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    • Thank you for your response.   No, I have not paid for any additional insurance.   What I have done until now is to raise a loss claim with Packlink. They have confirmed “the shipment as subject to tampering” and I got a refund of 25 GBP plus 2.89 GBP for the postage charge, which I’m waiting to receive.   So based on your suggestions I assume I will need to raise a formal complaint with Hermes now and update you once I get a response. I have already started educating myself on the matter while waiting for a reply but I certainly have a long way to go. I am wondering how it is still possible for Hermes to be operating in the UK having created similar issues to so many people. I would have never thought items go missing like this.
    • I hope you mean I try to help people stand up to bullying - and not do the bullying!   I'll assume it's a compliment!     Well - that sort of demonstrates that you've not understood my point and (perhaps?) haven't actually read the OP?   My point is that it is not the boyfriend (the supposed "owner" of the car park) who is posting, but his girlfriend who believes that he "owns" his car parking space.  Yes - it usually makes sense to believe that what the OP is posting is the truth, but in this case there is every reason to believe that there is a possibility that the OP might be mistaken about her boyfriend's ownership of the parking space, because...  well, how would she know for sure whether he does or not?  He might be boasting or lying or simply mistaken.  (My understanding is that many people who "own" flats are often under the mistaken apprehension that they "own" a parking space when they don't.  All the more reason then that somebody else other than the "owner" might be even more mistaken).   I suppose what I'm getting at is that I was a bit surprised that both you and dx100uk were able to give such definite and certain answers to the OP without exploring her situation a bit more fully and ensuring that she fully and correctly understood her boyfriend's rights in respect of the parking space in question.  I was simply concerned that without getting more information from the OP, then the replies given to her might prove to be less than useful.  I wouldn't want her to leave thinking that there was absolutely nothing to worry about and then find out there was because she'd been misadvised because she didn't understand whether her BF "owned" the space or not.   Of course, it may be that my concern here makes absolutely no difference to the answer that needs to be given to the OP because it doesn't matter whether her boyfriend actually "owns" the parking space or not, which is fine.  But sometimes I think it would be helpful to the OP (and other readers like myself) if some of these legal niceties could be spelled out rather than left unexplained.    
    • I've spoken to my son in law and because the gearbox can be very expensive to repair, he would prefer to reject the car.   The garage isn't going to charge storage at the moment.   I feel they have been mislead regarding the service history.   How difficult would it be to get the finance company on our side in rejecting the car and sending back to the dealer?
    • The first thing to say is that you better go ahead and refund the buyer because otherwise she will end up getting negative feedback as well. We will try and help you get your money back from Hermes. Have you made a formal claim through Hermes and have they formally declined you and giving you reasons why? Presumably the item was properly declared and properly valued when the delivery was booked. You don't say whether or not you took out their so-called insurance. Please start off by reading around the sub- forum focusing particularly on the Hermes threats. There are lots of them. Get to understand the principles in respect of the arguments – the insurance element, your third party rights despite the fact that you booked it through Packlink. Have a look at other people's experiences of having sued Hermes, the process of issuing the claim, the defence, the mediation and have a close look at the advice that we give about how to handle mediation. It's highly likely that you will have to issue claim papers so also read around to understand the steps you need to take to bring a small claim in the County Court. It's straightforward but understanding the steps will make you far more confident about what you are doing. Have you started a formal complaint against Hermes and Packlink?
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Yes, almost certainly you need to report them to the OFT.. they will not get involved in individual cases, but they do keep a record of complaints made which are then used when a company reapplies for its licence.

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Yes, almost certainly you need to report them to the OFT.. they will not get involved in individual cases, but they do keep a record of complaints made which are then used when a company reapplies for its licence.

 

Well I will definitely report them, they won't be bullying me that's for sure ;)

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It is well worth reporting them, they like to take liberties and the more reports the so called regulatory authorities get the better.

