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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

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Hi

 

The only place to start is at the begining. After having lots of trouble with Rosendales demanding hundrands of pounds every week managed to get my local council to talk to them and set up an agreement that I could afford to pay each week. Which I have been every week with out fail at the local post office so I had reciets. That was a year ago or a bit less.

 

I moved house 4 weeks ago (still paying Rosendales may I add) and i had servel letters from the council in one day saying diffrent things and a letter from Rosendale saying I had defaulted and they were coming to get goods.

 

I went strate away to my local council and asked them what was going on and what and were I should be making payments too. I also asked them how I had defaulted on my payments when I had recites to say I had paid. The person I spoke to from council tax was also confussed so left me in a side room for 40 min while they found out what was going on.

 

They came back and told me infrontof a witness that I had defaulted cos on week I payed Rosendales the money on the saterday instead of the friday. But they said the good news is that they won't be coming out to your house becouse one of the accounts had now finished and the other one only had £68.00 left on it. They also said there was council tax left to pay on my old house. They wanted me to pay £100 to the council on the 12th of this month and then for the next 5 months on this date. And £68 to Rosendales on the 16th of this month. I asked over and over again if after I had payed the £68 I would not have to deal with Rosendales ever again and they said yes as long as I paid on time. I also asked over and over aain if they were sure that Rosendales would not come out to my house. They said yes and reashured me.

 

So off I went happy and payed both payments on time. This morning Rosendales turned up to my house with 2 Balifs and 2 vans saying they were going to take my things. I was very shocked and conffused and told them that everything was clear. They told me it was not and the I still owe £261.71. So I said I will go and get the paper work the council have given me and all the reciets. I locked the door behind me (after learning what they can do a year ago and being on here) while I got them and showed them to the balif and he said no we have been told by the council this morning to get the money or take goods.

 

I said to them well i need to talk to the council and they said no its money or goods can any one help you get the money? I said no but can I not at least phone the council. He said yes and they waited out side while I phoned the council.

 

The council said they had made a mistake when they told me that the account was finished and in fact I still had £261.71 to pay. I asked them why had I not been told and given the oppertunity to pay it off in instalments or even keep paying the instulments I had being paying in the past. Their response was they had made a mistake and now the money needs to be paid. I told them that 2 balifs were on my door step wanting to take my goods and all I had done was everything the council had asked me too. They said all they could do was tell Rosendales to give me a week to come up with the money in full. I told the council I could not find that sort of money in a week and they said thats all we can do.

 

The council spoke to Rossendales and the baliff said I will be back next friday afternoon for the full amount. You now owe £321.71. So I sai you have charged me for this visit even though it was the councils mistake and he said yes I have to charge you for this visit but I wont charge you for the visit to pick up the money in cash. They then left!

 

I know I just can not come up with the money in a week. Does any one know were I can go from here as it was not my fault it was the councils fault and they admitted it?

 

Also they had a levey for goods at my old house. Can that levey carry over to my new house?

 

Everything is in such a mess and my son has already not recived his birthday precents last week as I was trying to jump through hoops to pay the £100 to the council and a few days latter £68 to Rosendales. I just don't have any money left.

 

Please please can some one help me.

 

Thank you

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do you still have the notice of seizure of goods and inventory

can you list the goods levied

do you know how many liability orders the council have against you

do you know the date the liability order(s) were passed to the bailiffs

do you know the amount of the liability orders

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This is the fault of the councils maladministration and you should not be left paying extra bailiff charges.

Are you on any benefits at all, ie housing benefits C/T benefits etc. DLA JSA...

I think you need to 1. write a formal complaint to the chief executive of the council with regards to how you have been treated. 2. Get in touch with your local councilor and MP asap. You can find your councillor on the councils website and they can be contacted up to 9 pm.

3. Take a trip to your local CAB with all the paperwork you can muster up on this.

You also need to send a letter to the bailiff company requesting what there fees and charges are.

This is totally wrong what the council have done and need to be bought to task.

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