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    • Well if you have got crime reference number that's a good start. You should be recording your calls and you should not rely on calls which are apparently recorded by others – especially not the police who will always be very reluctant to disclose any information even under a statutory request. When you are on the phone to anybody you should make sure that if there is something you are not clear about you should ask them to repeat it so that you can make notes. Read our customer services guide. The police are correct – as I have already pointed out – the car belongs to you and so if it is sold to somebody else then it is stolen. If it is not given to you then it is stolen. You should always in all your dealings with anybody refer to the fact that your car has been stolen.
    • Incidentally, a brief word – for you, but also for anyone else who visits this thread. It's a word about insurance. By requiring you to take out insurance, they are effectively asking you to protect yourself against their own negligence, their own breach of contract or the criminality of their own employees if stuff get stolen. This is extraordinary and it is part of the culture of the removal business and I have no idea how this culture came about and it is now accepted so meekly as the natural way of things by people who use removal services. There is exactly the same culture in courier services so that companies such as DPD, DHL, UPS – and particularly Hermes require their customers to pay for additional protection in case the service that they have already contracted for and paid for is not carried out. Amazing! It doesn't stop there. Extended warranties. If you go into any Currys PC World, if you buy any computer or washing machine or fridge from them or anywhere else, some salesman will chase after you and ask you if you want to buy an extended warranty. So for extra money you can buy an insurance which will apparently cover you in case the item you have bought breaks down within a certain amount of time – normally three years or five years. Incredible! You already have perfectly good statutory rights which will cover you for most of those situations over the foreseeable reasonably expected life of the item you buy. What they are all doing – whether they are removals, couriers, sellers of white goods and electronic goods, is effectively getting you to pay for rights which you already have under statute or under ordinary contract law.  
    • Thanks. How much did you pay for the insurance? AnyVan is declining responsibility because they say that the items did not go missing "in transit". They are wrong. Clearly the removal company took charge of the items and disassembled them. This must be the case because you have received part of the item and it is only part of the item which is missing and that means that they were already under the control of the removal company. In my view that puts the items squarely "in transit". I am quite certain that no judge would simply say that "in transit" refers only to the time that your items are in a removal van. This is far too limited. And in fact I notice that in the summary of terms which you have linked us to:     Clearly insurance cover applies from the moment that the collection begins right until the delivery is finished. However, even if they accepted this point, there are still other ways that they can say that the insurance does not apply to you Looking at the policy which you have linked us to, I see that first of all there is in excess of £50 and that means you have to pay the first £50 of any claim. According to you, you have only lost about £35. Are you saying that the entire book case is worth £20? It seems very little to me. The second thing is that they say that lost items are not insured unless they are listed with their value. Presumably that hasn't happened in your case. On that basis, it seems to me that the insurance doesn't cover you anyway. I do agree that I think you've been treated disgracefully and I don't think that the lack of insurance is any bar to making a claim. If you would like a bit of fun, then we can help you make a small claim in the County Court to recover all of your losses directly from them for their breach of contract/negligence. Of course they won't be used to that kind of treatment – but do you really care? The chances of succeeding if you are prepared to go to the Small Claims Court are better than 90%, in my view. You would have to play a claim fee that you would recover that when you won your case. Of course in the event that you lost, then you would lose that claim fee and also a hearing fee if it got that far. Frankly, for this kind of money I would imagine that they would put their hands up once you issue the papers and they realise that you are serious and it was going to cost them much more money to defend it then simply to pay you out. In addition to getting your money back and delivering a slap, you would acquire transferable skills so that you could confidently in the future sue anyone who got in your way. What's not to like?
    • Guest
      You think I haven't emailed their CEO do you the first thing I did after putting my complaint in not for the first time either he totally ignorant he replied to my first email on the first case but had his assistant handle it not him   this company is the worst ever and they talked me into getting these very unsmart meters that are supposed to save me money yet because I m on PYG smart meters I pay more money than those who get monthly or quarterly bills yet I have already paid for my energy   yet there are hardly any other companies who will take on these meters and wont save me money at all for those who would give me an account but only online which is no good what so ever my problem with EON is their website they keep shutting down on weekends and their app only works when it wants to making it even harder to top up my meters   this has been going on since 2019 when I won my first case and still going on now and they wont help me with it yet they had the cheek to phone me yesterday but the idiot wouldn't listen to what I had to say so I hung up and wouldn't answer him calling back   besides he broke the law be phoning me as I have only allowed them to contact me through email and letter only and now they are saying I never replied to them with-in the 21 days which he is lying.  
    • I’ve been given a number that ends with a c..I didn’t get her name but she went and asked her Supervisor, the calls are recorded and she definitely said we had a case but to give him a last chance for today and see if is good to his word..then to call him and tell him that we can now report him to the police..   Because he has made so many promises to deliver and has not refunded on request then they will take action this time as he is out to deceive..   Funny today that our car has disappeared from his adverts so it’s gone somewhere..could he have sold it again?? but it wasn’t his to sell..and the police have stated that..   the plot thickens..a very expensive lesson we have learned from all this and how not to buy a car!   I will keep you all posted and so many thanks..    
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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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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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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Hi,

I'm after a bit of help regarding a Small Claim I lodged (up here in Scotland) for an implement of an obligation against Dodge (as in the car manufacturer).

To cut a long story short they carried out some work via a manufacturers safety recall on my vehicle, which obviously i had no choice about getting done. Part of this was to update the software on the ECU which caused a conflict with the central locking. Basically they admitted the programme wasn't compatible with all models of ECU but wouldn't remove the software because it was part of the safety recall that was carried out. They said the only way to rectify the fault was to change the ECU for a newer model compatible with the software. Dodge refused to pay for this even though it was their fault. After nearlly 10 months of phone calls, arguments etc etc their best offer was to give us £500 towards the cost of a new one, which was rubbish when the part alone is the best part of £800, obviously with fitting costs on the top of that. In August i raised a small claim against them for them to basically fix the car, cover all the costs of this and to pay me compensation for the 10 months of messing about, phone calls etc. The papers were served on them on 30th August, and they received them and signed for them on 31st August as i checked this on the Royal Mail website.

The return date for the case was october 6th, but surprise surprise we heard nothing and neither did the Sheriff Court. I.e the defender failed to lodge a response by the return date. As soon as the court opened the following week i took down my form of minute requesting the decree to be served on them because they failed to respond in time. As if by magic, 3 days later - 7 days after the return date i had a phone call from their solicitor saying that they were going to file a late response due to an "administrative error" and apparently they wanted to go to court to defend themselves.

My question is, are they allowed to do this? I assume they mean that they will be asking for a recall of the decree on friday when this goes to court? Surely the Sheriff will throw it out because they haven't even actually lodged a defence regardless of whether it was on time or not? All we have got from the solicitor is a copy of their summons with no statement of defence on it other them asking us to quantify the expenses and what we are claiming for. What exactly is the law? :sad::mad2:

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I'm afraid they will be likely be allowed a late defense. They will need to lodge a defense for e court to recall the decree .

 

The letter received was it headed at all? l

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