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    • You made  number of errors:   You didn't take pictures You used Hermes You relied on faith (Bless!)   Yes, you will have to issue legal proceedings. Post up your proposed letter of claim here before you send it off.  Don't expect it to have any effect.  You will have to issue the papers.   Normally Hermes would then force you at least to go to mediation and would then settle for what they think they can get away with in order to avoid court action.   Hermes don't want judgments against them where those judgments would expose their unfair treatment of customers - such as insisting on insurance to cover their own negligence, or relying on a prohibited items list to evade liability for loss.   However, in your case, the issue is not one of insurance or prohibited items.  The question is merely whether the items were adequately packed and so on this issue they could afford the risk of going to court and losing because nothing would undermine their way of doing business. I am telling you this because it means that Hermes might be slightly more determined than usual to to face a judge even though the dispute is over a small sum.   Read around some of the Hermes threads to see how it normally goes - but as I suggested, most of them will not be relevant to you.   I don't see any purpose in sending an SAR in this case but please do tell us if you disagree.   Once you send the letter of claim, you must carry out your threat to begin the claim on day 15. Register on the Moneyclaim website and start getting the claim ready.  Let us see the draft POC before you click it off          
    • How much do you owe in arrears on the mortgage including interest ?   Why don't you look into challenging possession, offering a lump sum, plus regular monthly amounts covering both normal mortgage repayment and an amount towards arrears ?  Obtain legal advice about this.  Can Shelter Housing charity assist you ?   Seems to me that if you are looking at a return of ownership, then you need to think how financially this will be achieved.  
    • Dear Forum Members - I am seeking help with a case I have started against a national courier who systematically confiscated several parcels which were on-line purchases from high-street retailers.  I argued that since the courier intentionally collected the parcels from the retailers, then sent me text and e-mail updates advising of the imminent delivery of the parcels, there was an 'implied contract' which was breached each time a parcel was not delivered.  In their defence received yesterday, the courier argue that there was no such 'implied contract'.  Of the 11 parcels involved, they have only managed to track two which they confirm are assumed lost.   (i) I have kept a comprehensive record of the chronology of events; (ii) there is copious e-mail correspondence which corroborate my chronology including complaints which I filed; (iii) the courier failed to respond to a 'Subject Access Request'; (iv) the courier failed to respond to the 'Letter before Action'.   My damages comprise time lost from taking time off to wait for the parcels in 2019 (the value of the parcels was refunded by the retailers). But for the fact that the courier promised specific delivery time slot, I would have not taken time off work to wait for the parcels and wold have saved myself leave days.  This was compounded by the fact that the courier's conduct was 'systematic' and apparently 'malicious' for what ever reason.   I would welcome comments, ideas, steer and any other notions which might guide me please.  Attached are my 'Particulars of Claim' and the recently received defence. I look forward to hearing from you. With thanks & best wishes. Maketa   Attached file:   img20201031_15563304.pdf
    • Hello - I have an existing dispute with an independent trader who did  undertook work in my house. After months of poor workmanship, incorrect installations / solutions, needing to get a separate heating engineer to sort out a problem with the boiler, I asked him to review his initial quote - taking into account the catalogue of errors. He comes back with an increased quote.  Needless to say, I realised this relationship was untenable so offered him two options  1) to rectify the quote and make good the works to a satisfactory conclusion or 2) accept a full and final settlement to relinquish both of us from the original agreement (and i will find someone else to complete the work to a more reputable standard.) He agreed to option 2 and I have now paid him the settlement amount.   He is now he is saying i have to pay him the additional VAT on the settlement agreement (amounts to about £250.)  Legal advice has indicated that as a consumer my settlement agreement was inclusive of VAT.   QUESTION -  if he took me to small claims, what are the chances of him winning (I have evidence (photo and otherwise) of all of the mistakes / delays / cowboy behaviour) and would it be worth it for him, for £250?.  I also have it in writing that he agreed to the F&F settlement and at no point did he mention VAT.   Thanks!
    • Particulars?  I don’t have a copy of the initial form I submitted to court I am afraid,  although it was very brief, stating when and where purchased, the price £250. that I would like a refund of the amount paid,  that as previously stated in the letter, I wasn’t happy with the product and I didn’t feel it was fit for purpose,  that the wires melted and nearly caught fire   i am sorry if this isn’t the correct information, this is why I need help! i do not understand how court works and what is involved  many thanks Ellen 
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Consumer Credit Agreements


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Hi guys

 

Just a quick one!

 

With regards to requesting copies of the original agreement. If the creditor fails to respond does it make them legally unable to chase any debt unless they produce a true signed copy of the original agreement?

 

Thanks

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Blackhorse Car Finance Court Claim - Won

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omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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  • 1 year later...

can someone please help me urgently... i have signed a fixed sum credit agreement...i have also signed a bill of sale and pre contract...i have seen on various occasions that if it is not easily legible then it cannot be enforced...my documents are so small that my computer font size at its smallest (8) is still larger than my contracts...due in court tomorrow lol.

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