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    • I still wish we could see exactly what you had claimed. I'd like to get much more detailed account of the conversation between you and the mediator. I'm a bit surprised that Hermes rejected the situation for something of such low value and am sorry to say it may be something to do with the way that you put across your points – or maybe the arguments that you focused on. I think it will be worthwhile understanding as much as possible, what your claim was about and what went wrong so that we can address those matters when it gets to court. Don't forget that there is still a chance that they may settle before the hearing. If it goes to the hearing then we need to make sure that you are as fully equipped as possible to make your arguments to the court in a convincing way so that you come out having established important principles against Hermes. They have a lot to lose
    • I've been reflecting on this and it seems to me that although it is probably in your interests to leave the car with him, you should retain ownership and not relinquish it until the matter is settled. I don't think there is any conflict between rejecting the car contractually on one hand and retaining the ownership until the matter is settled. By retaining ownership, if there happens to be any move to bankruptcy or something, then you can still assert your ownership of the vehicle. If there was any attempt to dispose of the vehicle without settling your refund first then I think you could legitimately report it to the police are stolen. Goods which are stolen remain stolen even if they are sold on. That means that if the car is sold to somebody and it is yours, then it remains yours and you remain stolen and the purchaser of the car would have purchased stolen property and they will then have to address the problem with the seller – and not with you. If you're able to take photographs of the car then I suggest that you do to make sure that it is in good condition – and you if you are able to keep an eye on it at all then you should do and photograph it from time to time. I think it would be also worthwhile sending the garage a letter saying that you are rejecting the vehicle that you are retaining title to it until they have settled the refund and that it is on their forecourt and as such they are responsible for its safekeeping. Send this letter by recorded delivery, of course.
    • ...Just found this https://find-and-update.company-information.service.gov.uk/company/06034544   I can write to their CEO at their registered office. Not sure if I need to send the letter to both, but figure why not.    
    • No, though I did get a call back just this morning (from someone I'd not spoken to before at Crystal) and I now have the name of their CEO and confirmed I can write to him at the address I ordered from. Good idea though. Provisional letter below (names replaced), minor adjustments may be made following the legal advice:-   Dear CEO,   Reference: I am claiming a full refund on the glazing for my recent window order under my short term right to reject under the Consumer Rights Act 2015.   As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. I have summarised the facts of the case below:-   On 04/10/20 I sent a signed PDF order across to yyyy yyyy. On the 09/10/20 I received an e-mail from xxxx with an order acknowledgement asking for my address so that she could book the order in. I replied the same day with my address and saying please note my order is not the one you've attached, it's the one I've digitally signed and amended to include additional notes, full glazing specification and details of the thermal frame reinforcement, and I attached another copy of this signed order to my reply. On 19/10/20 I sent an e-mail specifically asking for confirmation the glazing spec would be as per the signed quote, and received a reply from xxxx stating ‘I converted the quote you signed off into an order so, whatever is on the quote paperwork that you signed is exactly what has been ordered.’ On 05/11/20 I took delivery of the windows at my home address, and shortly thereafter queried the glazing specification as it did not seem to tally with what I ordered. I received an e-mail from aaaa (head of customer services) on 10/11/20 confirming that yes they had unfortunately ordered the incorrect glass for me. A later e-mail dated 12/11/20 forwarded by aaaa to myself from bbbb bbbb (senior estimator) at Custom Glass, gave full details of the glazing specification sent and that actually requested. I received glazing using ‘Thermaglas’ with the unit having a U value of 0.682 vs what was actually requested, ‘Therma One’ with a U value of 0.590 (better insulation performance). Repeated requests for a refund on the glazing only have been met with refusal citing your terms and conditions and stating you will only reorder the glass. I would point out that this variation of specification was not by prior agreement, and hence I am not bound to pay for it under your own terms and conditions (2.3 No variation to the Contract shall be binding unless agreed in writing by authorised representatives of the parties). Additionally as the item has not been made to my specifications clause 3.5 is negated (3.5 Cancellation - All Crystal products are ‘made to measure’ This means that where goods have been manufactured ‘made to measure’ due a customer’s specifications, they will become non-returnable and non-refundable.’ Furthermore, term 3.5 is not even included in the terms and conditions listed on my invoice number 345198, it is only on the website, and hence I cannot be bound by it anyway.   Due to the difference in specification the sealed units are not fit for purpose and are not as described.   From you I am claiming a full refund of £1190.93 under my short term right to reject under the Consumer Rights Act 2015.   I have calculated this sum based on the total amount paid for the Windows (£1813.14) less the total cost of the frames (£622.21).   Listed below are the documents on which I intend to rely in my claim against you: * 4-14-4-14-4 Thermaglas One.pdf * 4-14-4-14-4 Thermaglas * Signed crystal quote 041020.pdf * Copies of relevant e-mails, for dates see the above summary * Invoice number 345198   I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.  I would invite you to put forward any proposals in this regard.    In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.  I look forward to hearing from you within the next 14 days.   Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.   Yours faithfully,    me
    • The finasl part of that Lewes Judgment regarding the Unicorn Feed tax, is worth slipping in somewhere about the addition of any "Admin" or other DCA fees to a claim is abuse of process, as only the driver can be sued for such .
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don't worry about the car the bailiff would rather have the money it just an excuse to rake up there fees

