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    • I thought I would modify the wording of the particulars to reflect the partial refund, please let me know if there is anything I need to amend   Breach of contract and/or Conversion, unfair trading the claimant used the defendant's delivery service reference number 6200157247452489 to send a parcel containing a laptop computer value £719.10 to a UK address. The defendants damaged the parcel and then destroyed it with no warning to the claimant and without authority. The defendant's actions are Unfair Trading within the meaning of the Contract Protection of Unfair Trading Act 2008. The defendant partially reimbursed to the value of £300, as per insurance taken out by the claimant. The defendant refuses to reimburse any further. The claimant seeks £519.10, the remaining value of the laptop plus a maximum of £100 damages for conversion in the discretion of the court: total £519.10 – plus costs
    • sadly both yourself and HSBC do not understand how the hacking works. google pay IS CPA its not a DD. if it was a DD , where is the copy of the Direct debit mandate you signed...there isn't one ..   last break this down..   disputed payments - 4 November 2020 <> 3 February 2021 for the total amount of £2,621.44. The disputed transactions took place using four of your HSBC Debit Cards. - i doubt you said using 4 cards at all.   notice carefully they fail to mention what the you stated in post 1at ALL.   in November of last year, as when I was out shopping I found out my card had been suspended by HSBC. I was then contacted by the bank informing me that the account had been hacked, so HSBC then issued to me a replacement card.   but have said: The debit card ending 0297 was created on 23 August 2019 and was sent to the address we hold on file. The card was stopped on 17 December 2020  ...they are hiding something here ..a fatal bank mistake.   nothing HSBC has put actually means anything, it's all twaddle proving they have never even thought about CPA on card 1. even the Roblox IP comment and google play transactions can all be explained because....   i suggest all this stems from your sons gmail account being hacked, them being able to read all the emails in/out on the gmail online portal and thus being able to log-in to google pay , get the 1st cards details from funding source page..away they go.   all of the fraudulent transactions thus made via google pay to ebay etc and o2 or a account that got setup via the 1st card before it got cancelled in december....   pretty simple when you break it down.   rather than you typing things up it's much better to scan letters etc to pdf please. if and when you do SAR HSBC then all of the above can be proved.    
    • Good evening all.   I thought I would start a post here so others can follow it from start to finish to see how it all ends as reading posts on this forum have been invaluable to me so far and I want to contribute.   I'll deliberately leave specific details out due to the case still being open. I will say that the guitar is worth several thousand pounds.   At the start of April 2021 I booked a Hermes collection through Parcel2go, to return a guitar back to the store as I wanted a refund. The store policy where I purchased the instrument from is that you have to organise the return yourself. I usually use a more reputable courier but only two were available.   I did declare the instrument for it's true value but I did not take out the extra insurance offered as it was several hundred pounds and I knew Hermes would not pay out due to it being on their endless list of prohibited items.   My parcel went out for delivery over a week ago. Apparently it was not delivered. The tracking states it was later scanned again at the depot, where no further updates or changes have occurred.   Prior to collection I took photographs of the instrument, pre and post packaging so I can show that it was definitely properly packaged and labeled in case anything like this was to happen.   I have since contacted Hermes several times (impossible by phone, all done by the online assistant on their site and then email responses following on from that) and have finally been informed that they have lost it.   I have submitted a claim through Parcel2Go as this seems like standard procedure, plus Parcel2Go state they will investigate but I'm sure that's only asking Hermes where it is and getting the same answer. The payout offered is the basic £20 fee as standard by Hermes.   I have every intention of going as far as I can to get all of the true value back as I understand that they have a legal right to ensure that they do not lose or damage goods shipped. Any advice or guidance offered here could be the difference between achieving that goal or being very upset.   I will update you to let you know if anything changes.   Status right now: waiting to hear back from Parcel2go in regards to the claim    
    • You must rewspond to it and its best with a snotty letter.  
    • HSBC already say google pay is NOT CPA, DD= CPA, and they said the system not allow them to stop any google pay.   DX is not i dont want to listen to you, but they insist said anything set on phone is NOT CPA.    when i change the new card but the info on phone still keep old info, I did try before, i couldnt pay anything via the phone, so where gone wrong?
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    • 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
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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!
       
       
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I would like to ask some questions about selling the house we currently have on the market.

 

This relates to the buyers and sellers form we need to fill in.

 

It asks if you have made any complaints.

 

I made a complaint to the local Council about a mobile mechanic doing up cars on the side of the road.

 

The house is in my partner's name and he didnt make the complaint - but do we need to declare anyway?

