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    • I understand that the most recent promise was that the car would be delivered to you yesterday. Please could you bring us up to date. Did you receive the car? If so, is the car okay?  
    • On a side note – I think that if they didn't collect the items from you within the next seven days, then particularly given their size and weight – about 26 kg each – I would put Amazon on notice that I was going to be charging them storage. I think £5 per day is probably not unreasonable – although don't expect Amazon to be happy about it.
    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
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    • 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
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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
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Birmingham Midshires eviction cancelled now reclaiming!!


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inspired by Tonycee success, I am planning to re claim charges back from BM.

 

I am still with BM and paying mortgage regularly now after back on full time employment. also pay extra 200-300 every month towards arrears which i guess stands at 1500.

 

instead of asking in other threads i decided to open a new one here.

 

my rough estimates about charges are it will be around 2500-3000 consisting different amounts 30 35, 40, 50 and sometime 100 at various point of time cost of letters sent to me.

 

given the scenario, could you please all guide me through. ie the steps i should follow?

 

thanks

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Hi libra...Im flattered and hope we can help you too.

 

But i couldnt have done it without the WHOLE team...

 

Firstly, exactly what stage are you at ?.

 

Do you have details of all the charges applied to your account?.

 

This is very important.

 

If not, i would ask Birm Mid to supply you with a detailed breakdown.

 

I started with a S.A.R - (Subject Access Request), and they gave me the run around for ages, when i eventually asked for a breakdown of charges, they replied, why didnt you say that in the first place ?

 

We are right behind you.

 

Good Luck.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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  • 2 weeks later...

I found them to be very professional.

 

I cant answer on how they would respond if you fall into arrears.

 

I honestly dont know.

 

My claim is HERE if it helps at all.

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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  • 1 year later...

I had a court claim hearding date on 4th march, 2009.

 

As I was going away from the country during this date, I applied for adjuourment for the hearing on 28/01/2009 well before the date of hearing.

 

I got the confirmation letter from court, that hearing will be adjourned to 15 April.

 

but due to admin error by the court staff. The Hearing took place in my absence on the original hearing date of 4th march anyway.

 

Judge made suspended possession order and increased the installment by 50.

 

when i came back, i went to hearing on the adjourned date of April 15.

this is when judge and staff realised they have admin error. claiment wastn present on the day.

I asked the judge to amed to order to change the date of installment only and was agree to 50 pound increase in installment.

 

 

but for the second hearing, i never received the judgement and havent paid any installment.

 

but based on the first hearing and order, claiment applied for eviction is due next week. I made one higher installment for the last month already.

 

Now I want to apply for judgement to set aside or suspend. but curious

 

shall i base my reason on the admin error of court ? or i can make this on the basis of have child living at the property.?

 

and shall i apply to set the judgement aside? or only for stop the eviction and suspend this?

 

 

 

I called court yesterday, they have only one hearing on record the first one that I wasnt present!. She said she will send me the copy of the order, i again didnt receive it after waiting of 2 days.

 

 

a very fast reply will help.

 

the arears i have on this secured loan is 1000 only my house value is around 260-70K , the total loan is 5000.

 

thanks please advise urgently.:?:

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your thread is one of those badly written and confusing thread. firsr tell us why you were taken to court. then tell the rest of story.

 

however go to court and obtain copy of the order and then apply to set the judgement aside. also try to refinance your loan. you pay off the existing loan by borrowing a loan (no longer court order against you) from another, that gives you some breathing space for a while.

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I would think the courts error would be good grounds for set aside, then you can tackle the agreement to see if it can be enforced or not. IE youre going to CCA/ SAR the original lender to see if theyve added any charges or fees etc. Have you got the letters stating you were leaving the country etc. Keep em safe, you'll need them to convince the court to set aside.

I'm not sure why SAD 443 has suggested you refinance, because it'll cost you more in payments due to higher interest if your credit file is trashed. So IMHO thats not an option at this stage.

