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By Titchytitch · Posted
Point 2- I only received the default letters Point 3- I sent dvla proof of the fraud for them to put markersbon my account He reversed the transactions out of spite as I received a letter from more than insurance re a policy being cancelled another policy u wasn't aware of they told me a new policy was set up with quote me happy who I spoke to and they cancelled the policy to inception and kept the money he had paid and placed him on the fraud database Interestingly enough I've just received my statutory credit report from experian and there seems to be further loans and attempts for car insurance quotations have been made on 8-10 companies but luckily I am cifas registered -
Yes but that was on appeal and only granted because of lack of proof of assignment......not on the question of section 78 vs current accounts.....initially the case was lost at County Court level. Either way this decision is not a binding decision on other courts as HHJ Walden-Smith was sitting as a Circuit Judge and not as a High Court Judge. . Andy
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By BankFodder · Posted
I'm sorry but there is so much going on on the forum at the moment that I'm losing track and I'm becoming confused with your first table saw and your second table saw. I understand that Amazon have now agreed to collect the first one – for the second time. I understand that Bosch are proposing to collect the second one and to carry out some repairs or some checks. I'm not quite sure what you are asking. If you manage to get rid of the first one and the second one is sorted out then it seems to me that your position is clear. What have I not understood correctly? -
Sounds wise dx. Is there a template for such a letter? SARs sent to MBNA today.
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By yellowplum · Posted
Update - Contacted amazon again and they have booked another collection and sent me an email to state the same that it will be collected within three days. I have today issued the letter also regarding this first order rejecting it and requiring collection within 7 days. In regards to the second/replacement order, Bosch confirmed they will collect the item and check it hasn't been damaged. They stated they may or may not replace the top part as it is cosmetic and may not restrict the functionality or use of the appliance. However, they stated that they will test it regardless and if found further faults they will replace it under warranty. I will wait and see what they do They did highlight the fact that amazon should if it is only cosmetic and I am willing to accept this then refund part of it as damaged goods. I will send the second letter out over the weekend so as not to 'confuse' amazon as they seem to get very confused regarding the second order and rejecting that one however I saw your amendments, do I reject this replacement order in the same way and demand they refund it or alter the text to demand a replacement that is undamaged?
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 32 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
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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BankFodder, -
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