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By 2Ridgebacks · Posted
Yes no indication that it was a private sale until we asked for our money back under right to reject. With regards to repairs, the only outstanding defects seem to be slight misalignment of ns wing, overspray on components inside engine compartment, but we were able to find out some of the parts replaced from Toyota, such as ns wing, bonnet, front bumper, front grill, A/C radiator, inner flitch plate which is poorly finished and front bumper support. That doesn’t count as Immaculate to me. -
By BankFodder · Posted
It's most unlikely they will reach out to you at all. Any offers will be made at mediation. If they agree to settle your entire claim then of course you will have to accept it. Why should you not want to anyway? Other than that you seem to understand your position quite well -
By BankFodder · Posted
You say that you've had an inspection which has confirmed the damage. Have you had the vehicle inspected generally to identify the defects? On the basis of what you have told us I don't see why you shouldn't be able to rely on the right to reject – but you should understand that simply because the consumer rights act provides for a right to reject, it doesn't replace or supplant the common law of contract in any way and so you still have your general contractual rights. In other words, regardless what the RAC say – you still have excellent rights. We are finding that the right to reject under the consumer rights act seems to be pretty toothless and is generally ignored by most traders and people still find that they have to litigate. When I say it was there any evidence that it was a private sale and they were simply selling on behalf of somebody else, I mean for instance was that pointed out to you in the original advertisement or by the dealer who should you run the vehicle? If there is any basis upon which they can argue that you are fully aware that it was a private sale then it makes things a little more tricky as far as contract law is concerned – you wouldn't take the benefit of the consumer rights act although you can still fall back on the common law of contract. It will make things easier all round if there is absolute no indication that they were selling for a private seller because on that basis, it is a trade sale regardless. -
So, if I understand correctly from reading other cases on thia forum, I need to monitor MoneyClaim so that I can apply for judgement the first moment it becomes available. This will be in about 14 days unless they acknowledge the claim in which case it will be 28 days for them to come up with a defence? If understand correctly, Hermes might contact me and offer to pay fraction of a cost of the mobile phone they lost/stole, if I drop the action - and that I should refuse this offer. Hermes might also contact me an offer to pay the full cost of the mobile phone + all my court fees – and I should consider accepting this. Hermes might put in a defence so that the matter is then drawn out and I will then receive a questionnaire which I should complete. This would ask you if I wanted to enter into mediation – and I should refuse mediation or should I agree for mediation to take place? It will also ask which court I want the hearing to take place, and I should indicate my local court. I should pay the hearing fee to continue further, as Hermes may well be waiting to see whether I am prepared to pay the hearing fee. If I pay the hearing fee, then Hermes will realise that I am serious and they are looking at a court hearing. At this point they might contact me and offer the full amount + court fees. Do I understand the sequence of events correctly? Thanks. -
By 2Ridgebacks · Posted
Not sure what evidence there could be , it was advertised on Autotrader, and we bought it! We are not trades people and are retired.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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