 

Try to stay off the phone with them, I know it is tempting to wind them up but it doesn't really help much.

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It is well worth reporting them, they like to take liberties and the more reports the so called regulatory authorities get the better.

 

Try to stay off the phone with them, I know it is tempting to wind them up but it doesn't really help much.

 

I know, I just lost it, had bad news and their letter was the straw etc... I will report them for sure, should have done it earlier this year! Thanks for replying x :)

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It might also be Harassment which is a criminal offense.

Best one of the more senior members think that one over for you and give a better answer.

 

If feels like it.... still nothing from them in the post after our conversation. hmmm

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They most likely to use 2nd class post so don't fret, at present I would say this has not reached harassment level but is getting close.

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They most likely to use 2nd class post so don't fret, at present I would say this has not reached harassment level but is getting close.

 

Thanks... yeah they took about 2 weeks to get back to me earlier in the year when I told them it was Statute barred. I've still got all copies and proof of postage / signed for copies etc. I shall wait and see what happens next.. ;)

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OK, got another letter today saying "Where have we gone wrong?" and they could offer a discount, but if I ignore then they will take "further action"... no mention of courts in this letter.... They are getting on my nerves now! :-x

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Write back to the compliance Manager saying

 

Dear Sir or Madam,

 

I have received your letter dated xx xx xxxx asking how Robinson Way have failed in dealing with this allged debt, I would think it is quite palin to anyone who has read my previous letters : PLEASE NOTE THIS ALLGED DEBT IS STATUTE BARRED AND I WILL NOT BE MAKING ANY PAYMENT OR OFFER OF PAYMENT.

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Write back to the compliance Manager saying

 

Dear Sir or Madam,

 

I have received your letter dated xx xx xxxx asking how Robinson Way have failed in dealing with this allged debt, I would think it is quite palin to anyone who has read my previous letters : PLEASE NOTE THIS ALLGED DEBT IS STATUTE BARRED AND I WILL NOT BE MAKING ANY PAYMENT OR OFFER OF PAYMENT.

Final Response.

 

Thanks... would I be best sending it "signed for", so they can't claim they never received it?

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Thanks... would I be best sending it "signed for", so they can't claim they never received it?

yes so it there on Monday for them.

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This is where you reply using their headings

 

WHERE HAVE WE GONE WRONG

 

You have not stopped your harrassment of myself, so a full report is going to the relevant authorities.

 

This alleged debt is statute barred, if you do not know the legal meaning of statute barring I suggest you ask a qualified legal representative.

 

For clarification, on my part this means I am not going to make any payment for this alleged debt now or in the future and you must stop harrassing me.

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LETTER BEFORE ACTION

 

Dear Sir / Madam

 

I am in receipt of your recent letter entitled 'WHERE HAVE WE GONE WRONG'

 

I will state for the record

 

I will not be making any kind of payment towards a debt that is statute barred, you claim to have received 'payments' that imply that the alleged debt is NOT statute barred. If you feel your case has any kind of merit then you will have no hesitation informing me just how these payments were made, the dates and times and what method of payment was made and where. I have previously told you my situation by recorded delivery mail.

 

Your letter is headed "WHERE HAVE WE GONE WRONG" I will categorically state that this is the question you will be asking yourselves after:

 

a) A harrassment case in court

 

b) When the Office Of Fair Trading see that you are clearly in breach of not only their guidelines, but also your 'governing body' (The CSA), and more seriously the Consumer Protection From Unfair Trading Regulations 2008, You will be asking the same question when you have 'requirements' imposed on you or a fine.

 

After the date on this letter above, if I have to continue to write to you then I will charge you £20 per letter. Also if it is your intention to issue a court claim, then it will be defended most vehemently, and when the issue of costs arises I will have no hesitation in showing this letter and previous correspondence to the judge.

 

I would also quote to you the well known case of Arkell vs Pressdram.

 

I trust this makes my position completely clear.

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

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PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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