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    • great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021    Hermes just responded to my Letter of claim:    Hi Samson   Thank you for contacting Hermes with regards to tracking number xxxxxxxxx   Please direct all queries through to Packlink Shipping   Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them.   They have been made aware that the parcel is missing and a claim has been made.   I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support Kind regards Nickie ext 2549 Customer Service Advisor
    • A copy of your statement in objection would be helpful.
    • https://www.theguardian.com/world/2021/apr/13/boris-johnson-easing-lockdown-will-increase-covid-infections   seems Johnson is now spinning that the vaccination program ISN'T why the UK is able to come out of lockdown despite falling cases - which also aren't primarily as a result of the UK's vaccination program, despite Johnson banging on about the Uk's vaccination program for weeks ... It was the lockdown   Now that reality is approaching and he wants to over-write his horse-shot history again...   He now starting to state what was actually bloody obvious for ages .. while he was spinning moonsh*t   https://www.theguardian.com/world/2021/apr/13/surge-testing-may-not-be-enough-to-curb-covid-variants-in-uk-say-scientists
    • Topic moved to Residential and Commercial lettings/Freehold issues...please continue to post here.   Andy
    • Hi Just wondering if someone could offer any constructive advice, or maybe been in a similar situation regarding the following. Sorry for the long post but I want to be thorough. I live abroad and use a letting agent to fully manage a property. The current tenants moved in almost a year ago, after my having spent £3000 redecorating throughout and lightly refurbishing the property. My letting agent, who is an easy going, decent guy, finds the tenants very difficult. He claims he spends more time on these tenants than any other. The first thing they complained about on moving in was that the property needed to be fully redecorated(!), along with a list of 30 other repairs they felt needed doing.They break the patio doors, and then complain that there should be 3 hinges on the door not 2, and therefore want another hinge putting on. As much as I want to be a good landlord and provide a nice home for my tenants, their demands are becoming endless and tiring. I do when I can, accommodate most requests from them, such as for example, them changing their rent due dates to make it easier for them. These are the first ever tenants I have had whereby the letting agent has suggested eviction even though they pay the rent and, by and large, look after the property lol! They obviously dislike the property so much, I am just hoping they leave when their contract ends in May, but as they have 6 cats, my letting agent tells me he doesn’t think they would ever find anywhere else to rent. What annoys him the most is the fact that when he calls on them to explain why some repairs they request are not necessary, they are pleasant and in full agreement, then he will arrive back at the office to find the ‘most disrespectful and insulting of emails’ from them as he refers to it, demanding the repair get done. Anyhow their latest complaint is condensation. The property has a piv fitted, which I was told was one of the best things you could install to assist with condensation. It also has trickle vents on the windows. Again my letting agent chats over the phone to them and visits the property to take a look. He confirms it’s condensation then advises them of the usual lifestyle actions they need to take, and he reports back to me that all is well and they are happy. He then gets notification that the tenants have reported the damp to the local council who will be paying a visit. The tenants are also unpleasantly demanding we get a damp report from a ‘damp specialist’, so we get a local company to go in and do a report. We told the tenants if the damp is down to them, then we will take the cost of the report from their deposit. The council see the damp report and are happy enough with the property and we tell them we will install additional vent bricks. The tenants were also given a copy of the report but have never responded to it. This was February. However I was really disappointed with the report. It’s amateur but that’s ok, but it starts off by saying the first issue is damp, but not at the stage that would concern the damp company, and treatment would wait until in between lettings, and is something just to monitor for now.....I’m not really sure what just damp means....rising, penetrating? Second issue was condensation and, a black mould, due to condensation. That’s all it says. The report notes the trickle vents at the property, but states with modern living these simply are not enough, and suggests installing a piv, but appreciates there is one already at the property that is clearly producing an airflow. The property is a dormer bungalow, and they have a concern about the positioning of the piv, as it’s situated in a small space due to the dormer room, and in their opinion not positioned correctly but notes there is no other option given the space. Apart from of course, buying 3x passive vapour vents from them at a cost of £204 each. They also claim the kitchen extractor fan is not working effectively as it should and the current filter should be renewed. So I asked my letting agent to confirm what the company mean by the first issue of just damp, and if he could put something in the report about condensation being a lifestyle problem, for the purposes of evidence for the claim from the deposit. My letting agent said he kept emailing the owner for clarity, but didn’t get a response until the owner starts chasing for his payment. My letting agent responds saying we have no problem paying the invoice if he could just clarify that the mould is down to the tenants usage, and the reason we ask for this is because the tenants have been very aggressive demanding the report and that we were seeking to claim some of the report cost from the deposit, and his report forms that evidence. My letting agent even suggest an additional sentence to the owner of ‘the mould at the property is caused by the tenants activity’, given that this is what the owner stated was the problem when they spoke previously over the phone. Anyhow the contractor requests I contact him so the very same day. I email apologising for the delay in payment and saying more or less the same, that the cause of the condensation has to be spelled out to the deposit scheme, and it would be great if he could add that to the report. He never replied back. Now a month later, after neither myself or the letting agent hearing anything back, the owner is threatening legal action, saying I only got in touch with him because the letting agent chased me, and that he cannot say the mould is down to the tenants as if the piv and kitchen fan were working properly there would be no mould. He added that him saying it was down to the tenant would be negligent and against his professional judgement. Surely this is bunkum! Despite contradicting himself when he spoke verbally to my letting agent, the above statement would suggest the ‘not fully functioning piv‘ is the cause of the condensation, as opposed to the occupants not ventilating enough. My letting agent has given me a formal letter saying the owner verbally stated all condensation mould is down to the occupants, if I needed it for use in the claim. Sorry for the endlessly long post and ramble, but in your experience is the owner right, would he be negligent for mentioning the occupants. If a property has condensation what else can be the cause other than too much moisture being produced and not enough ventilation. I am not asking him to lie, just state the facts. Would I have any recourse? Thanks for any advice.
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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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    • 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
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ACS:Law copyright file sharing claims, Gallant Macmillan - and probably some others along the way...


