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    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
    • Nothing has been served since mediation. However when you read it it seems that they are to service it on me rather than prove the served it. There is also to time constraint on the order.    The court stated that the matter was never referred to a DJ, Lowell must have complained and had it referred, Portsmouth CC had the claim sitting around since last year 2020 somewhen, but I was confused as to what happened to it before.    I've uploaded it redacted.  IMG_8644.pdf
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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
      • 1 reply
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Is this legal?

 

We found a flat through this estate agent, met the landlord and agreed with him to just rent the place without going through the agency anymore because we get on well and neither party wants to waste money on a leeching middle man. He phoned them up and told them he's taking it off the market.

 

Meanwhile, I'm threatening to complain to the Ombudsman for Estate Agencies, of which they're a member, for not giving back my holding deposit. They're using the excuse that we didn't move in on the "predictable date". Emphasis on "predictable". Obviously for the return address of this recorded delivery letter I put the old address down to go and collect mail off old housemates.

 

Would be grateful for anyone who could tell me if this is all going to work!

 

Thanks

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No, it's not lawful and as much as anyone feels that agents don't do much for their money, both you and the landlord decided to use them, they've done their job and so it is pretty unfair to deprive them of their commission.

 

If you have another issue with them then that needs to be settled separately

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What the landlord does is no business of yours as far as I'm concerned. If the agent were to find out, he'd be the one to lose out, not you.

 

Personally I would say to the Landlord - "Look old chap, because of what we did the agent are keeping my holding deposit. It'd be awfully decent of you if you could refund me it out of the money you've saved on agency fees."

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