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By Homegirlxx · Posted
Hi got a penalty of £300 to pay by 21st may 2021 can they still take me to court? Not had notice to pay about overpayment yet?? -
By 2Ridgebacks · Posted
can you explain 'single file multipage' please. I am having difficulty converting some files to PDF, Adobe says 'not supported file' I do have however the advert transcript provided by Auto Trader in PDF format. I can confirm that we were not given an invoice, the invoice the RAC have seems to be a fabrication and it is not signed by us. They also produced an HPI check, which again we were not given, supporting the fact that they were un aware of any damage, interestingly it is dated 7.4.21! I will attach this too. We were only aware the dealer was selling for a third party when we sent a letter rejecting the car. -
By Feelingdownandout · Posted
the items were clothes mainly : work suits, DJ, ties, belt, coat, day jacket, jumpers, shorts, t-shirts, trainers, football socks shin pads, ski jacket and walking boots etc etc - the stuff that he didnt take while he was packing to leave. (albeit i did pack alot of stuff the day i threw him out and there was not as much as hes claiming) the TV wasnt working and it had glass in the screen and i was told it wasnt worth repairing so i took it to te rcycling centre, there was a sound bar that i broke be stepping back onto the glass on it and the sub woofer. there were some pictures as well, some glazed, some canvas, i text him (and i have this message and proof it was delivered) and asked him to collect his stuff and i gave him a weeks notice, or I would assume that he didnt want it. he called me to say he wanted it - but he wouldnt agree to collect it. he just went silent. i just couldn't cope with it anymore. his step mother said she didnt want it - that it was nothing to do with them. i am now being threatened that i have broke the law, and that he is going to have me dealt with.... womens aid are now on board, as much as i love him, i just cant deal with this. hes accused me of selling his stuff to furnish my house. which is a lie. i work full time. and i have my own money - what little of it i have left. i am knee deep in debt and he is making no offer to reimburse the money that he 'borrowed' from me year after year. i need help -
By BankFodder · Posted
While the items were in your charge, you had a duty to make sure that they weren't unnecessarily damaged and that they were reasonably stored. in order to get rid of them, I think that there was an obligation on you to give him notice that they should be collected. This notice should be a reasonable amount of time probably between 7 days and 14 days. It would be very wise to have given this notice in writing but for instance if you have given it by way of text message then that is fine as long as you keep the text messages and if they are simply on your telephone, you should find a way to take copies and store them elsewhere. Printouts are a very good idea. Once you decided to get rid of them, you would normally have been required to sell them for a reasonable price and then to reimburse the owner of the items with the money that you earned for them -after deducting your reasonable expenses incurred getting rid of them and also any storage charges. If you have broken laws then you don't need to worry because you certainly haven't broken any criminal laws although you might have opened yourself up to a small civil liability depending on what the items were, the notice that you gave him, and their value. Maybe you could tell us more about the items. Also, if you get any threats about action in respect of these items then I hope that you understand that we will help you all the way. I also think that you should be discussing these debt with my site team colleague because you may well find that you don't own nearly as much as you think you do or there may be better ways to deal with them. -
By Feelingdownandout · Posted
i asked him to collect it ..... he didnt...... i disposed of it already.... i had a full meltdown
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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