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There's no need for personal insults - the site team are well aware of this thread, as you'll see from the beginning from their involvement, so any 'trolls' would (and have!) been dealt with effectively.

 

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Hi, I've just received my second letter from ACS Law stating my first response (letter of denial) was a standard response which can be downloaded from the internet and therefore reject my letter. They are still demanding the same £295 for downloading the song "Evacuate the dancefloor". Has anyone else recieved a second letter alsoany advice would be appreciated.

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ignore

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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as every other post here

 

ignore them

 

they have no legal powers

 

dx

 

Thank You DX for your advice and help but im still worried. You say ignore them completely and Wittzend says:

 

It is not a [problem], do not ignore it. Read the speculative invoicing handbook, and try to read through all the posts

 

Some sites say completely ignore and others say you should still respond to them (but if u respond they will hound you). Im still confused....

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well at the end of the day its your choice.

 

as with the private parking tickets, the retail lose prevention & this subject

 

there are very few people that are taken to court

 

many people, but not on this thread, appear to post with unhand reasons as my sig, to make money out of people.

 

nobody has gone to court on this acs:law issue....no-one will.

 

your choice.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank You DX for your advice and help but im still worried. You say ignore them completely and Wittzend says:

 

 

 

Some sites say completely ignore and others say you should still respond to them (but if u respond they will hound you). Im still confused....

Choice is yours. If you dont reply you run the risk of them applying for a default judgement against you,reply with a basic LOD as required by the pre-action protocol,then ignore any further correspondance. I know which route I'd take

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If you are not guilty, you reply to the first letter with LOD. It is best to use your own words or one of the templates you can find on this and other forums. But keep it simple and do NOT give out any other information. Any subsequent letter you can ignore.

witzend is correct

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Not the best advice to give out

 

To ignore allegations is good advice. You don't have to respond, it is not a court order. Personally I think sending a LOD is a waste of time.

 

The allegations cannot be proved against an individual, as it currently stands. There would have to be change in the law to make the owner of the IP address responsible for copyright infringements. You might have read the the government are looking at legislation allowing a log to be created of all internet connection activities. At some point, I can see the law being changed, to protect copyright owners. But until then, it is just a dodgy speculative invoicing process, which many say uses incorrect data.

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To ignore allegations is good advice. You don't have to respond, it is not a court order. Personally I think sending a LOD is a waste of time.

 

The allegations cannot be proved against an individual, as it currently stands. There would have to be change in the law to make the owner of the IP address responsible for copyright infringements. You might have read the the government are looking at legislation allowing a log to be created of all internet connection activities. At some point, I can see the law being changed, to protect copyright owners. But until then, it is just a dodgy speculative invoicing process, which many say uses incorrect data.

