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    • great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021    Hermes just responded to my Letter of claim:    Hi Samson   Thank you for contacting Hermes with regards to tracking number xxxxxxxxx   Please direct all queries through to Packlink Shipping   Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them.   They have been made aware that the parcel is missing and a claim has been made.   I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support Kind regards Nickie ext 2549 Customer Service Advisor
    • A copy of your statement in objection would be helpful.
    • https://www.theguardian.com/world/2021/apr/13/boris-johnson-easing-lockdown-will-increase-covid-infections   seems Johnson is now spinning that the vaccination program ISN'T why the UK is able to come out of lockdown despite falling cases - which also aren't primarily as a result of the UK's vaccination program, despite Johnson banging on about the Uk's vaccination program for weeks ... It was the lockdown   Now that reality is approaching and he wants to over-write his horse-shot history again...   He now starting to state what was actually bloody obvious for ages .. while he was spinning moonsh*t   https://www.theguardian.com/world/2021/apr/13/surge-testing-may-not-be-enough-to-curb-covid-variants-in-uk-say-scientists
    • Topic moved to Residential and Commercial lettings/Freehold issues...please continue to post here.   Andy
    • Hi Just wondering if someone could offer any constructive advice, or maybe been in a similar situation regarding the following. Sorry for the long post but I want to be thorough. I live abroad and use a letting agent to fully manage a property. The current tenants moved in almost a year ago, after my having spent £3000 redecorating throughout and lightly refurbishing the property. My letting agent, who is an easy going, decent guy, finds the tenants very difficult. He claims he spends more time on these tenants than any other. The first thing they complained about on moving in was that the property needed to be fully redecorated(!), along with a list of 30 other repairs they felt needed doing.They break the patio doors, and then complain that there should be 3 hinges on the door not 2, and therefore want another hinge putting on. As much as I want to be a good landlord and provide a nice home for my tenants, their demands are becoming endless and tiring. I do when I can, accommodate most requests from them, such as for example, them changing their rent due dates to make it easier for them. These are the first ever tenants I have had whereby the letting agent has suggested eviction even though they pay the rent and, by and large, look after the property lol! They obviously dislike the property so much, I am just hoping they leave when their contract ends in May, but as they have 6 cats, my letting agent tells me he doesn’t think they would ever find anywhere else to rent. What annoys him the most is the fact that when he calls on them to explain why some repairs they request are not necessary, they are pleasant and in full agreement, then he will arrive back at the office to find the ‘most disrespectful and insulting of emails’ from them as he refers to it, demanding the repair get done. Anyhow their latest complaint is condensation. The property has a piv fitted, which I was told was one of the best things you could install to assist with condensation. It also has trickle vents on the windows. Again my letting agent chats over the phone to them and visits the property to take a look. He confirms it’s condensation then advises them of the usual lifestyle actions they need to take, and he reports back to me that all is well and they are happy. He then gets notification that the tenants have reported the damp to the local council who will be paying a visit. The tenants are also unpleasantly demanding we get a damp report from a ‘damp specialist’, so we get a local company to go in and do a report. We told the tenants if the damp is down to them, then we will take the cost of the report from their deposit. The council see the damp report and are happy enough with the property and we tell them we will install additional vent bricks. The tenants were also given a copy of the report but have never responded to it. This was February. However I was really disappointed with the report. It’s amateur but that’s ok, but it starts off by saying the first issue is damp, but not at the stage that would concern the damp company, and treatment would wait until in between lettings, and is something just to monitor for now.....I’m not really sure what just damp means....rising, penetrating? Second issue was condensation and, a black mould, due to condensation. That’s all it says. The report notes the trickle vents at the property, but states with modern living these simply are not enough, and suggests installing a piv, but appreciates there is one already at the property that is clearly producing an airflow. The property is a dormer bungalow, and they have a concern about the positioning of the piv, as it’s situated in a small space due to the dormer room, and in their opinion not positioned correctly but notes there is no other option given the space. Apart from of course, buying 3x passive vapour vents from them at a cost of £204 each. They also claim the kitchen extractor fan is not working effectively as it should and the current filter should be renewed. So I asked my letting agent to confirm what the company mean by the first issue of just damp, and if he could put something in the report about condensation being a lifestyle problem, for the purposes of evidence for the claim from the deposit. My letting agent said he kept emailing the owner for clarity, but didn’t get a response until the owner starts chasing for his payment. My letting agent responds saying we have no problem paying the invoice if he could just clarify that the mould is down to the tenants usage, and the reason we ask for this is because the tenants have been very aggressive demanding the report and that we were seeking to claim some of the report cost from the deposit, and his report forms that evidence. My letting agent even suggest an additional sentence to the owner of ‘the mould at the property is caused by the tenants activity’, given that this is what the owner stated was the problem when they spoke previously over the phone. Anyhow the contractor requests I contact him so the very same day. I email apologising for the delay in payment and saying more or less the same, that the cause of the condensation has to be spelled out to the deposit scheme, and it would be great if he could add that to the report. He never replied back. Now a month later, after neither myself or the letting agent hearing anything back, the owner is threatening legal action, saying I only got in touch with him because the letting agent chased me, and that he cannot say the mould is down to the tenants as if the piv and kitchen fan were working properly there would be no mould. He added that him saying it was down to the tenant would be negligent and against his professional judgement. Surely this is bunkum! Despite contradicting himself when he spoke verbally to my letting agent, the above statement would suggest the ‘not fully functioning piv‘ is the cause of the condensation, as opposed to the occupants not ventilating enough. My letting agent has given me a formal letter saying the owner verbally stated all condensation mould is down to the occupants, if I needed it for use in the claim. Sorry for the endlessly long post and ramble, but in your experience is the owner right, would he be negligent for mentioning the occupants. If a property has condensation what else can be the cause other than too much moisture being produced and not enough ventilation. I am not asking him to lie, just state the facts. Would I have any recourse? Thanks for any advice.
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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'm not sure which is the right place to post this, so apologies. Please move to the correct forum.

