time you started doing all the reading. Everything that has happened was completely predictable and it's a shame that you're not ready to go now. Do the reading, understand the arguments, understand the way forward and the next step and then come back here and we will get going
  18. Okay so I see that the principal issue is about insurance. In that case read the threads very carefully about what we have to say about the insurance requirement and how unfair it is that you should be required to protect Hermes against their own negligence or the criminality of their employees. Point out that this was a laptop computer and you are well aware that instances of laptop computers disappearing are pretty common with Hermes and that the likelihood is that it was stolen. You will not be responsible for the criminality of their employees. It is for Hermes either to review their employment policies or to insure themselves. If you read up on the pinned topics you will find that have set out a nine or 10 point explanation of why their insurance requirement is unfair. You can tell the mediator that you will be inviting the judge to exercise his or her duty under the consumer rights act to examine the entirety of the Hermes contract and to decide whether the terms are fair or unfair. You can also point out to the mediator that if the judge finds against them that it will put a coach and horses through their entire rip-off insurance scheme and that not only will they not be able to depend upon in future but they will also have to go back and compensate all the people who have accepted their position and have not understood that the insurance is unfair. Point out the mediator as well that once you get a judgement in your favour as you surely will – that this will impact the whole of the courier industry – and Hermes will be even more despised by the competitors than they already are. In terms of your flexibility – tell the mediator that if Hermes does the sensible thing and pays you out then it won't go to court, they won't get a judgement against them, and they will be up to carry on with their rip-off insurance policy as usual and deprive other more innocent and less well-informed people of the compensation to which they are entitled. Tell the mediator that that is the benefit to Hermes and that you won't back down – not even a penny. Read the mediation stories on this forum. You will find that Hermes will probably come to you with their £100 expiration payment. When you refuse that, they will come back to you with a further offer and they will try to avoid paying the cost of the action. Tell the mediator that it is Hermes which had forced this action to occur and therefore you are not going to pay. If Hermes comes back and says right okay they are going to court – then don't worry. Go to court. We will help you – although they will probably settle before court anyway. Stand your ground. It's a reasonable amount of cash but it's not a massive amount so I would suggest simply just go for it.
  19. It's been sometime since we had from you. Could you just bullet point itemise the salient points in their defence. In terms of the requirement for flexibility – we always suggest that you stand your ground. You can make it clear to the mediator that the advantage them is that they avoid getting a judgement and incurring additional costs. But maybe you can just give us a quick resume of what has happened – and I mean Quick. By the way how long ago were you given this appointment?
  20. Okay I think that you should write this up very carefully – a bullet pointed description of everything you have found supported by a photograph of each point of concern. The next thing we have to do is we have to get a quote from some independent source for repair or replacement. Two independent quotes would be useful. Some people might want a fee for this but on the other hand they are so hungry for sales, that they may well give you something in writing free of charge in the hope that you will come back to them. After that I think that we will have to go for Vodafone that the telephone they returned was not in the condition it was when it was sent and that we believe that they have caused additional damage. We shall then have to offer them options to replace it or to repair. Let's see how it goes. Your son is 15 years old. Does he take an interest in this kind of thing because it could be a useful lifeskills lesson for him.
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