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    • i'd be sending them an sar get all the details and see if his bank has proof of BT cancelling the DD too. then p'haps we can make a complaint......   £800/12 is about £67pcm - thats an expensive deal if this is for BB only and not phone as well & at what speed - i'd expect >70MPS for that deal...was it.?   the issue here is if it is for phone as well BT won't release the line till the debt is cleared if he wanted & should switch - to say vodafone at <£30PCM for the same deal.
    • Am I able to upload it like the earlier ones today? It seems to be easiest way for me to do it on my fone 
    • nothing to do with any warranty or guarantee nor T&C's. and nothing to do with where you kept nor used it.   under the Consumer rights act you are entitled for upto 6yrs to have an item that is fit for purpose.   your item has failed within 6mts so under the CRA it is the retailer responsibility to inspect it and have ONE chance to repair it .. no quibble.   sadly as you purchased the item through paypal with your credit card i don't think you have any rights that way under section 75 of the consumer rights act.   @BankFodder will be around AM to help with how to move you forward possibly by a formal letter but safe to say Sweatband.com are taking you for a fool.
    • It is residential. Not long been self employed, and in between been employed.   Everything was set up by dd. BT even let them upgrade the Internet 2 months ago, but did not refuse on basis bill not paid. No letters, nothing and normally would cut you off after not paying for a month.   Yes they should check outgoings, but young couple, and everything by DD.  They obviously realised they made a mistake by halfing it. Just wanted advice really    I would also like to point out they are very financially aware, he earns good money, just didn't spot it wasn't coming out, nothing alerted him to the fact it wasn't 
    • £800 for one year?? what planet are you on?   i will guess this is residential Broadband not a business A/C?   however i do find it a bit strange that a self employer person does know when or not money is going out of your A/C one month maybe, but to not spot 12mts of not seeing a BB bill smacks of poor financial awareness..    
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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

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Hi PLease some one help me,

I have a friend who is stressing out almost to the breaking point, please help me with giving some advice. Please Please.

 

He got a on a train to work and forgot his weekly travel pass at home which he had already paid his weekly pass to London, which he does every week but simply forgot it that dat, he now even has a record of the payment n his bank statement. When he realised he it was too late, he went to the train guard to tell him but the train gaurd was really defensive and aggressive and said he would have to pay a massive fine, which scared him and for a stupid reason thinking he did not want to tarnish his own name, he gave a false name but his correct birthdate and address!

 

They proceeded to send a fine to the house, but he failed to open the first letter not knowing who the false name was as he didnt register it was the false name he had used as it was just a random name, so then by the next letter, too much of a coincidence he opened it and it was a court summoned for the prosecusion of travelling without a ticket.

 

He is scared that he will get a criminal record by using a false name to the train guard, will this happen? He wants to go to court but it is not his name, he has paid the train pass so he has not illegally got on the train as he has a payment record, but he did give a false name and this is now more of the issue.

 

Please help, what should he do next?

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Yes, there is a requirement under Section 5.1 to show a valid ticket on demand, or pay the fare due if asked, or give his/her name and address when requested.

 

If a traveller fails to show a valid ticket and fails or refuses to pay the fare due on demand, s/he may be charged with an offence under Section 5.3.a of The Regulation of Railways Act (1889)

 

Giving false details to rail staff subsequent to the above is an additional offence that may be charged contrary to Section 5.3.c of the same Act.

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