 

Secondly it asks about have you had any disputes?

 

Yes with the same mobile mechanic. He has caused problems to the off road parking (matter resolved with police help), and we've had anti social behaviour off him.

 

Can we just state that we do not get on with him due to a clash of personalities without giving too much away??

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It's a legal requirement, so don't fall foul of the law by giving any misleading information.

 

If problems occur later and the buyer has been given no reason to believe there were any problems, it can result in legal action being taken.

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It's a legal requirement, so don't fall foul of the law by giving any misleading information.

 

If problems occur later and the buyer has been given no reason to believe there were any problems, it can result in legal action being taken.

 

Bit wrong though dont you think, i mean say you buy a house now for 200k in a nice new built road, and in 20 years you want to sell it, the road has become somewhat rough and you have had trouble, through no fault of your own, and your property is now only worth £150k, Is that fair or right

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You could take the literal meaning of the wording if it says 'have YOU had any cause to complain', but make sure it don't also say something like 'or know of'.

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Hello there.

 

I'm also wary of being economical with the truth, I'm afraid. I found this from aol when I did a google search. This is the first paragraph.

 

Don't be tempted to lie on the Property Information Form – because it could come back to bite you.

 

http://money.aol.co.uk/2013/06/10/what-should-you-declare-when-selling-your-home/

 

I'll ask if our legal guys know about this, but otherwise you might be better checking with your lawyer.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Here's the Law Society pdf of explanatory notes on the property information form. I think section 2 is relevant.

 

One of the things it mentions is that you should mention anything that could lead to a dispute in the future. From the notes:

 

This section aims to provide information about any existing disputes, or complaints or anything that could lead to a dispute in the future.

HB

Illegitimi non carborundum

 

 

 

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Hello there.

 

I'm also wary of being economical with the truth, I'm afraid. I found this from aol when I did a google search. This is the first paragraph.

 

Don't be tempted to lie on the Property Information Form – because it could come back to bite you.

 

http://money.aol.co.uk/2013/06/10/what-should-you-declare-when-selling-your-home/

 

I'll ask if our legal guys know about this, but otherwise you might be better checking with your lawyer.

 

My best, HB

 

 

We wil state that parking issues have beenresolved due to the access lines being put across the driveway, and that we dont get on with the mobile mechanic?

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I think this is risky. Remember that there are two entirely separate questions here: (1) if you have made any complaints and (2) if you have had any disputes.

 

In relation to the first question, it would depend what is meant by "you". You might get away with arguing that "you" only extends to the person filling in the form (i.e. your Partner) and not the other occupants of the house, though I don't think you can be sure either way. The second question is more difficult. Clearly, there was a dispute here; and since it is your partner's house he was involved regardless of who made the initial complaint.

 

Stating simply that there is a "clash of personalities" or "you don't get on with him" is misleading. In fact you might be better off failing to answer the question. If you simply said "no" in answer to the question it may be possible to claim that you merely forgot about it and thus while your answer was correct, it was only a negligent misrepresentation. On the other hand, saying you simply "don't get on with him" looks fraudulent. That answer would suggest to a judge that you thought about the issue, realised it should have been disclosed but deliberately chose to give a misleading answer. Whether a misrepresentation is fraudulent or negligent has important implications for the kind of remedies available in court.

 

The safest course of action would be to disclose that there was a dispute about off-road parking and state it has been resolved. The buyer may ask for further information. In reality it is common for people not to disclose these things or to give misleading disclosures, and they usually get away with it given the cost/difficulty of actually bringing a claim based on one of these questionnaires ... but it is a risk.

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I think this is risky. Remember that there are two entirely separate questions here: (1) if you have made any complaints and (2) if you have had any disputes.

 

In relation to the first question, it would depend what is meant by "you". You might get away with arguing that "you" only extends to the person filling in the form (i.e. your Partner) and not the other occupants of the house, though I don't think you can be sure either way. The second question is more difficult. Clearly, there was a dispute here; and since it is your partner's house he was involved regardless of who made the initial complaint.

 

Stating simply that there is a "clash of personalities" or "you don't get on with him" is misleading. In fact you might be better off failing to answer the question. If you simply said "no" in answer to the question it may be possible to claim that you merely forgot about it and thus while your answer was correct, it was only a negligent misrepresentation. On the other hand, saying you simply "don't get on with him" looks fraudulent. That answer would suggest to a judge that you thought about the issue, realised it should have been disclosed but deliberately chose to give a misleading answer. Whether a misrepresentation is fraudulent or negligent has important implications for the kind of remedies available in court.

