Jump to content


  • Tweets

  • Posts

    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
    • The US president rejects claims that unemployed Americans have less of an incentive to find work. View the full article
    • Hi Toum   We really need more info, like :-   Nature of the goods you were expecting to be delivered. What does the seller have to say about the failed deliveries and the delivery with missing content. Are there still items you can track which may be delivered.
    • You'll hear from them as soon as they learn the DD is cancelled !!   Re timescale for how long they hound you, impossible to say. However, once you learn to properly ignore threats, demands, etc, it really doesn't matter.   Keep us posted.
  • Recommended Topics

  • Our picks

    • 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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2890 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello,

 

I wonder if anyone has had a similar experience with being constantly disturbed by viewings in a rental property and can help in telling me the best way to deal with them.

 

My landlord is selling the flat I live in and as I am in the process of buying a property I can't move out as I would have to sign into another minimum 6 month contract elsewhere which isn't practical.

 

The property has been on the market for over 2 months now and he has it on with 2 different agents. They booked 3 viewings at 10.45am, 12.45pm and 3.15pm last Saturday and so I was disturbed 3 times. As I don't want this to happen again I have now asked that 1 agent does a block viewing between 1pm and 1.30pm and the other agent does from 1.30pm to 2pm. Both agents have agreed to this but to be honest I wasn't expecting the viewings to go on for this long and I think the flat is over-priced in the market which is why they aren't getting any offers after all the viewings they have done. This means I will continue to be disturbed every weekend for an hour for the foreseeable future.

 

I text my Landlord last Friday to ask if he thought it was fair that I was to be disturbed 3 times on a Saturday - my weekend and the only time I have to relax and he completely ignored me.

 

They also do viewings in the week and usually email in the morning to say thy have a viewing that day and as I am at work I tell them it's fine and to go ahead.

 

I am working from home today and have just had an email at 12.30pm from one of the agents saying he is coming at 3pm today to do a viewing. I have checked my tenancy agreement and it says I have to have 48 hours notice for someone to gain entry to my flat yet I am allowing them to do the viewing so as not to be obstructive. I was also working from home last Friday and exactly the same thing happened.

 

As I am being constantly disturbed in my home and not enjoying peaceful enjoyment of it - do you think I am entitled to ask for a rent reduction? I pay a lot of rent to live here and resent doing so now that it is being invaded on a daily basis.

 

Any help or advice you can give would be very much appreciated as I am going to write to my landlord to tell him I am unhappy with the current situation and paying full rent. This could go on for months and I have been extremely accommodating so far - even changing plans 3 times to meet with agents for them to measure up and take photos - which really isn't my responsibility but the landlord's. He doesn't seem to appreciate it - rather I feel he is taking advantage of my good nature now and am very fed up with the whole situation.

 

Thank you in advance for any help or advice you can give :)

 

Pickles18

Link to post
Share on other sites

First of all you do not have to let them have viewings at anytime if you don't want them to, even if they give you the required notice.

So suggest you do it to suit you, say once a week at a time that is convenient.

NEVER let anybody in if you are not there. If they have keys, change the locks.

Link to post
Share on other sites
First of all you do not have to let them have viewings at anytime if you don't want them to, even if they give you the required notice.

So suggest you do it to suit you, say once a week at a time that is convenient.

NEVER let anybody in if you are not there. If they have keys, change the locks.

 

Hello, Thank you for your response. I didn't realise I don't have to allow viewings at all - do you know if that is legally the case? Also - I am not allowed to change the locks as a condition of my tenancy so I can't do that and tbh I don't mind them coming in during the week whilst I'm at work as it means I don't have to be distrubed in the evenings when I am at home. I don't want to be obstuctive becasue I know my landlord really needs to sell to buy the property he currently rents but I think it is unfair that I am being disturbed all the time and still paying full rent. Do you think I should request a rent reduction as this has been going on for over 2 months now - I often have friends stay at the weekend so would prefer not to do viewings at all at the weekend - am I within my rights to not allow them to unless I get a reduction in rent? The problem is I am afriad to ask for a rent reduction in case they give me notice to leave but then I suppose they are not likely to be able to rent it out again whilst it's in the process of being sold so I guess they would lose out on a rental income altogether if they did that. At the moment it seems I am doing all the work and being constantly disadvanatged whereas my landlord isn't being inconvenienced in any way and this doesn't seem at all fair to me. Kind regards, Pickles18

Link to post
Share on other sites

see below;

“Protection from Eviction Act 1977”

Section 1

Unlawful eviction and harassment

s.1(3A) (as was amended by the Housing Act 1988) which states:

"the landlord of a residential occupier or an agent of the landlord shall be guilty of an offence if he does acts likely to interfere with the peace or comfort of the residential occupier or members of his household."

The individual carrying out any inspection will be personally criminally liable, and could face arrest by the police on the above charge. Likewise the agency as a corporate entity may face criminal investigation.

Also any attempt to enter the premises without your consent will treated as, as a matter of civil law:

a. trespass; and

b. a breach of the quiet enjoyment clause under the tenancy agreement.

 

A LL is entitled to do inspections on a regular basis say once every three months or if he has to do emergency repairs that's all! anything else is up to you.

As for the locks, change them, as long as you put the old ones back, or give the new keys to LL when you leave. ( why do LL or LA want them anyway, its your residence ).

LL or LA would be unwise to enter property unaccompanied by yourself as that would leave them open to anything. ( things going missing, damage etc.)

 

As for rent reduction, you can ask?

LL can issue you with a S21 notice at any time, but would need court order to evict.

Link to post
Share on other sites

Hi,

 

A lot of tenancy agreements do state that the tenant agrees to allow viewings in the last month of the tenancy, with notice of course. I assume yours doesn't refer to this? Where are you on the tenancy agreement because you mentioned you are in the process of buying yourself.

 

DD

Link to post
Share on other sites

Yes, it must be at the tenant's convenience, but I was wondering if Pickles and his landlord have gone beyond the original agreed term of the tenancy and are doing it on a month by month basis. Certainly he can ask for a reduction in rent. I'm just trying to find out his position: Are both Pickles and the landlord allowing the tenancy to continue on a month by month basis until the landlord sells, or can Pickles give just one month's notice if his purchase goes through first?

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...