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    • good Morning and HNY CAGGers!   i hope that you are all doing well considering the situation.   I never beleived that it would simply go away but its been a while since i heard from the parking charges.   This morning we received a Letter of Claim from CST Law for both of the parking charges for £160 each.   we have 30 days to respond before they go legal!   Pleae can someone advise where to go from here?   Thank you
    • Unfortunately the garage manager, helpful as he is, doesn't want to be drawn into court cases etc. So would rather not make a statement.   He said they have basically installed the turbo using the wrong screws. So it has worked it's way loose causing damage to the gasket. I have the gasket and the screws.   It was refitted using correct screws from ford.   They have said iv have driven my van for 6 months before complaining. I had no choice and was complaining in the meantime and being fobbed off.   There was also a short period when the screaming stopped. So obviously I just let it go, as I was very busy at work.   So In between being fobbed off, being busy at work, inconvenient times, short period of no screaming, and realising that I need to take action and what I was going to do about it, 6 months elapsed.   Is the 185.01 my only loss? Mediator says they have said its my only loss as the 480 I'm claiming for paid for the installation of the turbo. And this would of had to be done anyway  
    • I've just spoken to the independent garage who repaired the turbo. The told me the turbo was poorly fitted resulting in the gasket burning. So the initial installation was poor. It's not about the money, it's about the principal. I don't really need the money - or the stress of a court case. But they have handled me poorly and I'm very unhappy about it. I think I will proceed.  
    • Yes it's a bit of a journey. They didn't offer this £185 at the beginning did they? It's absolutely correct now that it will depend on evidence. You will have to be able to persuade a judge that the gasket failure was the result of a poorly fitted turbo. You don't have to provide 100% conclusive evidence. You simply have to demonstrate that it is more likely than not that there shabby fitting of the turbo resulted in this additional damage. I would have thought that it would be fairly easy to persuade the judge of this because clearly they have been negligent and so the consequential damage I think is absolutely foreseeable and the judge will tend to go with you. However, I think that you would need a statement from your contact who would say that it is likely that the gasket blew because of the poor fitting of the turbo – or else that your contact would say that a gasket failure would be the typical result of a fully fitted turbo. I think it's up to you to decide now. You put in a lot of hard work getting this far. You can take the £185 and your costs – which isn't too bad although it will see you out of pocket by about 300 quid. There is clearly a risk of losing the lot if you proceed to a hearing but I would say that the risk is not great – and that you have a better than 75% chance of winning. There is also a chance that if you decide to proceed to hearing that they might eventually cave in and pay you out rather than go through the hassle. I suppose a lot of it depends on how badly you need the money and how well or ill you can afford to lose £185 plus costs which is yours for the taking.
    • 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.
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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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Definitely ignore them, there is absolutely ZERO they can do, less for sending out pathetic computer generated letters stating untruths that they are about to carry out "legal action" when in fact the only legal action they will find themselves doing is defending themselves in court against the charge of fraud!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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