 

The safest course of action would be to disclose that there was a dispute about off-road parking and state it has been resolved. The buyer may ask for further information. In reality it is common for people not to disclose these things or to give misleading disclosures, and they usually get away with it given the cost/difficulty of actually bringing a claim based on one of these questionnaires ... but it is a risk.

 

Thanks. The Estate Agent stated just to disclose about the off road parking, which has been resolved since having access lines painted, and the police having a word with the idiot concerened.

 

As you state, my partner who will be filling in the form, hs not made any direct complaint regarding the mobile mechanic, so I guess the answer could very well be "NO".

 

I made the complaint, and the council has not followed it through they only sent him a warning letter, nothing else was done.

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I would have thought the answer is yes, a complaint over a neighbour at NoXX carrying out commercial actvities on the street without council permission - now resolved.

There will be a record of the complaint held by the council and you will be contacted if the matter flares up again after the sale has gone through and it wont be to your benefit. A court will read the word "you" as referring to all occupants of the property, whether they have an legal interest in it or not so dont try and play with words as it will come back to bite you.

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When I sold a house previous to this, again there was an ******* living next door.

 

The solicitor simply told us just to put "Dont get on with ** due to a clash of personalities".

 

I was wondering perhaps with this to simply put "Dont get on with ** due to previous parking issues (now resolved, and other issues (now resolved".

 

Am I right to state that as it then covers everything going!!??

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Hello there.

 

It worries me a little that we are giving advice on something that could come back and bite you later, and cost money. As you're paying a lawyer and have asked him other questions, have you asked him about this please?

 

HB

Illegitimi non carborundum

 

 

 

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I finally received the conveyancing forms the morning.

 

I foned them up and asked what to put for disputes and complaints.

 

I was correct just to state that we had parking issues caused by a mobile mechanic who lives 3 doors away, but the issues have been resolved due to having white lines painted across drive.

 

As for the complaint direct to the council regarding him being a mobile mechanic, this does need to to be disclosed as complaints to the council are confidential and details wont be given out under freedom of information.

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  • 2 weeks later...

We decided to sell and have been on the market since 9th July.

 

We've had 5 viewings so far, and a silly low offer of £140K but we rejected it.

 

Our house is on the market for £150K.

 

We are wondering is it us or is the housing market slow?

 

We've had positive viewwings, but no serious offer as of yet.

 

Is this normal?

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if it on for 150k, and you had an offer for 140k, that is not silly, it is pretty good.

 

Most savvy buyers will knock 10% off the ticket price.

 

Some areas are selling really well and really quickly, others are stagnant. In some areas it is a buyers market, others a sellers. Price your house properly and stage it correctly (de clutter, refresh decor etc) and it will sell well.

 

Where in the country are you, and what sort of property is it? House, flat? Leasehold, freehold, detached etc. Also what is the surrounding property like? Different properties should be expected to sell in different time frames depending on where they are in the chain.

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I'd be brutally honest - this sort of thing can come out very easily and I wouldn't be worried about the council disclosing the complaint, I'd be worried about others. What if he starts up again, and the new owners complain? He then says something like 'ive been through all this with the previous owners and it was all ok...'

And bosh, you are on the wrong end of a claim, and the council may then disclose the complaint... After all you are relying on the chap you complained about not wanting to shaft you...

 

Also worth googling Howd v Console-Verma. No idea how it turned out but I suspect that it settled at a large cost.

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Well, mine is a 2 bed end of terrace.

 

We have got very good well sized rooms, and we have a 13 foot by 10 foot conservatory on the back which has a gas central heating init.

 

We are in a good catchment area i.e close to all ammenities, and we have a secluded good sized back garden which backs onto woodland.

 

We keep our house clean and tidy and cluter free. We have had most rooms painted in magnolia.

 

We know the kitchen needs doing, but everywhere else is fine.

 

Other properties seem to have sold signs up apart from ours!!

 

There are other 2 bed houses in the area going for slightly less money, but there rooms are much smaller and they havent got the big conservatory as ours.

 

So we are a bit mystified as to why we havent sold yet!

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The Council are not allowed to disclose complaints as it comes under Data Protection, and that complaints are held in confidence.

 

All I have disclosed on the buyers and sellers form is that yes we have had parking issues with him due to being a mobile mechanic, and we have made complaints to him regarding the issue.

 

The bloke is rather obnoxious and regularly uses foul language in the street.

 

We try our best to avoid contact with him, and his family are also nasty.

 

At the end of the day he cannot prove who made the complaint, so he can say what he likes!!

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