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    • i'm gonna get a 2nd opinion on this and how you should re-order the above.   i really do think that you need to now clearly portray that the supposed belief that a payment was made you've now realised as a false flag.   the main thrust of your defence should be paperwork issues and how important those are to their successful case. then the  charges issue 
    • is it entitled letter of claim?   dx  
    • Hi could you clarify as it is still unclear about AX as to how they contacted you.   How did AX contact you? (phone, email etc)   How long was it after the accident that AX contacted you?   When AX informed you that you had nothing to pay as this would be paid by the insurance company did you contact your insurance company to verify this before agreeing to AX T&C for the courtesy car?      
    • Hi,   I have received a letter from pra group for a loan from 2013. I have never paid anything towards this loan and it’s no longer on my credit file. What do I do? 
    • Hi  I sold two graphics card to customers on eBay, i used the pacelink to create postage and drop off both items at the same parcel shop, my both parcel were tempered and both of different customer said they received the puppy training pads instead of graphics cards. I use the default insurance on both £25 each.   When i raised the claim to pacelink Hermes admitted for one the parcel that it was damaged, pacelink has issued me £25 which i told them i am not accepting but they still transferred the compensation into my account.   Both of items sold for £780 and £790 respectively. I had to refund both customer, in total it cost me £780+£789.   I want to claim my money back because my both parcels were tempered because i used clear tape when I packed the parcels and when customer received it it was packed with brown tape, in addition to that both customers received puppy training pads of same colour.   I have all the photo avoidance provided by the customers. Conveniently whenever i used royal mail customer received the items perfectly and this time i used Hermes through pacelink and both customer did not received the items.   I have 100% feedback on eBay and sold 5 graphics card in which two were lost through Hermes.    I did recording of both items when doing the packaging. when can been seen at the following urls.           I know the process that i have to write them a letter which i will sent at the following address. Please help me if you have any sample letter. Please help me if i am missing something   Hermes Parcelnet Ltd,  Capitol House,  1 Capitol Close,  Morley  LS27 0WH
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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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Sole Trader contract problem


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I’m a Sole Trader who works from home.

I was recently contacted by a company by phone that offer a web based networking service, it sounded interesting so I agreed to meet one of their representatives at a Costa in the City Centre.

He told me of all of the benefits that being a member of the site would give me. He told me that he was giving me the best possible deal along with... they were a company that could be trusted etc. etc.

I signed up for the service. When I returned home and went onto the website I realised that they were charging me an extra £80.00 more than everybody else.

I called the rep and told him about this he said that he wasn’t aware of the price on the website and that if that was the case then he would match that price.

 

I felt as if they were trying to con me and the only reason they were going to match that price is because I had seen it on their website.

 

The reps boss then called me the next day and was, I felt, quite rude and threatening saying that I had to pay the money otherwise he would start issuing court proceedings.

I mentioned to him that I have a cooling off period and I was letting him know that I wished to cancel the agreement. He told me that I didn’t have a cooling off period and that I would have to pay. I emailed them saying I was cancelling.

 

About two days later the rep called me and said that he was sorry about all that had happened and told me to tear up the contract. He said that he only wanted customers that trusted him 100%.

 

About a week after that I received a letter from a solicitor saying that I had signed the agreement on the 28th of November and that I would have to pay £276.00 +VAT by the 18th of December or they will take me to court.

 

As a sole trader do I not have a cooling off period? Does the fact that he didn’t offer me the best deal make a difference? Do I have to pay for a service that I haven’t had?

 

Any help would be appreciated.

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I'm not sure if businesses get a cooling off period, someone else may know. I don't think the £80 increased fee for you makes a difference per se, assuming you knew what your price would be I don't think it's affected by the fact you could have got a cheaper deal.

 

Now, I think there's an argument to be had about the rep saying he wanted to "tear up the contract". Contracts can be discharged by agreement. What exactly was the content of that discussion?

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Hello there.

 

We had a recent thread by a sole trader talking about cooling off periods. I don't think we've had a definite conclusion, but it may give you a few pointers.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412104-Verbal-agreement&highlight=sole+trader+cooling+off

 

HB

Illegitimi non carborundum

 

 

 

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I'm not sure if businesses get a cooling off period, someone else may know. I don't think the £80 increased fee for you makes a difference per se, assuming you knew what your price would be I don't think it's affected by the fact you could have got a cheaper deal.

 

Now, I think there's an argument to be had about the rep saying he wanted to "tear up the contract". Contracts can be discharged by agreement. What exactly was the content of that discussion?

 

Thanks for the reply. The Rep rang me and apologised for the mis understanding and said "you can tear up that contract and forget about it". although it's his word against mine if he decides to deny it, the call wasn't recorded.

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Hello there.

 

We had a recent thread by a sole trader talking about cooling off periods. I don't think we've had a definite conclusion, but it may give you a few pointers.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?412104-Verbal-agreement&highlight=sole+trader+cooling+off

 

HB

Thanks for your comment. The other thread was a verbal agreement, I stupidly signed a bit of paper. I presumed I had a cooling off period because I was a sole trader and therefore had consumer rights. I'm not so sure now.
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Hi Agnot

 

Please be patient, I am sure our caggers will be along to give you advice.

 

Could you please clarify what the document was that you signed?

 

Does that document have any wording to a cooling off period?

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Thanks for your comment. The other thread was a verbal agreement, I stupidly signed a bit of paper. I presumed I had a cooling off period because I was a sole trader and therefore had consumer rights. I'm not so sure now.

 

But if you're a sole trading acting in the course of your business then you're not a consumer.

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