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    • Appears to me that the school will evidence that there was a contract in place as you paid for several years of schooling.  There is then a period when you were unable to pay the school fees and the argument is about the performance of the contract. Because the school could not provide the education services in the normal way, they will have provided adapted service, with remote teaching being provided using online video and electronically providing course work.          
    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
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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
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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
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Hi there

 

I resonantly agreed to use a letting agent to manage my property. I received an email from the agent 4 days later after new tenants moved in that a contractor has already completed maintenance in respect of cleaning for removal of rubble and received an invoice of £220 which will be deducted from the next rental collection. When I instructed the agent to handle the rental of the above property I was not given any details or phone call of other charges.

 

As per the ingoing inspection & photographs...the property was left in a terrible condition by the outgoing tenants (unfortunately I didn't use a letting agent with previous tenants and let down, but that's a separate issue)

 

The new tenants could not take occupation of the property prior to cleaning & rubble removal. Therefore the office proceeded with the cleaning & rubble removal as a matter of urgency, in order for the new tenant to take occupation. The agent states there was no alternative but to have the property professionally cleaned & for the rubble to be removed. (I agree, it need to be cleaned but the agent should have notified me by email/phone as per the agreement to give my consent)

 

The agent states that under the circumstances they were acting on the landlords best interest & to accommodate the waiting tenant had to act quickly. Therefore this is an exception but the contract does not allow for any exceptions.

 

I believe the agent is liable for the cost, however there are two clause stating

 

1) Attend to do repairs and general maintenance of the premises as authorised by the landlord from time to time

 

2) The Landlord authorises agent to incur reasonable expenses relating to the general upkeep of the PREMISES for which the LANDLORD may be liable in terms of the LEASE AGREEMENT, and to set such expenses off against monies collected by agent on behalf of the LANDLORD from time to time. It is expressly agreed that the reasonable maintenance expenses referred to above shall be limited to £100.00 (plus VAT) per occurrence. If any repairs are reasonably expected to exceed this amount, payment of such expense must be authorised by the LANDLORD.

 

My concern is after indicating these two clause to the agent they now are treating this agreement unfairly. The agent confirmed that they will not hold the landlord liable for the entire cleaning & rubble removal invoice, £220.00...but only for £100.00 as per clause of the authorization.

 

I am concerned about this as the agent treated this issue unfairly; the agent did not follow protocols and have breach the contract. By all these acts, what will the future hold for their next defence when dealing with any issues in a prompt and professional manner if they already acted dishonest and caused me severe problems?

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Hi and welcome to the forums.

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Was the rubble clearing and cleaning significantly overpriced? Would you have cleared and cleaned it yourself had you been advised? If the answer to both is no then the letting agent has made amends and saved you £100 in the process. Accept their apologies and tell them to make sure they don't overstep the contractual boundaries in future.

 

I would also count yourself lucky that they didn't ask the cleaning company to issue two invoices; one for the cleaning and one for the rubble removal. That way you could have been legally obliged to pay the whole amount.

 

Finally, I wouldn't question the honesty of the letting agent on the basis of this scenario alone. Agreements of this nature will often vary the reasonable expenses threshold depending on the rent, so it's more likely to be an honest mistake on the part of the agent (a mistake they have paid for!) rather than a deception.

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The alternative would have been to organise the cleaning and rubble removal (rubble?!) at your own expense, before you turned over responsibility to the agent and agreed for them to commence a new tenancy. Or you could easily have lost income while the agent arranged cleaning on a slower timescale, to the letter of the contract. If your agent has found you a decent and reliable long-term tenant by getting them in sooner rather than later, they will actually save you money in the long run, especially as your experience of direct letting has clearly not been a good one.

 

You admit that you wouldn't expect tenants to move in before this had happened, so I'm not sure there's much to worry about here!

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The compensation for a breach of contract is the amount of money you have lost.

 

In this case, had they not breached the contract you may have lost the tenants, and you would still have had to pay for the work.

 

Therefore it may be reasonable to say you have lost nothing due to the breach of contract, and therefore have nothing to sue for.

 

Make it clear to the agent what you expect from them and hopefully they will keep you in the loop in future.

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Also Agent's prompt action in removing rubble and cleaning property prob saved a claim from prosp Ts for breach of Contract (property not avail on due date) conpensation for temp alt accom could have cost LL £50 p day.

Whilst monitoring agents charges is good, in this instance they deserve a letter of thanks IMO (small skip prob cost £100+ to hire)

"... if they already acted dishonest and caused me severe problems?"

 

Were you going to refuse their estimate, sort it yourself or just leave it? thus causing angry new Ts.

Your severe problems? £220 is prob only 2 wks rent and poss recoverable from prev Ts deposit.

 

How long have you been renting?

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