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    • Yes, I suppose you’re right. I’ll keep it general whilst still answering the questions. The retailer is a precious metals dealer based in London. The item I purchased was Gold. It was shipped within London.  
    • Well I think now you need to give us the information we are asking for so that we can properly advise you. You asked for general advice before – having given as general information. Now you want specific advice – in order to do this we need to have specific information
    • This is what I suspected. One thing I should say is that I paid via Bitcoin. With this in mind and the fact that I have waited a total of around 10 days now from the expected delivery date. What should be my next course of action here? Should I wait further or contact the retailer asking for a refund / replacement of items I purchased.
    • The retailer is immediately responsible. There is no need to wait for an investigation by the courier company
    • I’ve omitted these details for now as the investigation is ongoing. I was seeking more general advice as to if an item purchased online is not received, am I as a customer required to wait for the courier to pay up a claim or is that purely the retailers issue? Meaning the retailer should refund me or send me the items I ordered regardless.
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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
    • 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

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When you say 'creation of a new tenancy', from my understanding, because my AST is now a monthly rolling contract, the tenancy is ended and immediately renewed every month?

 

AST Date in the contractual terms: 03/10/2011 - 03 April 2012 fixed term and monthly rolling thereafter, date signed 16/11/2011 (because my particular contact was always sick so only got it to me late).

 

Date of S21 Issue: 22 July 2013

 

in section (4) Date of expiry, it reads: after(4) sunday 29th Sept 2013, or if the alternative date stated below is different, after the alternative date. The alternative date is the first date after this notice was given to you which is:

 

at least 2 months after service upon you of this notice, and

which is a date not earlier than the end of the fixed term

 

I might have it wrong, but the dates don't seem to tie up?

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almost Raydetinu should be 2nd October..

 

However I would not inform them that it is incorrect, so IF they do try to act on it, they will eventually find out and have to start again with another 2 months notice...

I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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Actual dates may be incorrectly expressed, but they appear to have tried to use a 'saving' phrase -

"in section (4) Date of expiry, it reads: after(4) sunday 29th Sept 2013, or if the alternative date stated below is different, after the alternative date. The alternative date is the first date after this notice was given to you which is:

 

at least 2 months after service upon you of this notice, and

which is a date not earlier than the end of the fixed term"

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Your tenancy is not 'renewed every month".

 

I agree with Mariner - the LL has tried to use saving words - and it is clear from the wording that two clear months notice is being given. So long as the LL starts his action after 3rd October (and he's not done that and we're in November), he can point to the fact that he had the saving words which indicated two clear months was being given. If he can persuade a judge of that - the notice will be valid. Depends on the judge however, as a s21 notice cannot be dispensed with.

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What about the grief it caused by not giving two months? To me this just feels like another attempt to make my life difficult. As some of you might have seen, I've had quite a 'joyride' (sarcasm) with this bunch of 'fly by nights' and quite frankly I'm getting sick of it. I should literally only hear from my LA once every year to do a property inspection, yet I hear from them on a weekly basis despite telling them that I wish to be left alone. I'm getting really tired of all of this obscurities which keep arising in contracts, paperwork, letters,disconnection between the LL and LA (as they seem to be operating independently now from each other) so I'm feeling a bit side-winded...

 

Yes the option is to leave and yes, I'm looking for someone, daily.. No, it's not easy to find somewhere at the moment, this is the issue. On that note, I'm literally sat here with this S.21 gun against my head, them causing all this grief yet not being able to do anything about it because they could act on it.

 

Surely that's a form of blackmail? or I have no idea, but it sounds a bit iffy...

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