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Hi defence has been submitted. Will keep you posted.
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By Manxman in exile · Posted
Do as Emmzi says. And if your friend has actual evidence that they worked hours for which they were never paid by their employer, then they have up to six years to claim/sue for the unpaid amount. It would be a court matter, not an Employment Tribunal matter. I suspect your friend's main stumbling block will be providing evidence that they actually worked but weren't paid. (Part of that problem might be persuading the employer or a court that your friend wasn't "volunteering" (your words) to cover others' breaks and to do stocktaking etc out of the ggodness of their heart and knew they were not going to get paid. I mean - why else would you work hours that you knew you weren't going to get paid for except voluntarily?) Moral - If you know your boss can't pay you, don't do the work. -
By BankFodder · Posted
I think that it will be better to stick to procedures for the moment. You will have to put your defence in anyway as you wouldn't be able to be sure that they will withdraw the claim -- even if they tell you they will. Send an SAR is not a load of hassle. It is easy and there is no downside and as they appear not even to be registered. you score points at no cost or risk to yourself -
By hyperseven · Posted
Hope this is the correct section. My dad had to have his batteries replaced on his mobility scooter so he took it to the place he bought it from. Batteries changed and they fitted them but I discovered he had been charge VAT when it should be exempt. (approx £20). Emailed the head office and got this reply. He does have account as aforementioned he bought it from their and signed a VAT relief form on purchase so should be on record. Even if he did not have the above he was not offered to fill in another form. It was fitted by them to a mobility product. They have since stopped responding to my emails. -
Sorry - I don't understand what you mean by snotty letter ??
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
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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