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    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been mistaken. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
    • I've come up with a fairly detailed statement.    it seems to me that I could reasonable argue that the school provided half (or whatever) of the services they were supposed to, so I should pay half.   The question is should I just put that sort of reasoning (admission?) in my statement? Or, should I be concentrating on asking them to prove their agreement with me? 
    • Are these plates ‘special’ (to be £60, instead of £30-odd)?   If so, what ‘special feature(s)” do they have?
    • you've already dealt with the DN issue  ignore cohens they haven't a clue just trying to harass and intimidate 
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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 moved out of my rented house two weeks ago and my landlord is witholding my deposit of £1800 as he says that there is damage to the property that needs rectifying. The damage he refers to is a small chip in a glass door that occured when we fitted a new, secure lock to the back door and some scuff marks on the wooden floor.

 

Whilst we do not dispute that this damage is there we are concerned that our landlord is making what is quite minor damage sounds much worse than it actually is and is trying to get more money from us than is necessary.

 

Our landlord asked us to move out for 5 weeks over the Olympic period as we lived near to the stadium. He and his wife moved in for this time and undertook some work to the house. He saw the damage to the floor and back door when he was living there and mentioned it to us when we moved back in but didn't seem overly concerned by it. When we moved out in July and then back in again at the end of August no new inventory was carried out. Would he be able to prove that the damage was caused by us when he lived there for 5 weeks?

 

We think he is being greedy; on moving back in he increased the rent by £300 pcm so it wouldn't be out of character.

 

I hope someone can offer some advice! Thanks, Nicola

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What type of let did you have?

 

Is the deposit protected? If yes, just open a dispute. If no, then inform the landlord that he has 7 days to return it or you will proceed to court action for the deposit plus a penalty of 1-3 times the amount as per the law.

 

Your LL is going to have an extremely hard time proving the damage was caused by you when he was in the house during the term of the tenancy and did not bother to do an in/out inventory at that time.

 

The increase in rent is also odd during the term of a tenancy.

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was the tenancy agreement an ast?

Why did you move out? did he pay compensation?

Rent cannot be increased during a contract period or within the first twelve months.

you need to make a claim for your deposit fron the protection scheme or if not protected, write to LL asking for it back or you will seek court action to recover.

As said above it should be protected and subject to compensation to yourselves, but that may take some to enforece.

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Thank you for your replies. We had an AST that ran from Feb 11 to Feb 12. At the end of December 11 the landlord indicated that he wanted to do some work on the house during the summer but was vague about exact dates so when our tenancy expired in February we refused to sign another one until we had confirmation in the form of a written contract of his arrival and departure date, and that he would be responsible for bills, breakages etc. We finally had this in June and never did sign another AST, our tenancy was referred to by the lettings agents as a monthly rolling contract.

 

In August when moving back into the house the landlord informed us that he had undertaken various rent appraisals with different letting agents who told him he could achieve another £80-£120 per week for the house. He told us that he wanted us to sign another contract for 6 months with the same letting agents we were using for another £40 per week but that he wanted to swap to Foxtons after the 6 months.

We moved out as we were already paying £1300 pcm for the house which is 2 beds; I am glad we did as I have seen it advertised with Foxtons for £1700 pcm!

I have emailed him today to explain that I expect a full return of the deposit; if I open a dispute how long does it take on average to receieve the deposit back?

Thanks, Nicola

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when did you actually leave and were the correct notices given?

I pressumw from this the deposit was protected, but you have to claim it back from the scheme, they wont know you have left until you tell them.

So if you have not done so tell them now.

You should get it back within 14 days unless LL wants to make deductions, and if you do not agree the amount etc., they should still release the amount not in dispute.

You can then use their ADR service if LL agrees etc.

Suggest you look on their website to view dispute procedure.

Netheir you or the LL have to accept ADR and can go to the court to resolve.

Any deductions must be fair and take into account fair wear and tear etc.

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