 

if no one knocks up a letter for you i will do it myself probably tomorrow would like to say i will do it today but Ive been up since daft aclock (don't ask cant believe I'm that stupid:eek:)

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Its quite a rare condition, its is officially called (please forgive the spelling) Shmidtz metaphsyl achondraplaisa, there isn't much on the net regarding it (last time I looked there wasn't) as there are so many mutations of dwarfisim, it is genetic so its a 50/50 if it is passed on to the baby and they can't tell if the baby has it until it is at least 2/3 yrs old (something else im worried about)

 

And the bad back was an accident I had a while ago, which until our local pct stopped them I had injections in my back to ease the pain. I can now only use paracetamol and a tens machine for pain releif.

You would be surprised at how much I can find on the net in fact I have found lots, one that was in particular interest was here Symptoms of Metaphyseal chondrodysplasia Schmid type - WrongDiagnosis.com

Please dont think that I am wishing to label you but if this IS what you have then you are classed as having a disability, which of course will include you under the vulnerable clause of the national standards... along with your being pregnant, adding to the urgency of the council taking back this debt asap. Lets hope kel see's this before writing her letter and adds this to it, I may just pm her to make her aware. I am glad I asked now, I hope you didnt think I was imposing in any way :)

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Thankyou seanamarts, the more info the merrier...

I'll add another paragraph to the letter I posted earlier. Won't be done for an hour or so, if kingfisher has already sent it off it doesn't matter as it can be done seperately.

Best wishes

Rae

Edited by RaeUK
Can't tip you again seanamarts so a big hug instead :)
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letter for Rossendales as promised what do you think folks would anyone like to tweak it

 

send it to Rossendales recored delivery(keep the receipt as proof of sending) make a copy for yourself and the council

 

send a copy to the council with a covering letter

 

 

 

council tax reference number

bailiffs reference number

 

 

Dear sir,

 

Rossendales Bailiff Mr xxxxx employed on behalf of xxx council visited my home on (date)

At the time of this visit the above bailiff placed a levy on my car (make model reg) this vehicle if in good condition would have a book price of £295 therefore auction value would be considerably less

 

It is my understanding the reason an authority Levy's distress is to secure goods to be sold at auction if the debt is not satisfied therefore only goods that have enough value to cover levy fees removal fees, storage fees, valuation fees, auction fees,and a substantial percentage of the liability order can be levied

The above being confirmed by the Judgement of Throssell v Leeds City Council where the judge states

as for your car how old is it? I.E. would the sale of it actually cover a large percentage of the bill anyway?

a vehicle should only be removed if the proceeds of sale provide that there would be a surplus available to the liability order after deductions for the bailiff fees, , removal storages and auctioneers fees.

