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    • Iv not had a phone mine went off ,so not ad chance borrow one im just trying get my passwords reset.
    • hi sorry about that i never no were to post 
    • Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility. As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy. You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence. For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim. Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence. So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers. Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court. We will help you all the way.
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    • Can I attempt to clarify what I think is a point of confusion between the OP and dx100?   What I think the OP is referring to is the general right to cancel a distance purchase within 14 days.  When the purchase is made, the vendor is obliged to provide certain information to the purchaser about their right to cancel in a durable medium.  An email or a piece of paper is a durable medium, but 'phone calls or links within websites (or links sent by email) are not.  If the vendor does not provide the required information in a durable medium, the usual 14 day cancellation period is extended up to a maximum of one year and 14 days.   My understanding is that one of the pieces of information that the vendor is required to provide in a durable medium is that the purchaser  will be reponsible for return costs if they cancel the order, and if a return by "normal" postage is not possible, the vendor needs to state what the return costs will be.   I think what the OP is trying to do here is to argue that they want to cancel the purchase and that because the vendor did not explain about their cancelation rights in a durable medium then, (i) the cancelation period is extended up to a maximum of 379 days, and (ii) the vendor is responsible for paying the return costs.   Anton2244 - is that what you are trying to argue?   Whether my understanding of this aspect of the "distance selling regulations" is correct and whether they apply in this case I won't comment.  Nor will I comment on whether this is the best approach for Anton2244 to take as he also seems to be under the mistaken impression that because no cancelation informatoin was given in a durable medium then "no contract" can exist...    
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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. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
      I’m literally at the end of my tether and don’t know where to turn next !
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
      • 29 replies

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I was supposed to attend a grievance hearing last week, but my union rep advised me to not to attend.


She told me that she had seen the Chair of the Grievance Panel discussing my case with my former employer and 48 hours before the hearing and this collusion constituted a breach of the proceedings. The panel is supposed to be completely unbiased, and my rep told me that because there was proof that the procedure had not been followed properly, it was her opinion that the whole matter should be reassessed.


My rep then told my employer that perhaps it was time to start thinking about a possible deal. Apparently, they came back with an offer that was equal to four weeks's pay, redundancy monies the equivalent of four years and then a bonus of £400 to ensure my silence about what I've suffered at the hands of this very public establishment.


During the course of my employment I have been mocked and jeered at by management, my needs have been ignored by the overall manager, and my disability has been overlooked by my employers and not taken into consideration during an interview process. I was selected for redundancy and the news was broken to me by gossip from colleagues instead of by the management. I have raised grievances in respect of all these, but the management have either ignored my grievances or thrown them out. I was passed a copy of an email from a colleague where the manager states that he is "reluctant to act".


I'm sorry, but I don't want to deal. I have spent hours typing up correspondence, preparing for meetings, stressing out. My health is shot to hell as I suffer with depression. I am on the maximum dose possible of my current medication and I am still losing it with my husband and the children. I really beleive that my employers are responsible for my current ill health and I am not the only one suffering. My children suffer with my mood swings, my husband feels neglected and unwanted and I loathe myself for being such a pushover for so long.


My union rep has advised me that unless I deal she may not be able to represent me for much longer. Under her advice, I forfeited any right to appeal their decision to make my role redundant, and I now consider this helped my employers more than me.


I want my employers to pay for the amount of time I've had to spend going over paperwork in respect of the grievances I raised and I would like some recognition of the fact that what's happened to me was not my fault and that they accept that responsibility. My union rep advised me that they have learned from this experience, but I seriously doubt it because from my perspective, they're going to carry on regardless and I won't be able to make any form of claim against them if I accept my rep's advice.


I think I need further help on these issues. Anyone?

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Hi ............. try and keep it together. My wife and I have just gone through a 3 year grievance and ET case with a NHS trust. The union were worse than useless. We found having recourse to legal protection insurance a godsend. have you that insurance policy? It is normally attached to home contents insurance. If you have it may be time to ditch the union and get the employment lawyers in.


What kind of organisation is your employer, PLC, Government dept, private?

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That's great news. Perhaps you should now phone up for a chat with the insurers and then once they have given advice put in an application for a solicitor to take the case on.

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The solicitors have said that they cannot help until I have lost my job or been made redundant. However, I still have not received my notice of redundancy from my employers, even though my redundancy should take effect from the 2nd September.

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Hello there. Your case sounds terrible and I really hope you can fight effectively and get some kind of justice and recompense for you and your family. I also hope you find some peace of mind soon; maybe not working there any more will help and you will be able concentrate on being nice to yourself. Then it will probably rub off on your family and everyone will feel a bit better. Keep posting here and we'll do whatever we can.


My best, HB x

Illegitimi non carborundum




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