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    • which company are you dealing with?   they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee. your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills. after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.          
    • You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that. However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR    
    • When I get my order confirmation  it does say guide price with a red * beside it and at the bottom of the order says the price you’ll be charged is the price on the day of delivery or collection.
    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Carers Allowance worry.....how much trouble am I in?***Resolved***


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Megamog

stop worrying. as said they will suspend the benefit, as you have told them about going over the limit.

they will look at the case, ref to DM, you will not recieve CA at this point, when they have decided what weeks you werent entitled they will raise the OP.

put your CA into payment and send to Debt who will recover it weekly...

 

Now how on earth can a letter IUC be coming you only told them this week.... :)

you have admitted everything and sent them proof so what would be to gain anyway for them

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Hi Mikey. Thanks again for your reply I know worrying doesn't help and I keep tellin myself it was a honest mistake and I know they don't prosecute ppl unless they suspect outright fraud which I didn't do I have been claiming CA since my son was about 3 and this is the first little job I have had since having him and we became aware of his Autism I just wish I had done my homework a little better and not caused this bother for myself Thanks again you really do help me think straight :)

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Hi guys. Post just been and I have recieved another letter from CA it is dated 30.8.12 so a day before they recieved my letter and paperwork it is identical to the first letter I mention in my first post on this thread except there are 3 boxes crossed one is "your national ins records show you are working for xxxxx" the other is " if you earned more than £100 in any week from 05/04/10,after taking off alloable expenses you will not get allowance for the following week" and the last box is " if you are working now and earning over £100 a week , you must not cash anymore cheques . If your carers allowance is paid into a bank we will stop any further payments " this letter wants my reply by 18/9 it's exactly the same as the last one except that one didn't ask the question about 05/04/2010 I didn't start work till May 2011 what should I do with this letter? It has overlapped with mine I think could they have stopped my payments because I didn't reply quick enough rather than having recieved my letter as I thought? Thanks guys

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Hi guys. Just a little update nothing to report I haven't heard anything yet and I didn't recieve carers again this week I'm hoping no news is good news I don't know whether they have contacted my employer I haven't heard anything from them either but I am in at 4pm thanks guys

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Hi guys. Nobody said anything at work to me yday so I am assuming CA haven't been in touch with work hopefully that means they are happy with my letter and stuff do these things normally take this long? Thanks guys

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Hi guys. Still not heard anything I kind of want to ring and ask what's going on but in scared of what they will tell me or that I will get someone really annoyed with me :-/ don't know what to think and the stress is creeping up again :( thanks guys

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Still nothing.......surely if they wanted to speak to me I would have heard by now? Just don't get what is taking so long I am worried every time I go work in case they have heard from them and they now view me as untrustworthy :( not good I made a honest mistake sorry to keep adding to this thread with no real news just worried thanks guys

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It can take weeks/months for an investigation. This thread only started on 25th of August. I know it feels like ages to you as your thoughts are obviously all consumed with what's going on, but this really is early days probably.

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Hi thanks for reply. I'm not really sure what they would be investigating I write a letter and sent proof of my mistake and the letter I recieved never said I was being investigated I guess I will have to wait and see thanks again

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Hi guys. Little update I have rang carers today the waiting was getting too much I spoke to a nice lady she said they had recieved all my paperwork my CA has been reinstated as from the 3rd Sept they will also pay me the 2 weeks I have been without it she said that should be in my account a week on Monday.....she said I will hear separately from the overpayment dept they will arrange to take the overpayment out of my future CA she said it does say in my screen you MUST inform us if you do overtime again I told her that isn't a problem because I won't I asked several times if the overpayment dept is as far as it would go and she said yes that i shouldn't worry she did say you will recieved form that will give you more idea if what's going in and I asked again but j will just have to pay it back and she said yes I'm a bit confused about the form she spoke of but it looks like I may have been very lucky thanks guys

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Hi guys. Finally had my letter from carers they also paid me the 3 weeks I have been without it , I'm a bit confused tho because when i got work to work out the weeks I had earned over the limit I counted 18 weeks although it could have been 20 I wasn't sure if a cpl of hours took me over my letter however says from the dates on the letter they are saying I wasn't entitled for 52 weeks way over half the tins j have been working does anyone have any idea how they could have come to this? Thanks so much

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Hi guys. I rang Carers yesterday just to clarify the way they have worked out the overpayment she said because I get paid 4,weekly they look at it over a 4 week period so for instance if u earned over the 400 in feb then I wouldn't have been entitled for the whole if march it does mean the overpayment is a lot more than originally thought but she did still say i had to wait to hear from the overpayment dept I apologised again for my mistake and told her I never purposely meant to mislead anyone she said that no one was suggesting I did and just to wait for a letter will this still just be an overpayment? Or could they decide to do something else because the way they work it out means I owe them more ? Thanks guys all this is very worrying

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I can't say for sure as it will depend on the person and department dealing with it but I would think it likely they will deal with it as a simple overpayment. That is bizare the way they worked out how many weeks, I guess it could benefit you if you earnt £104 one week and £90 for all the others iykwim but that is complicated.

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  • 2 weeks later...

Hi guys Finally had my overpayment letter I have to pay back £3163.00 :( very not good but I am lucky it hasn't gone any further than overpayment and I am grateful for that....I was wondering how I proceed with organising a repayment plan? We are not flush deffo can't afford to pay it all off at once do they send income and expenditure forms? Fit this amount what kind of monthly repayment would they want? Thanks for any and all help

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  • 4 weeks later...

Hi Guys

 

Just thought i would update i have written to the debt recovery dept and offered 50 per month i am hoping that they will accept that as we are really struggling at the minute i will keep you all updated

 

Thanks Guys

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Hi Guys

 

Just thought i would let uou all know that this is sorted i have recieved a letter today saying they are going to take 19.48 from my carers allowance weekly till the overpayment is paid back i am very relieved i am still very annoyed with myself for getting in this mess but never again i would like to thank everyone who commented on this thread and helped me keep sane you really did help maybe one of the mods could change the title of this thread for me thanks again people you are all angels :)

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Thread title amended to reflect your result.

 

Well done meg&mog.

 

Andy

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Thats really good news..when honest mistakes are made it's good to hear the right result,payback at a sensible rate.

Lillibelle

 

I only know what I know cos I know it,I only give advice,I'm not legally trained nor do I pretend to be.

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