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    • Are you already in possession of the goods?
    • As so many others have done, I've sold an item on eBay and paid for the Packlink service to ship the item via Hermes to the purchaser. The item sold for £138 plus £2.94 shipping.   I dropped the item off at a parcel shop on 28th November. Tracking for the item goes up to 1st December ("Manifested for Delivery") but stops there. I have contacted Hermes and they have replied with:   "I have conducted an extensive search and unfortunately, our tracking system is currently unable to locate your parcel. Due to the amount of time that has elapsed since we last received a tracking update, I must unfortunately deem this parcel unaccounted for."   "I can see that you purchased the shipping label for this parcel via Packlink. While your parcel was sent using the Hermes network, Packlink are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you."   I've contacted Packlink and they have told me to go through their own claims process. Now, I have read some of the posts on this forum and I do understand that Packlink are based in Spain so affected people are advised to claim against Hermes.   So what should I do as the first step? Do I fill out the Packlink claim form knowing that they are going to offer/pay me the standard £20 which isn't enough? I'm presuming that I have to go through all of their prescribed steps first before I can start "fighting back" against an inappropriate compensation offer?   Should I go back to eBay and report that the item has been lost and therefore request a refund of my fees and the return of the money to the purchaser?   Thank you.  
    • Send a copy of your ctax bill as the posts in the sar link state   i believe it is 30 days from when they are satisfied its you wanting rhe info, but i also believe that only applies if you had moved?   Dx
    • Even if he was over the time  that still does not allow them the powers to fake evidence.. even the police cant do that   mmmmmmm 
    • Again, massive thanks to you for the help provided. Two questions: Should I show the dealership correspondence from Blue Motor Finance? Should I send them this letter?   I have changed a couple of bits from your letter. Please see below the final draft:   Dear Sir/Madam, Thank you for your email on 6th December 2021 As you know, this is a hire purchase agreement and as such you are effectively the dealer to all intents and purposes. You have a contract with the dealer but that is a different matter and of course it isn't a contract governed by the consumer rights act because neither of you are consumers. However I am a consumer and I'm protected by the consumer credit act and you have all the responsibilities to me as if you were the retailer (which you are). You are a business which is regulated under the FCA – but also you are a business which is regulated under the consumer credit act and this makes you liable under any consumer legislation which I enjoy – in particular, the Consumer Rights Act 2015. The retailer has already indicated that they are prepared to repair the first fault which occurred – the seatbelt fault.  I'm fully prepared to drive the car back to Blackburn for this repair and also for a further diagnosis of any other defects. Of course, I shall be claiming the costs of this from you – in particular if it means that the car has to stay with the dealer overnight or longer and I have to return at a later date. By insisting on this option,  I take it that you do not have any objection in me driving a faulty vehicle for over three hours, therefore assuming the risk of making the transmission issue worse or even risking a possible catastrophic transmission failure.   As a gesture of goodwill to you, I'm prepared to try and take steps to mitigate your losses by taking the car to a repairer local to me in order to have the work and diagnosis carried out there. I should warn you that if you do prefer me to return the vehicle to the retailer in Blackburn, then I may well decide to carry out my own independent inspection should the retailer not agree that the faults which I am describing exist. If an independent inspection confirms my own view, then I shall be looking to you to reimburse the cost of this inspection in addition to any other costs I reasonably incur. You may feel that it is more cost-effective for you in the long term if I have the car repaired locally and diagnosed locally because then this will also amount to an independent inspection and avoid further damage to the transmission.   In respect of your reference to a warranty, please stop trying to fob me off on to warranties. I am perfectly happy to rely on my statutory consumer rights – and I think you had better understand that. I hope you also understand that warranties are subordinate to statutory consumer rights.   You say that your business is regulated by the FCA – and of course that is correct – and that also means that if you start making misleading statements or try to avoid your responsibilities to me then in addition to county court action I am entitled to make a complaint to the financial ombudsman service. The FCA may allow you eight weeks to investigate a problem and to produce a final response, but what the FCA permits you to do is subordinate to my rights under current consumer legislation. Your trumpeting of what you are allowed to do by the FCA is calculated to mislead me. Don't do it. You have sold me a vehicle which is defective and not of satisfactory quality. This is a breach of contract. Your statement that I'm not entitled to recover any reasonable foreseeable losses caused by your breach of contract is incorrect. In particular, your statement that as a consumer I do not have the same entitlement as a business customer is quite wrong – and also calculated to mislead me because I'm sure you must know better. I accept that it is fair enough that the retailer should have an opportunity to inspect the vehicle and to ascertain the fault. As soon as my position is confirmed, then I shall be looking to you to either arrange or at least to agree the cost of repairs so that they can be put in hand without any delay. Don't imagine that that will be as long as eight weeks.   I'm giving you seven days to let me know which course of action you would prefer me to take. I hope you understand that I'm trying to have your best interests in mind at all times. Yours faithfully
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Notice of legal Proceedings


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I have just received a letter headed 'Notice of Legal Proceedings " from a credit card company , who I have cca 'd and would seem to have an un enforcable agreement . They have had 'in dispute ' letters from myself so should be aware of the situation . The Dca arm of the credit card have ' recommended' to their principle that 'solicitors should be instructed to commence court proceedings ' . This has got me jittery , is it a standard threat-ogram as indicated by the use of modal verbs "may ' and "should ' ?

if they do commence legal action is it nessercery to send me anything else ? I have seen statutory demands mentioned on this forum .

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It's a threat-o-gram

The only time to worry is if they send you a stat demand but if, as you say, the agreement is duff then there's not much to worry about.

 

If you do get an SD, help will be out there.

 

fox

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