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Never heard of that....a mediator cant impose that ...nor the defendant unless it was mutually agreed between both parties. -
Okay ..before you can sue them you need to look and comply with pre action protocol before proceeding with litigation. This will involve sending them a Letter before claim laying out your grievance and what you require as a refund and set them a deadline to which you expect a response and a last chance to settle this matter. Have a read of the following. https://www.justice.gov.uk/courts/procedure-rules/civil/pdf/protocols/debt-pap.pdf
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January 2020 - Paid a deposit of £1K and signed contract for wedding which was scheduled to be July 2020 March 2020 - They asked me to pay another £2K despite me emailing them my concern about the wedding not going ahead but they threatened me that I would be in breach of their contract. So I had to pay. May 2020 we received an email from them telling us we can either rebook or face cancellation charges as per contract - these are 50% of total venue hire if cancelled within 9 months or 95% of total venue hire if cancelled within 6 months. the total venue hire cost was £6700. Under pressure, I chose to rebook because I did not want to lose 95% and they did not give me an option of a refund. They gave me very specific restrictions in which I could rebook the new date e.g in peak season between April 2021 to October 2021 and only on a sunday. Additionally they increased the price to book for the year 2021 by £200 bringing the total cost to £6900 June 2020 they send me a variation agreement for the change of date which they forced me to sign otherwise I would lose the new date I had agreed which was July 2021. November 2020 I sent an email that I should be offered a refund as opposed to reschedule. They declined and I sent a solicitor letter giving them 7 days to return the money. They then responded with another solicitor letter refusing and told me that I owe them another 2k as part of the next instalment otherwise I would be in breach of their contract I wrote back to the solicitor that I was seeking legal advice but I have made it clear that I can no longer go ahead with wedding and do not owe further payments. I should add that when I stated that my contract was frustrated they told me I only made a room hire and this does not include number of guests despite it stating on their contract "up to 500 guests". I wanted to claim back the 3K that I have given them and I am also afraid they will ask for more money as they will claim I am in breach of their contract. -
By BankFodder · Posted
If it happens – then it will happen at the mediation negotiation where personal they will try to knock you down to reduce the value of the claim. They will try to withhold your court expenses and at the end they will try to say that they will pay the money on condition that you agree not to say anything about the mediation process that you have been through. It's up to you whether you want to stand your ground and tell them no on all counts and that you will go to court – or if you want to compromise either on the gagging agreement or even on the amount of money that you are seeking. I think they have no grounds for forcing you to do anything. I think your position is very comfortable
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
- 31 replies
Picked By
waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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