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By Titchytitch · Posted
I have had the complaint directed to the ombudsman who has not upheld my complaint aviva have set a policy up I my name whereby ny brother claimed he was my husband hes made payments all his details just used my name and address and made me main policy holder ive not spoken to aviva at any point theyve happily set the policy up hes reversed all the premiums and now they're holding me liable as its their procedure taht anyone can set a policy up anyone can make payment and anyones email address can be used, my identity hasn't been verified a policy investigation was done whereby my sibling has submitted the documents hes stolen some of my ID and was dealing with V5 certificates online I never received these but im not sure if hes set up a PO box to receive my post I have no idea the whole policy was controlled by him the ombudsman has clarified this but regardless has not upheld the complaint and doesn't feel aviva have done anything wrong , how does this protect me as a consumer this opens anyone up to anybody taking insurance without their knowledge Is there anything I can do or is that it whatever the financial ombudsman has said goes? Not only will I have to pay his liability I might also end up with default the ombudsman has given me till the 11th May to accept or reject her decision . What happens if I reject it as I don't agree with her decision Any direction will be much appreciated -
Hi all..no it did not come unfortunately. The ‘seller’ Tim emailed me with the date of delivery then he rang my son yesterday asking how we all are!! He then said we would be last on the list for delivery yesterday.. My husband called him and Tim told him to ‘stop stressing’!! The car was ready to be delivered and would be with us. We offered again to collect then he said it was in a lock up and couldn’t get to it..!! Eh??? Then he called my son at 6pm yesterday to say he could not come and he would deliver it today(Tuesday 20th) as no other jobs on and 100% guarantee..!! We know it’s not coming.. I told my husband not to call him anymore as it’s making him feel really poorly which is not helping.. Oh dear we have been scammed..We found 2 reviews for Tim and his company from 2015 and one said he took his money and never received the car and the other said he ripped him off and that person had started court proceedings..
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Sue for damages AND a mandatory injunction. Then they can’t get around it by offering damages alone to bring the case to a close.
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By honeybee13 · Posted
This looks like the same email address, a warning from the UK FCA about a clone firm with the name. https://www.fca.org.uk/news/warnings/north-state-clone-fca-authorised-firm
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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 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-
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