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    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
    • Hi lookinforinfo,   No problem, regarding the 'Pay on Foot car park' sign there are two, one on the inside at the front of the carpark approximately 5-10 meters from the entrance and another one on the inside at the back of the car park roughly in the middle.  There isn't one at the main entrance to the car park.  Both are situated inside the car park front and back.
    • I wanted to send a laptop back for a refund and chose to go through Hermes as they offered the best rate for the size of the parcel.   I chose not to get it insured as I'd heard about it not being enforceable and a waste of money, especially as it only covered up to £300. After sending it off I was contacted by the laptop company saying that I need to get it back as the address they had listed on their website is no longer where they are based. I got in contact with Hermes straight away (same day) to try to resolve this. Parcel was sent off on the 24th of June, it was out for delivery on the 28th or 29th so I called Hermes and they were able to contact the courier to stop him delivering it, I was assured my parcel would be with me within a week. I checked the tracking on the 2nd and it said the parcel had been delivered to the neighbour of the address on the parcel, I called them as soon as I saw it and they raised it with depo for someone to collect the parcel and send it back to me, I have confirmation that it was retrieved and returned to depo on the 6th. I then checked tracking again and it had been redelivered to the same address on the 8th so I contacted them as soon as I found out, and they had to raise it with the depo once again. I didn't hear anything from them for a few days so I called on the 20th and they told me they had lost it and would send me a claims form and that I would get the value of my parcel as well as postage costs returned to me. My claim has been approved today but they are only offering me £20 for the laptop, plus the £6.80 postage fee. I needed to have this parcel sent off to the retailer by the 16th as that was my last day of being eligible for a refund, and because of Hermes's series of mess ups I wasn't able to meet this deadline and have now lost out on £408.99. Is there anything I can do to get the rest of the money back?  
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Hi to everyone. I hope someone can give me some advice. Here is goes!

On 26th August i purchased a 2001 BMW Compact. 1 owner from new, 69000 on the clock and full bmw service history, 3 months warranty. As you can imagine i paid a lot of money as i also got it from a garage.

So before i had even left the garage i realised that the back wiper was not working. The sales guy i had been dealing with gave me their mobile mechanics number for me to contact and for them to come and have a look at it. After 3 weeks of chasing and chasing for him to come, the guy finally looked at it to tell me it needed a new motor and he would go back to the garage for them to order the part and he would be in touch.

So as i was on my way home from work on wednesday this week, the cd changer in the boot stopped working.

When i got home i contacted the garage and asked them if someone could look at it. She then told me, no we do not cover that, we only cover mechanical items under the warranty. So i said, what about the wiper, you are fixing that? She then said actually we are not going to and we are not going to pay for the call out charge from the mechanic, i will be liable for that! I couldn't beleive it!

Surely these things should be fixed and paid for by them? Especially as the wiper was not working before i left the garage with the car on the day of purchase!

Any advice and comments are welcome

Thank you x

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Important, No more telephone calls, you need a paper trail.

 

List all you have wrong and send a recorded delivery letter and state that under the sale of goods act 1979(amended) you request a time to to bring the car in for rectification of the above at their expense.

 

If they continue to refuse, then you should write again giving them one last chance and that on failure to comply, you will take the car to another dealer for repairs to be done and will send them the bill.

You should go on, failure to pay this bill will leave me no alternative than to issue a claim against you in the small claims court with all its associated costs added to your bill.

 

Forget the warranty, that is just a nicety to make the deal more attractive and has no real power in law.

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just an update, i wrote a letter to the garage in question and posted it recorded yesterday and low and behold i had a call from the garage first thing this morning asking me to 'at my convenience' to bring the car in and they will arrange repair of the faults.

Result! Fingers crossed it is now going to be sorted.

thank you for your help.

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Well done, the next post from you will, I hope, be telling us that all faults have been fixed.

Congratulations on this first stage.

 

It's funny how four letter words are frowned on, but one four letter words is really hated - 'soga'.

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  • 2 months later...

well unfortunatley i am back here again! Still no fix on the back wiper or cd player! My first letter seemed to do the trick and i thought i would get it sorted. However, on my visit to the garage for the fix it appeared that the wrong part had been ordered. This was back in the beginning of October. After leaving and being told i would be contacted the following week, nothing. So i wrote another letter stating the facts again and saying i wanted it sorted by end of october. I had the call the day after they received the letter to say they were having problems sourcing parts and that they would provide us with 'periodic' updates. That we 3 weeks ago was the last time we heard from them. So today i phone and ask for an update. To be told they were still having problems finding the part. So i said well, it was almost 5 months ago when i bought the car and i expect it to be fix asap. I suggested if they were having problems sourcing the part to go to BMW and order it for them. well he took offence to that as he proceeded to tell me they wern't going to order new parts only second hand parts as it would cost them too much money! The only way they would order a new part was if i paid half!!!!! am wrong in being totally appauled by this!?

So i am ready to take the next step, whatever that maybe.

Any comments welcome.

ps. sorry for the rant. i am just so mad! :mad:

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Very true Scania, never thought of that. Was trying to get around issue of Postman pat being in the pub all the time with mail still to be delivered on his back. Still have noticed that since my complaint you don't see them in there very much now and not with a sack of mail when I visit the area.

 

I do though honk in support when they are out as I believe the Royal Mail is one of the last bastions of Britishness left even if it does loose money. Good luck to them!!

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The next stage is to issue them with a deadline to fix the problem, I would suggest 7 days. Let them know that if it is not fixed by the 7th day you will take it to the main dealer to be fixed and will forward the bill to them for reimbursement.

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The next stage is to issue them with a deadline to fix the problem, I would suggest 7 days. Let them know that if it is not fixed by the 7th day you will take it to the main dealer to be fixed and will forward the bill to them for reimbursement.

 

Is this not a risky strategy as it adds to the grief, but I see where you come from on this.

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Not risky, this is how it works. They only have a resonable amount of time to effect a repair and I think 5 months is more that reasonable, in fact it's taking the biscuit.

 

Making time of the essence is now the way to go. You could now seek damages for breach of contract as the car is not as described.

 

Sale of Goods Act 1979. Supply of Goods and Services Act 1982. Sale and Supply of Goods Act 1994. The Sale and Supply of Goods to Consumers Regulations 2002.

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