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    • Thank you for your very quick response.    I am asking for (almost) a full refund, in that I am asking for monies paid to him ( I paid over this due to directly paying for certain materials eg steel beams, planning applications, engineering calcs and drawings etc)  however, I anticipate that I won't get the full refund and am realistic about this.  I just did not want to ask for the amount to rectify and then him bring it down so that I am having to pay a lot of that too. Ideally he will cover the cost of rectification, plus consequential losses plus some to cover inconvenience.   I have had 3 independent quotes for the rectification of the works, coming in at £22-26, 000 including VAT.   The main issue is the roof in the loft, the windows and patio door replacement and the ensuite shower room needing taken out and replaced due to lack of water tight-ness and drainage issues.   I anticipate that the whole roof will need replacing and possibly some of the wooden structure of the dormer due to water ingress. all the decorating will need redoing which isn't included in the costs and I will also likely need temporary accommodation.      I have not got the kind of money to fix this, all the money I had was spent on this works. I am not covered by my insurance as they say this is a consumer issue, they also aren't permitting me to use my legal cover, which I am pursuing with the financial  Ombudsman service.     I don't believe a loan to be an option for me as I will be seeking one for IVF.   From speaking to him whilst he was doing the job, he does have money- kids in private school, nice house, flats they rent out, decent cars etc but whether the assets are in his name I do not know, how would I find this out?   Do you know what the type of inspection would be or who I would approach to do such an inspection?    
    • Hi DK, i put in my defence that I wish to show a video entering the car park and pictures to show the T & C.  They are there but it would be dangerous to stop the car and read these as they are at the entrance to the car park you cannot safely walk down to them to read    There are no signs where the driver parked. And no T & C at the pay stations.  I believe no contract can be enforced because you cant read the T & C .  
    • I have this morning received from the County Court Business Centre a Notice of Proposed Allocation to the Small Claims Track. Should I do anything other than fill it in requesting my nearest County Court? Clearly I won't be requesting the mediation service.
    • It would be helpful if you could simply produce a skeleton – bullet pointed – chronology of your letter because it's rather a lot to go through. I do understand that you are asking for a refund of the entire cost of the works. If this is correct then I think that this is unachievable. Presumably some of the materials which have been supplied and some of the installation is useful and at the very least you would have to pay for those. The starting point here would be to get an independent inspection – maybe two independent inspections – of the quality of the work and to make a report as to the problems. You would then need a couple of independent quotations for the costs of repairing the defects to the standard which was expected when you first commissioned the work. If you could get loans, then we can take it further. The fact that the builder is not limited liability company is important to the extent that they are not able to phoenix themselves – meaning that they not able simply to go into liquidation and then reappear under a similar name but escaping their legal liabilities. On the other hand, if you find that you're going to have to you bring the claim then you are going to have to identify the builder – and any assets – and preferably any property that they owned. Can you do this? Also, it will be in your interest to keep this issue to a figure less than £10,000 in order to keep you within the small claims limits for County Court claims – otherwise you risk a fair amount of costs if you happen to lose the case
    • Thanks for opening SO,  nothing since May as you saw before I received a debt collection letter from a 3rd party.   As they got no response ON CHRISTMAS EVE I received  a new 'CLAIM FOR DEBT' containing a handy 'previous case notes' from a court appeal that went wrong. They include an affordability schedule, they have upped it to £182   They are sending the letter in accordance with Pre-action Protocol for Debt Claims (PAP) contained in the Civili Procedure Rules (CPR) You have 30 days to complete the enclosed or possibly face court acton.   'If you ignore this letter and fail to respond proceedings will be issued against you and may increase you liability for costs"   I can then tick a box saying A,B,C,D  etc.  I owe the debt, I owe some of the debt, I dispute the debt, I dont know i owe the debt,, I will pay buy need time, Im getting debt advice, I h ave provided docs,  i need more docs or info, sign and send back.   Ignore or respond?   Cheers!    
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Damaged Post - The Royal Mails liability ?


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Hi There,

 

I received a package from Germany in the post (I live in England). It was very badly damaged, the jiffy bag had actually been bent in half so much that it had burst open, with its contents hanging out. The contents to me is extremely valuable, it was a letter from a musician who I am a very big fan of, which was very personal and also signed. To me this is priceless, but understand that it doesnt have any real monetary value. However there were also two signed CDs in the jiffy bag which were damaged.

 

I wrote to the Royal Mail to complain and received a default reply stating that under "Universal Post Union" rules claims should be sent to the postal provider of the country from where the item was sent.

 

However, I believe they still have some responsibility for ensuring the package was delivered in a reasonable condition. The very fact that the jiffy bag was not bagged, or taped up, or repaired in any way really angered me, as it was so obvious that the contents were in danger of falling out.

 

Has anyone else had similar situation ? Did you escalate it further ? Does the Royal Mail legally have any liability for this sort of thing ? Or does full responsibility lie with the postal provider who was sending the package. Surely the royal mail should deal with the complaint and escalate it to that provider on your behalf ?

 

Any ideas ? Any advice would be appreciated.

 

Thanks

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Surely the royal mail should deal with the complaint and escalate it to that provider on your behalf ?

 

No, it's the other way round. UPU guidelines state that any claim has to be made in the country of posting, and then if necessary they will escalate it to Royal Mail. The two postal authorities will decide liability between themselves but regardless of that, the sender still needs to make the claim in the country of posting.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Actually, further to my previous post... the guidelines dictate that the complaint needs to be made in the country of origin, it doesn't necessarily state that it's the sender who has to make the complaint, so you could try complaining directly to the postal authority, but they may advise you to instead contact the sender for them to complain.

 

The contact details taken from the UPU website are as follows:

 

Deutsche Post AG

Headquarters

Charles-de-Gaulle-Strasse 20

53113 BONN

ALLEMAGNE

 

fax: +49 228 182-70 99

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Barracad, thanks for confirming this. I just needed to know either way, or if Royal Mail were doing the slopey shoulders thing.

 

The problem with contacting the sender is that he's quite an established & famous musician, and what he sent out to me is quite a rare occurance, and for fans its a real collectors item. I would feel a bit of a plum going back to him and saying "thanks for my ultra rare letter and signed CDs, they turned up damaged, could your find time in your business recording schedule to write and complain to the German post office"..etc..

 

Thanks for providing the address. That is very kind of you. I will write to them with scans of the damage and see how far I get. Much appreciated.

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  • 2 weeks later...

I can tell you from my own experience that Deutsche Post refuse to communicate with anybody but the sender.

 

An established & famous musician employs an agent to cope with this sort of thing, though appearances are deceptive.

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