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    • This was my first (and last!) experience using Hermes to deliver a parcel. I learnt the hard way...    I posted a valuable item (my precious & perfect guitar) with Hermes that was delivered damaged. I paid for insurance and after an absolute nightmare getting in touch with them, then waiting 28 days, they said it is not covered.   However the recipient stated there is signs of rough handling to the package, therefore Hermes are still at fault. When I responded with this to them they replied:   ..."I assure you that any damage is not a lack of care from our couriers; they take great care of all our parcels in transit. Any damage done to parcels within our delivery process will have occurred whilst being sorted by the automated, heavy machinery within one of our large depots."   Surely this does not absolve them of liability?!   I sold my guitar on ebay for £265 and have had to refund this plus the £20 postage I paid in good faith that my guitar would reach the buyer intact.   I now am out of pocket and with my once pristine guitar damaged.   I am heartbroken about it, plus the stress it's caused, was only even selling due to being a new mum and not currently working, I could cry (well I have several times). Anyway was just looking for any advice re: attempting to take further cheers.
    • Pleased we can at least agree on that.  
    • I will await the final confirmation tomorrow I also attach the Draft Order, please can these be checked Andyorch and BankFodder before I submit these online tomorrow I of course will amend the details to add the names etc before I send this. In the Leicester county court Claim No. ... Before District Judge ……… Dated 23//10 20… Claimant/s Mrs XXXXXXX   and Defendant Goosedale Draft Order     IT IS ORDERED THAT: 1. . Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant Mrs xxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 ( 2.1 ) ###### End of Order ######     Amended Particulars of claim for N1.   The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation.The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.     N244_web_0818 COMPE.pdf
    • The Financial Conduct Authority (FCA) is again urging consumers struggling financially during the pandemic to seek help - after discovering that 12 million people have "low financial resilience" View the full article
    • https://drive.google.com/file/d/1WrcF2oEOydGXCZYwhZcYB7QmnP_9jNaQ/view?usp=sharing I think I have figured it out. Sorry   
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Firstly great site and hi to everyone and sorry for the long post.

 

My problems started about 2 months ago when we received a visit from Equita and the bailiff demanded £400 in cash within 24 hours or he would be back to remove goods. The debt is a council tax debt which my partner had before we got together. Luckily my partner did not let him in the house, mainly because he was very rude and aggressive.

 

I phoned the bailiff and asked for a breakdown of the debt and he could not tell us! I emailed the council and Equita offices and received confirmation back that the debt was £185 + 24.50 for first visit charge.

 

I immediately wrote a letter to the council and Equita and demanded an explaination of why he could ask for £400 but no-one would give me a reasonable answer! I complained again about his conduct and requested the debt was returned to the council and offered a payment arrangement.

 

After many phone calls to the council, including the Head of Revenue services, they agreed to take the debt back and we've started to make payments......

 

Monday this week I receive another letter from Equita so I called the bailiff and explained the debt was not being handled by them and to leave us alone. This morning I had another hand delivered letter telling me he would be back tomorrow to remove goods if we dont pay in full. The bailiff wrote "including car" on letter saying he was taking that too. I phoned him again today and told him he does not have the authority to collect the debt and he told me in an agressive way he would be there tomorrow as previously stated. Also, stated the car was registered to me and he said tough.

 

What rights do I have tomorrow, can I call the police and report him for harassment if he turns up? The council keep apologising for his actions but he wont go away!

 

Any advice would be much appreciated, I'm getting married in two weeks and could do without this stress!

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Speak to the council again, and make a formal complaint to them about their chosen bailiffs, and state that if they do not call them off and they do turn up and remove the car, you will sue the council for damages.

 

If he does turn up then yes, I would call the Police as there is likely to be a breach of the peace if this knuckle head is that aggressive.

 

You need to make a formal complaint about this outfit to themselves firstly, which won't be upheld;

Debtor Advice

 

And one of these;

Complaining about bailiffs

 

How to complain about a bailiff - Dealing with bailiffs - Consumer and money problems - Advicenow guides - Advicenow

 

 

 

IF THE BAILIFFS HAVE NOT BEEN INTO YOUR HOME BEFORE TO COLLECT THIS DEBT, THEY HAVE NO RIGHT TO COME IN. THEY CANNOT BREAK IN. YOU CAN CHOOSE NOT TO LET THEM IN.

* DON'T open the door to them as they may try to push past you. If they get inside, they have a right to enter again and may break in to take your goods.

* DON'T leave windows open or doors unlocked - bailiffs can legally get in through these. Bailiffs CANNOT get the police to help them break in.

* BEWARE! Some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.

