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    • If the judge agrees that they are responsible for the consequences of the poor fitting – then yes, the judge will most likely award the entire amount of £480. There are two things to persuade the judge about: that the gasket blew as a result of the poor installation of the turbo that the cost of the work replacing the gasket was not excessive – in other words it was a reasonable cost. Of course we will support you in that we will give you advice and help you prepare – but of course at the end of the day the case is yours to win or lose. You know that we are thoroughly on your side. As I have said already, it will really help a great deal if you can get some garage mechanics to agree that the poorly fitted turbo would be likely to result in a blown gasket. If you have got the evidence – the old gasket and the bolts – then that will be very helpful. But you will have to do a good statement – and do some pictures. The way to do this statement would be to describe what has happened and then when you come to the turbo, for instance, you put in brackets (picture number one). When you come to the bolts, then you do the same thing (picture number two). Et cetera. That way you have a concise readable statement which references the pictures which should be stapled to the back of it. Also of course you will produce the bolts and the gasket in court. I think what will also be very helpful is the fact that the garage attempted to avoid you and to refuse to deal with you. I don't think the judge will be very impressed by that and this will assist you a great deal.  
    • seems more and more confirmed that Trump appointees delayed and restricted Capitol Police and National guard efforts to address expected Trump(Orange)/white supremacist attack on Capitol Hill     https://www.nytimes.com/live/2021/01/26/us/biden-trump-impeachment
    • there is no template but as you say you saw the FTMDave reply ...
    • think it might need a bit of fluffing out. but look like the basics are there    
    • Good morning DX  good to see you!   i saw the same post too so thank you for sharing!   I am not that great with snotty letters etc, any pointing of where to get an idea/template from?   happy to type something up but I have no directing in which way to take it.   appreciate it!   Gee
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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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Hi, hope you can help me I've just made a claim through my insurance for fire damage in my garage. They have agreed to the claim and are willing to pay out but initially they offered it all in Argos gift card but after declining they now offer part in Argos gift card and the rest on a maestro card. Can they do this?

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What they are offering you is in fact a cash settlement and therefore they should offer you cash, not vouchers.

 

This is from the FOS ( Issue 10)

 

Policyholders should be allowed to choose where they purchase a replacement and they are entitled to a cash settlement if they cannot find an acceptable alternative. In such circumstances, we would not regard it as reasonable for the insurer to make a deduction from the cash settlement to represent any discount it would have got if the policyholder had bought a replacement from one of the insurer’s nominated suppliers. Nor would it necessarily be appropriate for the insurer to offer vouchers to the policyholder. If the option of replacement is not available, then the only way in which the insurer can indemnify a claimant is by a cash settlement.

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you can ask for a cash settlement - but be prepared for them to reduce the settlement to what they pay (as they'll almost certainly going to get a discount from the voucher supplier). Providing the goods can be replaced, this is perfectly acceptable

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I have accepted the offer on the condition that I can take some cash from the Maestro card.

 

Is the Maestro card a debit or credit card, will they be able to see what I have purchased on it? if so if its not an item that was specifically listed will they query it?

 

I've lost on the claim as it is because with will not replace any car related items and as its a garage fire, it was mostly car stuff the got damaged!

 

Thanks

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