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    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
    • Hi UncleB, thanks for responding. I did call them back and it appears to be hit & miss with Devitt and dependent upon which Customer service agent you get.   Spoke with a very pleasant lady and told her that I, like them recorded all calls and gave date time of call and specific time at which a green card was stipulated in order for me to take out the policy.   *Two days later a hard copy of the green card landed on my doorstep. *Free of charge too.
    • Have you received a Parking Ticket? - Private Land Parking Enforcement - Consumer Action Group   please complete the above then we'll be best placed to advise further but the bottom line is no and don't ever appeal.    
  • 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
      • 25 replies
    • 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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Returning Faulty item to Ebuyer, shirking responsibility.


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Hello All,

 

I wonder if you smart people can give me a bit of advice. My mother in law recently purchased an LG TV from Ebuyer. It arrived fine and worked for a few days. However within less than 10 days of arrival the item fizzed and smoked, which is obviously an electric fault/issue, it failed and had no picture. She turned it off and unplugged it because it was a fire risk. She called Ebuyer the next day to explain her issue and was told to contact LG for a reference number and then to contact them back to get an RMA number to return the item, and they would arrange to collect the item from her through their couriers.

 

She told Ebuyer that she did not have the original box, obviously she didn't anticipate this issue ( she's old :) ) and therefore she didn't have original box. She was told that as long as she 'sufficiently' packaged the tv for returned that they would arrange a new one, fix it or refund it. Both she and my husband 'sufficiently' packaged the item with newspapers, bin bags, cardboard to protect it, and then placed all that in a tight fitting box and ensured that all angles were covered.

 

The couriers came to collect the item and promptly throw it into the back of the van and started to throw other things on top. Then a couple of days later she gets an email to say that the item was damaged during transit and therefore invalidates the warranty and that they will not be looking into any other issues and sending her back the tv.

 

As you can imagine, she paid £300 for a telly, which had an electrical fault, but Ebuyer are using the excuse that even though their own contacted couriers damaged the item, that she is responsible and therefore will not be covered by any warranty. Surely this cannot be right?

 

'Sufficient' packaging is subjective for a start. My mother in law did not send the item back through her own means but their the contract courier of Ebuyer. No where in the terms and conditions, returns policy nor on any emails does it state that any items not returns as per their 'returns guide' will invalidate the warranty. Surely any cosmetic damages made by their courier cannot be the responsibility of my mother in law? And lastly, the so called 'cosmetic' damage by the courier does not negate the fact that the item was faulty in the first place.

 

My mother in law has made a claim through paypal whom she paid through. We want to fight this all the way. Surely the law assumes that the item must be of satisfactory quality and fit for purpose and of course it could not have been at the time of purchase when an electrical fault happened within days of purchase.Also the item was of course a safety hazard as it started to smoke. That is not normal for any television.

 

this is their returns policy: http://www.ebuyer.com/help/returns

it has their guidelines and returns policy. I see nothing about invalidation of warranty or that the buyer is responsible for the safe return of faulty goods. And surely guidelines are just that... guidelines. No where does it say you MUST return items in a specific way.It's all full of should's, we recommend etc....surely they cannot contact someone to something that is not in their terms and conditions?

 

Any help or information you can give us we would be grateful.

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  • 1 month later...

I'm sorry that nobody has replied to you sooner. I am new on the forum. I can't really help because I am having problems of my own with ebuyer's refund/replacement policies. Did you get anywhere with this? Its so frustrating when a company does this sort of thing. I am only about £5 down but I want to fight my case because of principle. Ebuyer surely cannot treat customers in this way and get away with it. They deserve to go bust.

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Paypal arent the most helpful of companies as they arent UK based and dont understand that they are supposed to operate under UK law for business conducted here so you may not get the result you would expect.

I would write to the seller and point out that the couriers were contracted to them and not you so any damage they caused is down to the seller to sort out and that under the Sale of Good Act you are entitled to a full refund or a replacement and if that is not forthcoming you will take any necessary measure to recover your money, including court action. Give them a week to refund or respond positively and if they fail to do so make a claim against them using the County Court small claims procedure. Name the proprietor or any director of the company on the claim form, along with either the registered address or the address listed in the directorship.

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