 

I work from home and, over the last ten days, I have received around 10 telephone calls from a company called Mortimer Clarke. They are trying to contact Mrs Sam and they will not tell me what it's about other than 'it's a serious matter' On each occasion that they have phoned I have told them not to phone again and instructed them to write to my wife at this address. She doesn't work from home but from an office in the local town.

 

They have just phoned me again and I lost my temper (only a bit!). I told the man, again, to write to her at this address and make a record of my request. All he would say to me was that he could not accept that instruction from me - only from her and she would have to phone him to issue that instruction. He said, again, that it was a serious matter and 'As I had just confirmed that this was her phone number he had every right to keep phoning'. I asked him if they had written to my wife previously about this matter and he told me that it was none of my business! That's when I lost my temper. I told him that I wanted his name and company address and also the name of his boss. He supplied them but continued to assert his rights to phone when he felt like. He also said that any letter would have to come from my wife - not me. I asked him again if they had written to my wife prior to the phone calls and he said ' Well of course we have.' I told him, again, to send copies of the correspondence to my wife and he said that he would not do so unless she contacted them. He then started to tell me again how they were within their rights to keep phoning this number - at which point I told him that he had wasted enough of my time and I put the phone down.

 

Can anyone please advise me as to what course of action I should now take? Was I right to say that I would send them a letter of complaint? Should I, or her, send the letter? It's obvious to me that they are after my wife for something (!) but she is adamant that she doesn't know what it's about. Also who do these people chase debt for? Does anyone know?

 

Any help and advice will be gratefully received.

 

Thanks.

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Hi

I believe Mortimer Clark chase debts for Marlin Financial group.

 

As there is no account number for your wife, it will be hard (but not impossible) for you to write to them and complain.

 

3rd Floor

16-22 Grafton Road

WORTHING

WEST SUSSEX

BN11 1QP

ENGLAND

 

There is a letter in the library to assist with phone harassment.

 

The reason they won't tell you what it is about is down to the Data Protection Act. They have to go through a security procedure to make sure they have the correct debtor.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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MC are another DCA thinking they can break the RULES... Think they are part of Marlin Group...?

They seem to be goading you, dont let them.

 

Send them a contact by letter only and this constitutes harassment. They dont have the right to phone when they want... They have a RESPONSIBILITY to remove a contact number when requested to by a debtor or a non-debtor.

I would wait for something more in writing to turn up. But i would also complain to them and the relevant authorities on this one... They have no right to talk to you like that.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Thanks for both your quick responses. I really appreciate the advice. SilverFox, I have located the letter. Can I send it to them now or should it come from my wife? As for fkofilee's advice do I complain to relevant authorities now or await Mortimer Clarke's response?

 

Thanks again.

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If it is your wife's account then the letter should be signed by her, Sam. Although there is no legal requirement for a physical signature - it could be printed or digitally generated - perhaps use one of the handwriting fonts that come with your word processing package. I quite like Lucida Handwriting :)

 

citizenB

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

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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.

 

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Thanks citizenB. Should I we send the letter out by recorded delivery?

 

I would send the letter by a tracked method, yes :)

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

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Check the Royal Mail Track n Trace a couple of days after sending and print off hte signed receipt - keep the proof of posting and the signature print off with your copy of hte letter :)

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

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I missed the update to this thread xd

Yes CitB is right... If she hasn't received a letter, wonder if they have a wrong / old address.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Did you agree with them that they had the right phone number? If the telephone account is in your name and you have told them not to call then make a complaint to your communications provider about nuisance calls. It is unlikely to be used but there is a sanction that allows for the disconnection of the callers phone if they dont desist.

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Eric... Yes there is, but it shouldn't have to go that far... I would suggest that they send the cease and desist letter to them...

 

If they don't comply then it's enforcement time... Simple.

Companies cannot and shouldn't bully people like above.

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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Letter now sent.

 

I've just had another phone call from them. I've started logging them now. I asked the caller (different one to yesterday) to read out the notes from yesterday's conversation, which he did. I then asked why, in view of those notes, he was making the call, He told me that it's nothing to do with me if they choose to phone this number (!) and that they will continue to phone every day until my wife returns their call to discuss the matter or inform them to write to her. He is adamant that they have written to her. My wife assures me that she has not received a letter from them.

 

I will continue to log the calls along with callers' names. Should I just do that until I have proof of delivery of my letter?

 

Thanks.

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