Please wait until you get a bit more advice. If its urgent, just click on the little red triangle and ask for a mod to assist.

Good luck

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  • 4 years later...

I had fallen behind on mortgage 4 years ago when my employer went into administration, BM taken possession order and tried to evict me, arrears were fully cleared by DWP aafter processing MI12 form and I was employed soon after and paid promptly since.

 

But now those possession order came back to haunt me after once again falling behind for 4 months as I am looking for work. and they have now used the old possession order straight to send me eviction date on 10th march. DWP forget to send me MI12 form, after calling they have sent me the form and i have sent to BM for processing further.

 

In the mean time I have spoken to BM and they insisting on full arearrs payment to stop eviction. to my amaze, they werent accepting any payment even to reduce the arrears, after formal complaint they accepted 250 but didnt stop the eviction. previous efforts to pay reduced payment for few months were also rejected by them. arrears are not too much just under 1900.

 

my faults i forgot about this possession order and didnt apply to set aside after clearing back in 2010,

2nd fault didnt apply for JSA straight after recent unemployment and tried to avoid living on public funds until the last penny i had. that period would gone to 13 weeks requirement for MI12.

 

I am not sure what to do next, i certainly wish to keep house which I am living for last 10 years. I have two sons under 6, I am skilled and hardly out of work and getting interviews and cant wait to get back to work.

 

Please suggest what the best course of action. my income right now is child benefit, JSA and applied for tax credits.

 

Thanks

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Most of the advisors in this section have day jobs - so someone will be with you as soon as they can.

 

Would you be able to make the contractual payment along with something off the arrears ?

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Most of the advisors in this section have day jobs - so someone will be with you as soon as they can.

 

Would you be able to make the contractual payment along with something off the arrears ?

once on the job certainly can, but problem is I am not employed. I have interviews at final stages but no confirmation as yet.

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Hi there, you will have to put in an application to court on an N244 form to ask the judge to stop the eviction - we can help you with that. Do you have paperwork from the DWP to prove you have made the claim ? did you keep a copy of the form before sending to BM and did you send it to them by recorded delivery?

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Hi there, you will have to put in an application to court on an N244 form to ask the judge to stop the eviction - we can help you with that. Do you have paperwork from the DWP to prove you have made the claim ? did you keep a copy of the form before sending to BM and did you send it to them by recorded delivery?

 

Thanks, I have made copies before sending it to BM, also sent by recorded delivery. Please suggest me about N244 and what grounds i need to put it.

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Hi, have a read of my guide here http://www.consumeractiongroup.co.uk/forum/showthread.php?325527-CAG-guide-Are-you-facing-eviction-or-repossession there are examples of how to complete the N244 and statement to go with it (I can help you write the statement).

 

You can also download an N244 form in the second post of the guide thread. Do you have a printer at home?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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The DWP SMI interest rate has gone down in the last few years - so if your current mortgage interest rate is above 3.63%, then the SMI payment will not cover the interest portion of the mortgage.

 

If that is the case, then you will need to consider other options to meet the shortfall - asking for a payment holiday for example.

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luckily my mortgage rate is less than 3.00% so it will cover the payments , i am planning to go to court for hearing date on monday/tue but still not sure about the statement and about the income statement as it will hardly or very little have anything left to offer as payment based on JSA + child benefit. any advise will be apperciated

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Hi libra007

 

Please be patient as its the weekend it may be a bit slower but I am sure our caggers will be along to help.

 

I will see if I can get any further help for you so please be patient.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi, I can help you with a statement to go with the N244 but need a little more information:

 

Is the mortgage in joint names?

Are there any children living in the property?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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Hi, I can help you with a statement to go with the N244 but need a little more information:

 

Is the mortgage in joint names?

Are there any children living in the property?

 

Thanks

no its only in my name,

yes I have two children 4 and 6 years old living with me

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are you mr or mrs, or miss ? ( need to know how to refer to you in the statement :) )

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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