Jump to content


  • Tweets

  • Posts

    • The FCA has publicly censured Premier FX Limited (Premier FX) for failing to safeguard its customers’ money and for misuse of its payment accounts under the Payments Services Regulations. In doing so, Premier FX seriously misled its customers about the services it was authorised to provide and how it held customers’ money. View the full article
    • I have sent a response to quote that and also say that i will be submitting my already prepared claim to the county court   Thanks for the quick response! I will see what happens next
    • The High Street-only retailer says it has lost £1.1bn in sales due to the recent lockdown. View the full article
    • Ignore it.   Or,   If it were me I would send in the following email  
    • Below is the response i have received to the emailed version of the letter of claim.  They should get the actual letter today       Thank you for contacting our Executive Office team. My name is Gavin and your email has been received and I have personally been asked to investigate this matter for you.   I’m very sorry this has happened, and I would really like to help you with this today by assisting you in making a claim, should you wish to do so.   I can see that this parcel was booked through Packlink Shipping. Packlink use our network to send their parcels through, but they are an independent shipper and any enquiries about their parcels need to go directly to them.   Here is the link to the Packlink website and claims department: https://support-ebay.packlink.com/hc/en-gb/articles/360014270619   You can also make contact with Packlink with the links below.   • eBay Delivery Help Center: https://support-ebay.packlink.com/hc/en-gb • Packlink Help Center: https://support.packlink.com/hc/en-gb   I hope this helps you to get your Packlink enquiry resolved.   Kind regards,        
  • Our picks

    • 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
    • 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
      • 33 replies

Please note that this topic has not had any new posts for the last 2663 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

In December 2011, I bought online a £600 washer dryer with a year warranty from John Lewis. In October 2011 the machine broke down and as the engineer sent by John Lewis could repair it, we were advise to exchange it with a similar product from their online website.

 

In November 2012, we decided to pick a new washer dryer that was £60 more expensive than the original one. When ordering the machine, the outstanding payment was taken over the phone and we were advised that the payment went through and nothing else was required. The machine was then replaced and we were overall very happy with the exchange procedure.

 

In February 2013, we received an email from John Lewis requesting us to contact them back in relation to a declined payment from our bank to refund an outstanding payment £660.

 

In their response to my enquiry email, I was then advised that, in mid January a full refund of the original washer dryer had been processed back into my payment card. Then they tried to bill me the £660 for the new machine but were unable to obtain an authorisation from the bank. So, now I had to contact them back in order to settle the outstanding payment.

 

Checking my bank statement and then noticed that £660 had been transferred from John Lewis which it arrived pretty much on the same time as my salary. Unfortunately, I genuinely spent it during that period as I was on holiday for a month in Thailand and didn’t check my bank statements.

 

On my last email, I explained that I didn’t understand the reason why they had refunded the money back as everything had been sorted back in November when the washer dryer was exchanged. I also advised them that I had since spent all the money and requested them to advise me on fair solution for both parties. I offered to may the payment in instalments but I never heard anything back. No emails no calls.

 

Today, I received a new email requesting me to settle the outstanding payment. They advised me that if I don’t settle the full amount, they are going to send the debt to a Bailiff company. I realise its their money, but I find the sequence of events unusual.

 

So in summary, washer dryer was exchanged in November 2012. They called me and I settled the outstanding amount on the phone. 2 - 3 months later they refunded the full amount for the washer dryer. They then tried to get authorisation to get the same amount back from my account, which my bank refused. They then emailed me a month after that requesting the full amount. I spent the money and couldnt settle. I offered to pay in instalments, however I never heard anything back. I've offered to pay in monthly instalments again, but they are saying I need to settle in full or they will send my debt to the bailiffs..

 

What do I do?

Link to post
Share on other sites

Bailiffs wont become involved unless its been to court and you tell the judge you wont pay.

 

If the company used the phrase as you said then you must make a formal complaint.

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

Link to post
Share on other sites

The advice you have received is accurate - bailiffs will not be involved until AFTER a court claim has been issued and you have refused to pay.

 

If this were me, I would write/ email JL along the lines of the following.

 

 

You are concerned at the tone of their letter.

 

This mistake has come about through an administrative error caused by them.

 

It is unfortunate that you did not realise that they had refunded monies to your account - despite your being under the impression that they were just replacing the item and you had made an extra payment for the difference between the two items.

 

You are not in a position to make the payment as demanded and your offer is to repay this by way of (so many instalments of £so much).

 

You trust this will be acceptable and that they will provide you with bank details in order to start making these payments.

 

Yours etc.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

To add, even if you went to court and you could show you could only pay £1 a month for the forseeable future, bailiffs wont even enter the judges mind.

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

Link to post
Share on other sites
  • 4 weeks later...

Just noticed this one, seems odd the op didn’t query the extra £660 they found in their bank account, if it were me id like to know where it came from and I defiantly would not have spent it.

 

Given the odd amount they would have known where it had came from and that it was a mistake. John Lewis is one of the more reputable retailers around, I think this is the first JL thread I’ve seen on here.

 

Seems the OP was hoping they wouldn’t notice, they took advantage of JL’s mistake and are now panicking as they have to pay it back. I think its wrong for the OP to pay it back at £1 per month, they should either cough up the full amount or return the washing machine.

 

Just my opinion.

Edited by johnym
Link to post
Share on other sites

Lets not deal in what if's or conjecture. We only know one side of the story so we have to give advice based on that info.

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

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...