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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.    
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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
      • 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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Used car died within 1 hour(yes 20 miles, 60 minutes). What are my rights?


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Basically picked up a car saturday afternoon. Used car but I was happy enough with it. £1000. Had a short test drive and it felt good, looked around and on the face of it all very good, no problems, dealer had all the papers and stuff, everything in order. Was an engine light but he told me this was ignition coil which was haggled off the price paid.

Paid on debit card and set off out of Birmingham, 20 miles down the m40 lost power and pulled onto the hard shoulder. Car wont start and battery dead etc, turn the key and all the lights went out and clock reset etc. Towed home by RAC, got home at 10pm after standing in the rain for 90s mins.

 

Emailed him last night telling him what happened and asking where to go from here. Basically he said I need to get the car to him and get it checked out which is a lot of effort so I asked if I could get a local mechanic friend to check it which he agreed to. He had a look and after hoping it was the alternator he came back saying it is certainly more serious. Cant remember what he said off the top of my head but we are talking £600+.

Let the dealer know this and he now says to bring the car back over so his mechanic can have a look.

 

My personal preference now is that I want my money back, ive put £25 petrol in the tank and i'm hiring a tow truck so i'm out of pocket immediately, id rather put this down to experience.

Now the fact that he wants his mechanic to see it gives me the impression that he is thinking of doing the repair. In fairness the dealer has been polite and quick to respond to all emails and contacts, he has several far higher value vehicles and is selling on Autotrader.

 

Where do I stand here legally?

Also how should I accept a refund and what should I receive to confirm the refund?

I realise I have not used a credit card but ive read somewhere about debit card chargebacks, what is the situation with these?

 

Any advice much appreciated, i'm going at 2 tomorrow afternoon.

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You have the full right for a full refund, but as the garage said, it's best to let their mechanic look at it first. Make sure the mechanic you use produced a written report. If the seller finds anything wrong with it ( you'll know if he's lying), then you can simply say you do not want it any more and you want the money back.

 

If he refuses to refund, we can advise further, but with an independant mechanics report stating that there is a serious issue that would cost upwards of £600 to fix, he doesnt really have a leg to stand on.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I'll be honest my mate only had a quick rather than doing a full report but he knew it will need the engine taking out to diagnose exactly what it is but that alone is a few hundred pounds labour. The £600 fix would be the best possible outcome and I presume that would be 8 hours labour and the replacement of something cheap where if its more serious that 600 will rapidly rise.

He said he knew within 2 minutes it was a big job, hes been a mechanic for 20 years and has a good reputation.

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You can't have a 'quick look' and decide the engine needs to come out, you need to know what is wrong with it before you can decide on the action required.

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Yep. Conniff is right. I would say to get an independant mechanic/garages report, and depending on what the seller says in response, you could consider legal action plus reclaiming the cost of the report. That is an extreme scenario though, but you need to get a report done first before you let the seller look at it, incase he tries to mess around with the car while in his posession.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Well I dont know, i'm certainly no car expert, I guess going by what it was doing he knew it was one of several things and it wasnt anything that could be easily done without spending time and money getting inside. Will see what this other mechanic says anyway.

End of the day i'm not in the wrong and not willing to go paying out more to find out they wont pay for it and want the car returning. In theory they will cover my expenses but realistically it wont happen so they can have the car back and i'll cut my losses.

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Get the car back to him and then if necessary bring a small claims.

 

Don't register it in your name. Walk away from the whole thing. Claim back all of your expenses as well

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Well he had the completed V5 doc so I presume it depends if he has sent it yet which I doubt.

I need a car and this has already cost me 2 days work, I cant afford to buy another at the moment without a refund.

 

I just dont see that they can do anything other than accept that the car was no good when sold, had it been a few weeks old i'd of expected a bit of hassle but given it was an hour before it failed.

 

I am really going to push for a refund and in fairness would rather walk out of there with the money paid for the car and leave it there, the point with my mate was that it was hopefully an easy minor fix and get the dealer to pay for that, I would never of bought a car had I known there was a major problem. Its effectively scrap.

I'm just worried that he's so intent on getting it in this garage. I know I could push for expenses and stuff but at this time just care about getting the refund for the car and taking it on the chin, atleast for the moment.

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Well that was a lot easier than I expected, got the garage and it was some ropey looking place, lots of half finished jobs. Waited for 40 mins, got the car off the van to be told by a couple of barely adults that they wont have time today. Rang the dealer and said I WANT A REFUND, he told me to come back to the office and 2 minutes later hes processed the refund back to my debit card.

 

I'm £100 down on transport hire but i'm happy with the refund, stressed out about other things and dont need this ongoing.

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