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    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just basically said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any evolvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Apon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
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Reclaiming mortgage arrears fees


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I am about to make a claim against a "not so nice" mortgage lender for mortgage arrears fees. Initially went down the unenforceability route as this is for a second charge on my property. The agreement was in dispute, yet they continued to add fees/penalty charges during this time and they informed me that they were drafting in solicitors to commence possession. The following day I receive a letter from Optima (to**ers) who in turn set up Possession proceedings against me. I had no faith in the CMC and their solicitors who I had used in checking the enforceabilty of the agreement and I have since proved correct as neither are no longer trading so I decided to recommence payments and agreegd a payment plan yet they have continued to add arrears fees, returned dd fees, solicitors fee etc. They have since added more than £400 in legal fees to my account and needless to say, I aint happy. Any suggestions where I start anybody

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Hi, usually you would complain to the FOS once you have a final response from the lender however, I'm in a similar situation though out of time with the FOS..am now considering issuing a money claim through the courts but, it's hard to find any good information so, I was going with this:-

 

The High Court has recently decided that these kind of charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. We consider that the regime of late payment charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other sub prime lenders and therefore there is little alternative for us but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to our detriment. We also consider that the charges may be unlawful at common law.

 

and or,

 

The Unfair Contract Terms in Consumer Contracts Regulations 1999 defines an unfair terms as:

"a contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract to the detriment of the consumer"

 

 

Would like you appreciate some help..

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Any help or advice is offered as just that, help and advice without any liability. If in doubt consult a legal expert or CAB.

 

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  • 2 weeks later...

Thank you very much

I have your letter, I did not miss a payment, A&L returned it - Complete F*Ckwits, HSBC - A&L -back to HSBC I have proof from HSBC, A&L are just ignoring it, Ive been scouring everywere for a no nonsense letter to send them - ;)

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letsdothis - well done on keeping your home :grin:

 

Have you had any response to your letter re charges?

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letsdothis - well done on keeping your home :grin:

 

Have you had any response to your letter re charges?

 

@MKB - Thanks! It was CAG and the members that managed that for us.

 

No unfortunately, I think they have 8 weeks to act and then they have to give me a final response before I can proceed to take it any further. I never had them before so a few weeks ain't really going to make any difference.

 

I will update my original thread once I hear anything.

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I was slightly shocked initially but then found it very funny. I bet you drink pints on a night out as well. :D

 

TBH Most creditors give that impression anyway, they deserve all the abuse or nicknames we give them. If they hadn't of upset us in the first place we would have no reason to lose our tempers etc

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Trust me ........They are Complete F*ckWits, 3 and a half years of these cretins !!!!!! they deserve it

last week when I obtained the strike out the Judge said "If I were you I would get away from these people ASAP

BTW I dont drink at all :D But if I did .................AA here I come

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