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    • Thanks. I'm not going back through the thread at the moment – but as long as the laptop was correctly declared and the values correctly declared – then you know what we have to say about insurance requirements et cetera. As soon as your letter of claim deadline expires then click off the claim. One thing that occurs to me – and you might like to find out – is that having declared that it was a laptop of that particular value, would it then allow you to go on to get insurance? That would be quite amusing to find that it was apparently on their prohibited items list – and yet they would still sell you insurance. If you found that out, we could store it away and use it.
    • Hi Bankfodder - I received a response from ParcelHero today.    As per their response to my initial complaint, they are taking the line that 'you were prompted during the booking process that you would not be covered for loss or damage and offered the option to upgrade, however you chose not to upgrade to our enhanced cover and continued with your booking...' They make this point in their letter despite Hermes expressly listing laptops as an item which is not covered under their compensation policy. They have offered (and also paid) a £15 credit into my ParcelHero account as well as refunding my initial postage.    They also note that they provided their limits of liability in the order summary page and which customers are required to accept in order to proceed with the booking.    I'm ready to push the button on the small claim however I very much welcome and appreciate any further guidance you may have.    Thanks, Martin 
    • So I understand that you entered into a contract for home improvements – specifically work on a bathroom. The agreed price was £10,000 and of which you have paid £7500. The work started December 2020 – but the builder doesn't turn up any more. I asked you for a chronology but actually you haven't given us very much at all to go on. Apparently the work is being carried out badly and you have had somebody else have a look at it and they concur that the job has been carried out so far to an unsatisfactory standard. You really do need to give us a little better timeline. You've been with us for 10 years and you know the kind of information we need. In order to give the builder notice, you are certainly going to have to do explain why and also give reasonable notice – unless the job has gone so badly wrong and the builder hasn't been around for so long that you can take it that the builder has breached the contract to the point where it is void. However, so far you have given us this basic information. Once again we need a chronology please – bullet pointed. I certainly wouldn't want to be paying this builder any more. Have you had a detailed written assessment of the problems with the work and also what remedial work it needs and a costing?   Just a touch on the point of the finance – I understand that you took other home improvement loan but I expect that this was secured on your property as you have said and then paid directly into your own bank account for you to provide to the builder of your choice. In that case, the finance company has no particular obligation in respect of the building work. However you manage to pay by bank transfer – to an account which is not even the builders – Big Fail! You certainly haven't helped yourself by this kind of arrangement – although I suppose we have a basis for suggesting that there may be some tax question here. Have you had a proper receipt for the money? Do you know the builder is VAT registered?
    • I think you're somewhat missing the point of the BS marking. It is in place to denote that the plate has been made in accordance with the standard. If your idea was a runner, you could buy any rubbish you wanted to, stick the BS marking and a legitimate manufacturer's details on it and off you go! The regulations state that the plate must be manufactured to meet the standard, not that it must include a sticker to say that it has.
    • so come on CON Whats the justification for requiring photo ID for voting?   We have demonstrated that the govs own figures show that fraud is negligible under the existing system - aka it works VERY well as is,  and certainly nothing to warrant a change squandering even more tax payer money than they already have and are.   Even the populists only allude to the vague claims of potential for some sort of undefined fraud maybe oneday possibly not against the laws of physics  .. even if its demonstrably NOT the case.   So what and where is the solid cost benefit justification for spending even a penny of tax payer money on this?
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    • 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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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My partner's house was recently sold by his landlady to a letting agency. The letting agent gave notcie that he was putting up the rent considerably, so my partner gave notice that he was leaving the property before that happens.

 

Since then, the letting agent has sent letters claiming that my partner owes him upward of £400 in utility bills and council tax. The agreement with the previous landlady was that rent covered water and council tax, and gas and electric are paid through meters in the house.

 

My partner has refused to pay, and the letting agent is now threatening bailiff action. We're confident that if the letting agent takes us to court, we have a viable defence; but at this stage we're not sure how this all works. From what we have seen on the bailiff's website, it looks like their solicitors can easily get a court order. Is that the case? Don't we have to have a chance to mount a defence? How does this work?

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Did LA serve proper notice in writing that they were his new LL and where to pay rent?

Unless he has signed a subs Agreement with LA as LL, then terms of orig T continue. He may have to provide evidence, statement from ex-LL?, that rent inc C Tax & water. Normally, Ts would be resp for C Tax, but not always.

If partner was not informed of change of LL, then no rent was payable. Full due rent would be payable on notification.

LA can serve a s21 after any deposit is protected in an approved scheme AND reqd info has been provided.

Claim for utilities & C Tax would be via debt claim, as these are not classified as rent.

You will have a chance to mount your defence in Court against either debt or eviction (repo)

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further more. Bailiffs cannot get involved until it has been to court, so any threat of bailiffs will be hot air designed to frighten into paying.

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Hi

 

Have to agree with The Carpet Cleaners it letting agency trying to ride roughshot and scar you.

 

Also if possible could you scan you agreement and post up minus any personal detail to give us a better understanding to assist you.

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Hi

Also if possible could you scan you agreement and post up minus any personal detail to give us a better understanding to assist you.

 

Don't have a scanner, sorry. In any case the tenancy document itself is not very informative - the agreement between the landlady and her tenants was verbal (yes I know). The CAB tell us though that once the tenancy agreement runs out and changes to a rolling monthly one, it is deemed to continue in the manner in which it was run in practice. Therefore, the terms on which the landlady was actually running the contract hold, and we do have some evidence in that regard (though currently not as much as we would like).

Meanwhile, letting agent has keys and can therefore let bailiffs in peaceably. He also has ample time to request 24 hour notice to come in before my partner moves out on Saturday. I understand that he can only use private bailiffs to collect rent arrears - anything else will need to go through court - but in practice, how do we deal with it I he calls and attempts to introduce bailiffs? If we call the police, whose side will they take? What information should we be requesting to see?

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He may have to provide evidence, statement from ex-LL?, that rent inc C Tax & water.

If we can get a statement from ex-LL, what form should this take so that it is legally valid? Should we get a witness, or do we need to involve a lawyer?

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What is a private bailiff??

 

No such thing.. A bailiff can only be used if a debt has gone to court. Any one and I mean absolutely anyone who calls round for money and you have not been to court is NOT a bailiff. If they use any sort of threatening behaviour get the police immediately. They will be on your side, as debt rent or otherwise is a civil matter, and anyone demanding money with menaces is not legal. He could get a debt collection agency, however if they turn up at your door, you do not have to open it. You can also revoke their implied licence to call at your property, and therefore next time they call it is legally trespass.

 

Without anything going to court, it is all bully boy threats, and should be ignored or reported.

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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I would imagine a simple statement from the ex LL would be sufficient. Make sure she signs it at the bottom with a statement of truth.

 

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