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    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
    • you are not being consistent here....   when did you last reply to any of them using email please
    • No, they contacted me in April 2020 not long after covid had hit the UK, but before any government support was announced.   They knew I was self-employed so I responded how I thought it was disgusting that they were threatening people with legal action at a time when many people like me were loosing their income and struggling to pay basic bills and buy food.    Looking back at it the only difference this time is the Letter Before Action, to ramp up the pressure to agree to payments, I assume.
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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

Online Browsergame issue


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Ok.. I am a player of an online browser game called Travian..

 

I dont know where to turn regarding this issue as it is a rather interesting one..

 

First i suppose i had better start by giving some background issue...

 

When you join the game you are prompted to read the Rules, and ToU, and accept them (small checkbox like you get on most consumer sites). These rules are listed below

 

Rules are at: Travian - Browser Game - Romans, Gauls, & Teutons

ToU is at: Travian - Browser Game - Romans, Gauls, & Teutons

 

Also, there is the ability to buy "premium services" within the game which allow you to have small advantages over people without (ability to queue items, increased production etc) which i purchased for the small price that they are offered.. (through paypal) and still ahve some services remaining on that..

 

 

now the problem.. i have just been banned for an action that has no reference anywhere in the rules.. but has been discussed on the forums (which are mutually exclusive to the game itself and not a requirement or indeed advertised) but has not yet, and for the duration of the playtime at all, been advertised via the tools that they have to advertise in game (splash screen as you log on, needing action before you can access the game, small links placed within the normal default game screen etc). simply this involved sending 1 single troop to a player who is in a "friendly" alliance, (one that is allied to us)..

 

Now.. if you look at rule 2.2.1 there is a limit to the amount of resource you can send to another player. but with attacks you can "steal" resource. and this is illegal if it is between friendly players (enemies are fair game) however.. 1 unit will never put me over this limit, neither in fact have i actually received any resource from said player whome i attacked..

 

 

So basically they have banned me citing a "rule violation" for something which isnt in the rules, and has not been explicitly announced to the general player base of the game in any official form.. (other than a "discussion" on the forums)

I like this site because of the following:

 

Halifax: Settled in full (£898.00 out of court)

Abbey: Various charges refunded totalling approx £600.00

Homebase: Consumer issue sorted - found all info here before even asking.

Travian games: in progress (started 22-09-07)

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If you have agreed to a service, you agree to their terms and conditions. If they are imposing a condition on you that was not agreed to at the start (or notified to you during the contract) then they are in breach of that contract. You should be able to claim for a pro-rata refund.

At least I dont think I would bother trying to argue the toss with them for the rest of it anyway.

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If you have agreed to a service, you agree to their terms and conditions. If they are imposing a condition on you that was not agreed to at the start (or notified to you during the contract) then they are in breach of that contract. You should be able to claim for a pro-rata refund.

At least I dont think I would bother trying to argue the toss with them for the rest of it anyway.

 

i am not interested in the money.. its like £5 p/m anyhow.. but i have been hearing lots and lots of reports of similar cases

 

people doing things, not explicitly outlawed in the rules and being banned/punished for it.. hence i am asking what i can do..

 

"travian" are of the idea that "we own the game we can do what we like anytime without telling you".

I like this site because of the following:

 

Halifax: Settled in full (£898.00 out of court)

Abbey: Various charges refunded totalling approx £600.00

Homebase: Consumer issue sorted - found all info here before even asking.

Travian games: in progress (started 22-09-07)

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  • 2 weeks later...

Any more updates on this?

 

They are imposing more unwritten, undisclosed rules on people, and changing the existing rules as they see fit..

I like this site because of the following:

 

Halifax: Settled in full (£898.00 out of court)

Abbey: Various charges refunded totalling approx £600.00

Homebase: Consumer issue sorted - found all info here before even asking.

Travian games: in progress (started 22-09-07)

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I would be inclined to find another on-line game resource.

If enough players do this then their game will soon go down the pan.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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