 

I suppose its all down to personal choice. Pre action protocol requires entering into dialogue.To not do so leaves you open to problems further down the line. I do not have any legal knowledge but I have read the directves on pre-action protocol and I would suggest anyone read it themselves before taking the advice of well meaning posters.

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I suppose its all down to personal choice. Pre action protocol requires entering into dialogue.To not do so leaves you open to problems further down the line. I do not have any legal knowledge but I have read the directves on pre-action protocol and I would suggest anyone read it themselves before taking the advice of well meaning posters.

 

That too, is my understanding. To not respond could be damaging in the long run. A simple reply and deny sent recorded, followed by a second reply and deny with a statement about harrasment sees it closed. After two responses you don't need to play letter ping pong anymore. Simply file and ignore anything else. I say file because you can then build a case for harrasment if they are not providing any further evidence to support their claim.

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Hi, I've just received my second letter from ACS Law stating my first response (letter of denial) was a standard response which can be downloaded from the internet and therefore reject my letter. They are still demanding the same £295 for downloading the song "Evacuate the dancefloor". Has anyone else recieved a second letter alsoany advice would be appreciated.

 

Just respond to their second letter with no more information than the template. Simply restate your denial and respond such that you will treat any such further correspondance without evidence to support their claim as harrasment. Don't write too much. Just stick to your denial. Then as I 've said before simply file and ignore further letters.

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Wittzend

 

The way I see it, is that when these companies receive a template LOD letter without any reasons for denial being given, it is pretty worthless, same as ignoring. Yes sending a template LOD is denying their allegation and this could be brought up in court, but then in court, you would be asked to justify your denial. If you had ignored the letters, in court you could just say that you were totally bemused by the allegation. You have no knowledge of what allegation they are on about. These allegation letters are not sent by recorded delivery, so you could state that you don't recall receiving any letters and the first you had heard about it, was when the court claim was received.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thank You DX for your advice and help but im still worried. You say ignore them completely and Wittzend says:

 

 

 

Some sites say completely ignore and others say you should still respond to them (but if u respond they will hound you). Im still confused....

 

My advice would be to read the thread and make your own mind up from the advice within it. That would be my advice to any new poster who comes and says what should I do without first reading the thread.

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I suppose its all down to personal choice. Pre action protocol requires entering into dialogue.To not do so leaves you open to problems further down the line. I do not have any legal knowledge but I have read the directves on pre-action protocol and I would suggest anyone read it themselves before taking the advice of well meaning posters.

 

That too, is my understanding. To not respond could be damaging in the long run. A simple reply and deny sent recorded, followed by a second reply and deny with a statement about harrasment sees it closed. After two responses you don't need to play letter ping pong anymore. Simply file and ignore anything else. I say file because you can then build a case for harrasment if they are not providing any further evidence to support their claim.

 

My advice earlier on was to respond with 1 x LOD then forget about it.

 

Now, I'd say there's enough evidence in this thread alone to suggest that ACS (and their counterparts) are abusing the Legal System, so I'd be saying to a Court that I ignored the letters for that very reasoning - any Judge that hears a claim for this is likely to consider their behaviour inappropriate.

 

Remember that the Civil Procedure Rules are flexible enough for a Court to apply them in the real World - discussing whether you should or shouldn't reply, according to the Rules, is irrelevant, as it's for a Court to decide if what was done in the circumstances was reasonable. I can't see a reason for considering a lack of response unreasonable given the feeling of emotion in this thread and the numbers involved.

 

Now, if they were taking everyone that had threats to Court, that would be a different matter.

 

Ultimately, CAG is a forum for airing views and advice is given based on experience - hence the different approaches suggested. It's for the readers of this thread to have sufficient awareness of their own situation to make a decision on how to proceed with it, although hearing differing viewpoints definitely assists with this process.

Always happy to help where I can!

:lol:

Beware of legal advice given on a private forum - do you REALLY know who is posting? Are they REALLY accountable for their posts? What if you follow their advice and get something wrong?

It was Winston Churchill who said; "Democracy is the worst way to run a country except for all the others"

 

Advice and comments posted by car2403 are offered purely without prejudice. They reflect only my personal opinion and do not represent the opinion of this forum or it's management. You should always seek legal advice from a qualified legal advisor. As a member of the site team, I disable reputation - reputation points mean nothing, please check my posting credentials yourself and make an informed decision. You shouldn't PM me and await a reply - I may be too late with a response. No replies will be given in Private Messages - just as with getting advice from the forum, getting advice via Private Messages is dangerous. CAG is about sharing successes so others can follow your example, this is primarily why I'm here, so please don't be offended if I don't offer replies in PM that doesn't comply with this. Help CAG to help others by keeping your thread up to date.

