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By BankFodder · Posted
That's fine. Just to add to my site team colleague's comment above, you say that it's her ticket and nothing to do with you – but if she is the kind of person who is not Internet savvy et cetera then maybe if it goes as far as a letter of claim or even a claim, she may get quite frightened. -
Found it on underside of letter from Vanquis, same dates so a typo twice? 20210127_122016 (1).pdf -
By BankFodder · Posted
Thank you – in the drafts which you initially posted earlier on in this thread, you didn't refer to the fact that you were selling your items by way of a business. In this final letter of claim which you have sent off without checking it out with us, you have suddenly announced that you were operating as a business. The only problem with this is that if Hermes decides to to get funny about it, because you are suing as a business, they have a basis for arguing that any hearing – if there is a face-to-face hearing – should be held at their local court and not yours. It's unlikely to go to a hearing – and even if it does, it's unlikely to be a face-to-face hearing so even if the case is transferred to the local court, it won't be a problem for you because you won't have to travel. However, you decided to disclose the fact that you are trading as a business and so you put the situation at risk. We wouldn't have suggested that you lie about it – but we would have suggested that it might have been better not being mentioned. I strongly suggest that if you decide to take advice here, that you let us go through it with you and so you then don't go off and do it alone. You've given them 14 days – and on day 15 you should issue the claim. It is extremely unlikely that they will respond to you in a positive way – or at all. You should spend the next 14 days reading up on this website about the Hermes stories and in particular about bringing a small claim in the County Court. This time, please do read the material. It's important. Register on the moneyclaim website and start preparing your claim. You will be able to save your work as you go. Prepare a draft particulars of claim and I strongly encourage you to post it up here so that we can have a look and make recommendations – rather than clicking it off on your own. Keep us updated as to whether or not there is any response from Hermes, but in any event, let us know your progress on the preparation of your claim – having read up on the subject first -
DX. I have no wish to disagree, but, on this particular point, the renewal documents are clear and the DD mandate is continuous until cancelled by either party. It is not necessary to 'sign' a new one each year. H -
Well was on the assumption that they may have kept adding interest and no monthly payment due dx
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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!
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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
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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-
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