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I feel it was mis sold because it was sold using the fact I'd constantly scraped the curb with my previous car (which is true) so was a given that I'd need and use it (the warranty) however with the style of the tyres on my new car I could scrape the curb all day long and it wouldn't affect the alloys because of the style of the tyres. This was never explained to me and was pointed out some months later by another car salesman -
By Gemma19194 · Posted
The photograph is not the same van. Yes that's right, so as he proceeded to continue to pull out he then stopped his van -
By BankFodder · Posted
I also asked you whether the image which I posted above might be a photograph of the same van. You haven't addressed that question -
By BankFodder · Posted
Hang on, I've had another look at the diagrams. I now understand that you swerved left into the inside of him and then into the parked car behind him. This means that he must have been extremely prominent into the oncoming flow of traffic. Clearly he was trying to cross the road in order to drive off on the side of the road opposite to you. Somewhere I saw that he was apparently stationary. Can you tell us more about that please. -
By BankFodder · Posted
Please post the images of the damage. I don't understand that if the van was pulling out for your left that you swerved left because that would take you towards the van. I would have thought that you would swerve away from the van – swerve right
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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-
- 25 replies
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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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