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    • They are certainly crafty sending a letter out knowing time would waste away being christmas period.   Im strugglign t fill out the q&A as it was so long ago when they started sending me this rubbish, im not even sur ei have copies of their documents  - once they went to the debt collection route i knew all hope was lost for them.   I have 3 days to respond, but ill see what i can find , they also dated the letter 16th of December which is wrong, it didnt arrive until the 24th.
    • Also, we would be very pleased if you could post up their defence – in PDF format. Thanks
    • In fact I just responded to you by email – that what would be very helpful even if you can't disclose the settlement here, would be if you would possibly give us some bullet pointed notes about the mediation and how it went. I'm particularly interested to know if you came under pressure from the mediator to make compromises. What with the various stages of the mediation? I think this information will be very useful for others
    • Yup, safe to ignore,    Yup the 3 letter process is pointless   Yup, for goodness sake make sure they have your current address in writing, (if you've moved since taking the debt)
    • Letter going off today.      On the 25th February 2008 I received a letter advising that I was in an unauthorised overdraft position and if I failed to comply with a balance reduction plan the bank may demand full payment of the outstanding balance.   On the 21st August 2008 I was served with a statutory termination notice pursuant Section 76(1) and 98(1) Consumer Credit Act 1974 stating that on 05th September 2008 the bank was to terminate the agreement.   It is accepted that if a person fails to settle their account after receiving a termination notice the bank is entitled to register a default on the their credit file.   However, instead of registering a default the bank registered the account as a status 6, which shows that payments are 6 months in arrears. The ICO’s Technical Guidance on filing defaults with credit reference agencies states that. A record showing a series of payments as six months in arrears when this does not reflect the real payment history should not be used as an equivalent of a default.   The filing of a status 6 instead of a default meant that damage to my credit status was not just restricted to 6 years, the damage continued and consequently both myself and partner have had applications for credit rejected.   The bank has admitted that had it followed due process and registered a default the same would have fallen of my credit file in 2014. I therefore allege that the bank negligently filed incorrect data with the credit reference agencies, the consequence of which has resulted in damage to my credit status/worthiness and reputation. The damage has extended to my partners credit status by association.   The processing of my data is neither fair nor is it accurate. The bank has breached the First and Fourth Principle of the Data Protection 1998, the First and fourth Principle GDPR (2018 DPA). The bank has been negligent, failed in its duty of care, failed to to abide by the FCAs principle 6, “treating customers fairly”, and has disregarded the ICO’s technical guidance on filing defaults with credit reference agencies.   In order to satisfy my grievance and pursuant Article 17, 82 GDPR respectively, I require the immediate erasure of the incorrect data on my credit file and compensation for the damage the same has caused as outlined above.   Yours Sincerely          
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Incorrect item sent, who is responsible for return postage?


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Yup, got a screenshot of their website with my reg number and the parts offered to fit the vehicle.

 

Actually just had a look on the box. CarParts4Less add their own sticker. Under the description on the sticker it states "clutch kit for VW/SEAT AGZ". So I'm covered in regard to them making the mistake and being unaware that this clutch will not fit a SEAT.

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Unforetunately, online retailers flout the regulations, they treat their customers like 'mushrooms', they expect to get away with it, lets see what the Card Provider has to say.

 

Actually just had a look on the box. CarParts4Less add their own sticker. Under the description on the sticker it states "clutch kit for VW/SEAT AGZ". So I'm covered in regard to them making the mistake and being unaware that this clutch will not fit a SEAT.
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Marvellous! Just heard back from my card issuer (Halifax) and they say there is nothing they can do. Chargeback only works if I had not received the goods. They argue, that I have received goods that I ordered and paid for, therefore, CarParts4Less have kept their end of the contract!

 

CarParts4Less even refuse to speak to me now. I fear if I send the clutch back, they will come up with more excuses and I will never see my money again.

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Hi TheV5

 

Ask Halifax to send you their Terms and Conditions on Chargeback and Section 75.

 

Marvellous! Just heard back from my card issuer (Halifax) and they say there is nothing they can do. Chargeback only works if I had not received the goods. They argue, that I have received goods that I ordered and paid for, therefore, CarParts4Less have kept their end of the contract!

 

CarParts4Less even refuse to speak to me now. I fear if I send the clutch back, they will come up with more excuses and I will never see my money again.

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I'll ask Halifax for them. The first guy told me that if the item that turned up was incorrect, then I could claim and then after emailed the David Nicholas, I get told that I could only claim if the item did not turn up. I was also told that the CAB, Trading Standards etc know that you can only claim chargeback if an item does not arrive. Does it make much difference if the card is a Visa Debit?

 

I have also written a letter to CarParts4Less pointing out their T&C's and that they state I have to pay if "I cancel the contract" and what they need to do if the item is mis-represented and copied the OFT statement.

 

So now, it's a waiting game!

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Visa Debit allows Chargeback. When you order a a specific product as you did, that is what you should receive. What you've been told by Hailfax is nonsense. So as long as they send you anything but what you've ordered it's fine, that's a joke.

 

I'll ask Halifax for them. The first guy told me that if the item that turned up was incorrect, then I could claim and then after emailed the David Nicholas, I get told that I could only claim if the item did not turn up. I was also told that the CAB, Trading Standards etc know that you can only claim chargeback if an item does not arrive. Does it make much difference if the card is a Visa Debit?

 

I have also written a letter to CarParts4Less pointing out their T&C's and that they state I have to pay if "I cancel the contract" and what they need to do if the item is mis-represented and copied the OFT statement.

 

So now, it's a waiting game!

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It took me 3 letters to get NatWest to do a chargeback on an item I bought someone for Christmas, so it can take quite a bit of effort on your part to get your bank to do a chargeback. They eventually did it, but I only know that because the money just appeared in my account- NatWest didn't bother writing to tell me that they were doing this. If you persist, I'm sure you'll get the right result for you.

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  • 5 weeks later...

Finally this has been resolved. Carparts4less collected the item via a Eurocarparts driver. Got the full refund today. I wrote a very harsh letter pointing out the various legal terms for they are responsible and pointed out the floors in their own T&C's.

 

Not impressed with their service in any way and also the banks conduct in this issue.

 

Many thanks to all your input and helping out with various legal points :)

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