 

The car Levied by bailiff MR xxxx does not meet this criteria therefore i would conclude that the only reason for this levy was to gain a fee for himself or his employer it is for this reason i believe the levy to be invalid

 

I am therefore asking you to cancel the levy and forward me a revised account reflecting this within 14 days of this letter

 

Alternatively if you feel this is not the case please forward me an explanation as to why the levy is valid along with a copy of your complaints procedure within the aforementioned time frame

 

Copy of this recorded delivery letter will be sent to xxx council to placed on file to be used in any formal complaint to xxx council or court claim for unlawful fees should it be necessary

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Thank you everyone, I didn't manage to get on yesterday as I was really poorly and still feeling it (just think the stress got to me) I am sending all of the letters off today just waiting for the new tweaked one and have made an appointment with the gp for Wednesday. Seanamarts thank you for the link. I have looked before but Im not very good with the web. I do know its classed as a disability but I have never claimed for it I just try to get on with it.

Is it best to ask for all of their confirmation to be via email or normal mail?

Edited by kingfisher1
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Thank you everyone, I didn't manage to get on yesterday as I was really poorly and still feeling it (just think the stress got to me) I am sending all of the letters off today just waiting for the new tweaked one and have made an appointment with the gp for Wednesday. Seanamarts thank you for the link. I have looked before but Im not very good with the web. I do know its classed as a disability but I have never claimed for it I just try to get on with it.

Is it best to ask for all of their confirmation to be via email or normal mail?

Your very welcome :)

Ask for replies for both email and snail mail couldnt hurt any :)

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lol didn't want to be rude and say snail mail :). My brain hurts I have learnt so much today regarding shimids.

Edited by kingfisher1
I have no brain cells left!
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Just a quick update, I have just phoned the council to get all the reference numbers I need and unfortunatly I broke down on the phone. The gentleman I spoke to was lovley and advised me to write to them explaining everything I had just told him and also that the bailliff was wrong! Letters all sent so now awaiting replies.

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Just a quick update, I have just phoned the council to get all the reference numbers I need and unfortunatly I broke down on the phone. The gentleman I spoke to was lovley and advised me to write to them explaining everything I had just told him and also that the bailliff was wrong! Letters all sent so now awaiting replies.

You got to talk to some one nice:eek::p

well at least he listened which is a start :)

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Apols kingfisher that I didn't get a chance to re-tweak my letter and add your full conditions. I'm sure you've done it and things will be fine...

Best wishes

Rae

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I have had a reply from the Council this morning saying that the Debt is going to be returned to them. But they are saying that I still have to pay the bailiff costs of £70.50, so does this mean the bailiffs can take the car for their costs as the levy for the council tax debt is on the car? I can't understand why I still have to pay the baillif costs when on the first visit she was aware of the situation so therefore she should have passed this back to the council? Does anyone have an email address for Rossendales? I can't find one anywhere.

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She came round twice, First time was when I made her aware of my circumstances and she said she would leave it for a week or so, she then phoned and said she would leave it until the end of March and we would talk again then but when she did come wound I was in the hospital with my daughter so she levied the car, but it didn't cover the debt it would have only covered the costs. I am so confused now as the council have taken back the debt does it mean the levy is no longer in place? Or is the car now levied against the baillifs fees?

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She came round twice, First time was when I made her aware of my circumstances and she said she would leave it for a week or so, she then phoned and said she would leave it until the end of March and we would talk again then but when she did come wound I was in the hospital with my daughter so she levied the car, but it didn't cover the debt it would have only covered the costs. I am so confused now as the council have taken back the debt does it mean the levy is no longer in place? Or is the car now levied against the baillifs fees?

 

The fees they have charged can be argued - have you sent for a breakdown of them yet? Until you know exactly what you have been charged it is impossible to argue them.

 

PT

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