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By webbscatering · Posted
Filling out the defence but stuck on this one: 3. It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012 [set out the specific ways in which the requirements of the paragraphs mentioned above have not been met]. Only include the above paragraph if you have checked the POFA and can refer to the specific paragraphs which have not been complied with. Otherwise delete it. Do not forget to renumber the remaining paragraphs. Have they complied with PoFA 2012? -
By FruitSalad1010 · Posted
The contract you posted does not refer to any price increases but nor does it explicitly indicate it is a fixed price. The summary section of Virgin Media's terms found here states the following: Section N of Virgin Media's terms and conditions indicate that you have the right to cancel if they change the price of your contract, which Virgin Media reserve the right to do. The same terms and conditions also indicate you should be notified of any price increases before they are applied to your account. It appears VM indicated the price would change in January so the qualifying period to cancel was up to 30 days after notification of the price increase. I am unclear as to why VM referred to a 3 month cooling off period as I can only find reference to a 14 day cooling off period once a contract has been agreed. Cancelling the contract at this stage does appear to imply an early termination fee is owed unless it could be clearly evidenced the contract was mis-sold or that VM are in breach of the contract for example by not providing the advertised speeds. Slick's suggesting to find evidence on your account indicating the contract is fixed wold be very useful as unfortunately none of the communication that has been posted refers explicitly to a fixed price contract. One option would be to raise a complaint as suggested by slick132, which is unlikely to result in any action in time to prevent the higher direct debit being collected. If the complaint remains unresolved for a period of 8 weeks or a deadlock letter is produced you could then take the same complaint to the Communications Ombudsman. VM are likely to make every stage of the complaint process cumbersome but while the payments continue would have no grounds to move an account to collections or mark a credit file. The second option, provided there is sufficient evidence to clearly show the bill (considered by VM to be a debt) is unsubstantiated, is to remain in control of such payments and cancel the direct debit when there is a disagreement in order to not immediately be forced to be out of pocket and in the position of having to demand a refund. In my experience companies are fare more pro-active when they think you owe them money, than the other way around. This is likely to entrench the companies position and is usually followed by several threatening e-mails designed to cause alarm about accounts being referred to collections and the threat of having credit files being marked. While marking a credit file may affect the consumer it also carries risks for any company that incorrectly marks a credit file as people have successfully claimed against companies should it affect the obtaining of credit in future. Provided there is jusitification, indicating to VM that their claimed debt is unsubstantiated and in dispute should result in a halt of any collections procedures until the dispute is resolved. As a show of good faith one could continue to pay what you think is owed until the dispute is resolved. -
By BankFodder · Posted
Well it's up to you what kind of job you want. We have advised you that you are entitled to get a job that is equivalent to the quality/condition of your vehicle. Personally I agree with you that I wouldn't want dent simply filled either. They are charging you £60 for the quotation. That's very reasonable. They suggested that you should not have contact your insurance company. They are wrong because if later on it turned out that you had an accident and your insurance company discovered that they had not been informed about a previous incident, it could be a basis for declining liability. I now suggest that you write a letter to the neighbour and tell them that as they know, they cause damage to your vehicle and that you are proposing to have it repaired and you are now seeking quotes. Tell them that you will be providing them with copies of any quotes that you receive so that they can understand why's happening and also they can comment. Tell them that there is likely to be a fee for the quotations and that you will be adding that the final bill and you are now giving them a few days to respond and to comment. Tell them that you have already contacted the BMW repairer and they have told you that it will cost £60 for a quotation. You are letting the neighbour know in advance. You can tell your neighbour in the letter that they can avoid those fees if they are prepared to accept verbal quotations. However in the event that they don't reply or that they object then you will pay for those quotations and as you have said, you will be adding it to the bill. It's very important that you lay down a paper trail so that they are informed every step of the way and they are made aware in advance of any expenses which you are incurring on their behalf. -
OK, Thank you -
By honeybee13 · Posted
Hello Darius, welcome to CAG. Please start a new thread of your own so we can advise you on what to do. This thread is for advising italianpink. Best, HB
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
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Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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