 

 

USEFUL LINKS; New User Guide to CAG | Can't find what you're looking for? | Intro to Consumer Credit Litigation | Is My Agreement Enforceable | Default (Surleybonds) Template Letter | Defaults - background, removal methods, challenges and taking a claim to Court | Digital Signature Guide | Overdrafts and the CCA

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Hi, I've just received my second letter from ACS Law stating my first response (letter of denial) was a standard response which can be downloaded from the internet and therefore reject my letter. They are still demanding the same £295 for downloading the song "Evacuate the dancefloor". Has anyone else recieved a second letter alsoany advice would be appreciated.

 

Yep, I have received exactly the same as yourself, looks like another batch has gone out. I sent an LOD after the first letter, there are varying opinions on what to do after your second letter, ranging from ignore it, to send a 2nd LOD. I'm just going to ignore this one, although, I would really like to write a long letter, telling them what I really think about them, especially the leak of my details on the Internet !!!

That seems to have gone quiet at the moment, one minute half million pound fines being bandied around, companies being made bankrupt, SRA investiagtions being made, e-mails published on how companies operate and on how much money they owe, newspaper headlines, BBC news.

Next, it's business as usual, let's send some more letters out, let's rake some more money from unsuspecting, unknowledgable punters. I don't understand how this can happen, once a company is, alledgedly, under investiagtion from two governing bodies ? :violin:

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quote_icon.png Originally Posted by blashey viewpost-right.png

i got a letter back from gm declining my offer of £100 and still want £370 i dont know what to do as i stupidly admitted it before i found this site :sad: they even have the cheek to give me the option of paying in instalements

should i pay i am at my wits end :sad:

 

 

 

 

i got reply back as i had now offered £200 to GM they accepted so hopefully thats that

 

thank you for all your help in here :)

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sorry but i think you are being fleeced blind

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry but i think you are being fleeced blind

 

dx

 

I agree. But given that he/she admitted guilt there wasn't much hope for a better outcome - in my opinion. It was all a question of how much.

 

Glad you got it sorted blashey. Now at least you can sleep without that on your mind. Just a shame you never managed to get to the good advice before making an admission.

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Blashey... its unfortunate, but if its the case. Pay and forget about it all. At least a settlement is final and you are now never to be involved in the literature, effects or other further issues to come.

 

 

I had a payment plan with a company before which was to proceed with civil issues. Be realistic if you are going to pay. Dont pay back too quickly. If you accepted £200 agreement, pay them back £2 a month. or max £5.

 

thats what i did.

 

... yes you got caught... but remember the monetary payment isn't there to punish you, its to reimburse the 'SO CALLED' losses of these 'mugs' that you might or 'might not' have caused.

 

dont be out of pocket because theyre forcing you to pay X amount.

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... yes you got caught... but remember the monetary payment isn't there to punish you, its to reimburse the 'SO CALLED' losses of these 'mugs' that you might or 'might not' have caused.

 

dont be out of pocket because theyre forcing you to pay X amount.

 

That is a very good point and one worth pursuing.

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Sorry Blashey but you have just been conned, and you know you've been conned and accepted it. Yes you may have admitted it, however the amount you've paid is something they have determined. There is enough literature out there that the compensation should equal the loss, which is peanuts. you've paid 100 times more than you should have and are happy with that. Even if you've admitted it, i still don't think they would take someone to court as a good lawyer could probably argue that the penalty needs to be equal to the crime, potentially bringing down their house of cards as well. They would have to be crazy to take someone to court, he may be a **** but i don't think he's crazy.

Edited by jimdev1976
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But as blashey has already admitted guilt the argument over the cost of damages would likely have needed to involve a legal professional, which would far outweigh the cost of making their agreement at £200. I agree the actual damages would likely have been in single figures, but to argue it in court whilst paying by the hour would have been more costly.

 

Until someone gets the whole matter into court to force an argument of the reliability of the methods employed and the calculation of quantum damages there will be no easy way just to argue the quantum damages from a position you are already at a loss at.

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doesn't matter you've admitted it.

 

there is nothing to pay and you should not pay them.

 

so, the 'copyright owner' has written saying this how much its cost me?

 

no they haven't

 

there is only one place this money is going

 

to line their pockets

 

keep it in yours.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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