* Bailiffs MAY try to break into sheds, garages, greenhouses etc., even though this is illegal. KEEP VALUABLES SAFE! They may be able to take cars, motor-bikes and other vehicles parked near your home.

* Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car, and go out and pay them. Make sure you get a receipt.

DON'T SIGN ANYTHING! If the bailiff leaves papers for you to sign and return, you do not have to do this. You don't have to sign agreements posted through your door either.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Thanks for the reply.

 

I've already formally complained to Equita and as you said they fully backed the actions of their bailiff even though he tried to extort additional money from us. They said he was forceful and professional and in no way dishonest!!

 

I then complained to the council and HMCS regarding his conduct. Thanks for the links I will try them too. i'm not dropping this until something is done.

 

I've contacted the council again and requested a fax from them today to state that Equita have no right to collect the debt so will be ready for him tomorrow with the Police on speed dial. I may call the police today and ask them for their advice.

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Wow, first time on this site and I see someone having a similar problem to me with exactly the same company.

 

I failed to pay a parking fine last year - my mistake, I thought I had done so, although was at a time when I was waist-deep in debt and just sorting my finances out.

 

I got a letter from Equita in April telling me I needed to pay £168.14. I called them and arranged to make 3 payments. I made the first two, but again an oversight meant I failed to make the final payment. My fault again, no problem. This week I got a letter hand-delivered from a bailiff from Equita. On the letter it said that I need to discuss this within 24 hours or he would seize my vehicle, which would cost £140.

 

At first I e-mailed Equita, apologising for my oversight and offering to settle in full next Friday when I get paid. Having heard nothing back by the evening, I rang them up. They said to speak to the bailiff, but he would have no problem doing this. I phoned him, but he didn't answer, so I left a message for him explaining the situation.

 

He phoned back this morning, saying that the amount outstanding was not £68.14, but in fact some way over £400. Not including the £140 should he seize the vehicle, nor the £50 per day while it sat at auction.

 

I phoned Equita back, but they were most unsympathetic.

 

Now, in none of the correspondence I have received from Equita does it explain their bailiff charges - nor is there any mention of this arbitrary figure on the letter I received the other day. The only mention of additional charges was the £140 for seizing the vehicle. Looking elsewhere it suggests that bailiff fees should be no more than 20% of debt for the first £100.

 

Am I therefore in a position to dispute the charges, given these were not published? Should I, like the previous poster, refer this to the Council? Bearing in mind the clock is ticking for my car being seized, I need to act very quickly!

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You should write a Formal complaint to the Chief executive of you council

This ensures that your complaint will be dealt with by a council employee

Most council don't administrate there own council tax they employ agency's so chances are its an employee of the agency you are speaking to one of the agency that some councils use is Capita who own Equita bailiffs

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Wow, first time on this site and I see someone having a similar problem to me with exactly the same company.

 

I failed to pay a parking fine last year - my mistake, I thought I had done so, although was at a time when I was waist-deep in debt and just sorting my finances out.

 

I got a letter from Equita in April telling me I needed to pay £168.14. I called them and arranged to make 3 payments. I made the first two, but again an oversight meant I failed to make the final payment. My fault again, no problem. This week I got a letter hand-delivered from a bailiff from Equita. On the letter it said that I need to discuss this within 24 hours or he would seize my vehicle, which would cost £140.

 

At first I e-mailed Equita, apologising for my oversight and offering to settle in full next Friday when I get paid. Having heard nothing back by the evening, I rang them up. They said to speak to the bailiff, but he would have no problem doing this. I phoned him, but he didn't answer, so I left a message for him explaining the situation.

 

He phoned back this morning, saying that the amount outstanding was not £68.14, but in fact some way over £400. Not including the £140 should he seize the vehicle, nor the £50 per day while it sat at auction.

 

I phoned Equita back, but they were most unsympathetic.

 

Now, in none of the correspondence I have received from Equita does it explain their bailiff charges - nor is there any mention of this arbitrary figure on the letter I received the other day. The only mention of additional charges was the £140 for seizing the vehicle. Looking elsewhere it suggests that bailiff fees should be no more than 20% of debt for the first £100.

 

Am I therefore in a position to dispute the charges, given these were not published? Should I, like the previous poster, refer this to the Council? Bearing in mind the clock is ticking for my car being seized, I need to act very quickly!

 

 

 

Welcome to CAG could you please use this link to start your own thread

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

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Moved to Bailiffs Forum.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

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The council have confirmed again this morning that the debt has been withdrawn from Equita and I have a copy of my payment arrangement so I have politely text the bailiff and informed him of the above and that any further letters or visits from Equita will be viewed as harassment and I will be contacting the police to press charges.

 

Hopefully this will be the end of it :)

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