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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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I have a phone line and calls from this Carrier Pre-Select (but thankfully no broadband).

It was first class for 4+ years under original Primus Telecoms but in Nov 2010 was taken over by NewCall Telecoms and has gone severely downhill.

 

(aside) This was the company that was touted by the Daily Heil in 2011 for bringing its call centre back from Mumbai to Burnley because they could employ people there more cheaply, on minimum pay rates, than the Indian staff.

 

As far as I am concerned no 'contract' exists as it was a continuation of a service I first subscribed to in 2006 with Primus.

However, within the past week I have been unable to make any outgoing calls. Dialling out brings the standard BT response " sorry, your call has not been accepted"

This is actually being increasingly widely reported across UK in other consumer forums.

Added to that, all their service and business lines are NEVER answered. (Dial-in is cut off after 1hour 30 mins waiting) Many have tried, no success yet reported.

Their 'on-line chat' permanently reports the office is closed.

Their web pages are still up, but you can't get a 'human' response to anything.

All emails are only given an auto-response.

(now I know what you are thinking, 'cos I'm thinking it too)

 

So now the legal bit:

I have instructed my credit card provider to suspend all further recurring transactions as it was being paid by CC continuous payment authority. My thought is that should NewCall reinstate and make good their service I will resort to payment upon billing (or e-billing)

 

Ought I to officially inform them, given that they now appear to be completely incommunicado, of my actions in suspending their auto payment method, to avoid future repercussions?

 

(prepare for more posters on this company)

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You still pay BT for line rental right? Prefix 1280 on your calls should put the call on the BT bill (and therefor connected thrugh BT rather than NewCall)

 

Dunno if that info is any use, but I'd rather you have it and not need it than the other way around :p

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

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No, the line rental is included in the NewCall package, and payable to them not BT. Obviously acting as BT resellers.

 

However, it raises an interesting question. Since using 1280 does route through to BT and allows calls to proceed, but I have no actual BT billing or account, where will the call billing go?

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CPS or Carrier Pre-Select means your calls should go through your carrier, and your line rental through BT.

 

If you pay them your line rental you have WLR (Wholesale Line Rental).

 

This is an interesting question... and one I dunno the answer to :p

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

If you can't donate, please use the Internet Search boxes on the CAG pages - these will generate a small but regular income for the site

 

Please also consider using the

C.A.G. Toolbar

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