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    • 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 them 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.
    • 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...    
    • I organised the postage myself via Packlink but parcel was organised by an associate in Hertfordshire.
    • Hermes advised me that Packlink were my contracted supplier so I should claim through them, Packlink tell me that Hermes were the contractor so I have filled out claims forms for both via Packlink customer (no) care !!!
    • The screenshots aren't really relevant so I will leave them off
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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

Threatened with Warrant of Possession - HELP!!!!!


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hello - new to this so please excuse if it rambles on.

 

Ok we were in severe mortgage arrears which we paid off in total - have been told that the suspension order is still in force.

 

Due to the mortgage arrears being paid off - we had to try to get our finances in order - paying the water, having electricity & gas meters fitted.....which meant we didn't pay the mortgage for the past 2 months.

 

We sent a letter to the mortgage company explaining - and also to query the suspended possession order.

 

We had no reply back from Mortgage company and yesterday received a notice of warrant of possesion being issued - after speaking to the mortgages company - no eviction date has been set - but they want the full arrears £1,600 to prevent eviction?

 

The guy on the phone at Salt was really not interested in any offers - we could afford to pay £800 this month and a further £800 next month - we would struggle with everything else but we could do it.

 

I don't know what to do - i will try to phone them again tonight see if we can come to arrangement???

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Hi Linda

 

Welcome to CAG

 

The guys will assist shortly.

 

Thank you so much! I may not be able to reply over weekend as these are sent to my work emails....any help would be fantastic - hardly slept last night.

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Hi there

 

8-) Shelter advice line really helped us!

 

Homeowners who need expert help with mortgage arrears or are facing repossession can now contact a dedicated telephone advice service run by Shelter.

 

Unlike many services advertised in the media, Shelter’s homeowner helpline does not sell financial products - our advice is free, impartial and confidential. As experts in housing law, we have been given Government funding to provide this free service.

 

The number of homeowners coming to Shelter because they are struggling to pay their mortgage has more than doubled over the last year. If you are finding it difficult to afford your monthly payments, please don’t let things get to crisis point – it is never too early, or too late, to get advice.

 

All calls made to this number, including ones from mobile phones, will be charged at a standard landline rate.

 

The service is open from 8am – 8pm on weekdays and 8am – 5pm at the weekend.

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oops and the number is...0300 3300 515 (the number might help!)

 

thank you for your help so far appreciate it PPI Insurance!

 

Just feel our mortgage company won't even listen to us now - we don't even owe £2,000!

 

but i will give Shelter a ring on that number (thanks for that) and see what they suggest

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