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    • Hi all    Thank you so much for all your comments and advice, especially @bankfodder    The treadmill was a Proform pro 1500. Icon are the manufacturer.    Just to clarify this is the second machine we had. The initial treadmill we had for approx 2 months. Again this was working fine one day then would not switch on the next. We reported this to Sweatband who redirected us to the manufacturer. The problem was the same with the electrics however on that occasion the manufacturer indicated there was a problem with alignment of the running surface and they sent a replacement. Now the electric problem is the same issue but they are saying the item is in an unsuitable environmental.    I have reviewed Sweatband's website again and now I notice there is a small Q & A section at the bottom which states as follows:    "Can I keep this treadmill in my garage? if your garage is insulated and is warm and dry throughout the year then it will be OK. However if it's an ordinary garage without heating or insulation we'd say it's better not to put it in there as cold and damp conditions may damage the electronic components."    Do you think this now means we have no protection? I cannot say if this was on there when we purchased the treadmill. I am also reading a number of reviews from other people indicating the treadmill has packed in after short usage. These reviews are all after we made our purchase.    Thank you again  EM0149
    • Begging letter - ignore.   It's not Debt Recovery Plus's debt, so they can do absolutely nothing.
    • I ignore them with a smile on my face, but something needs to be done  Can you expand your hint a little bit ?
    • threads merged for history well dont on the IRL win thats a good result against a cat company  tell us more.   you are under no obligation to pay cabot anything. as stated before   ignore them until/unless you get a letter of claim.    
    • Complain. First (as you've already complained), escalate the complaint to the CEO for HM Courts and Tribunal Service. Ask for an acknowledgement of the complaint, and the timescale for the reply.   Then (if they don't sort it), go back to your MP, but ask them (if they again say "can't do anything") to pass it to the Parliamentary and Health Service Ombudsman.   Evaluate your losses. That is, identify the extra costs involved; you want them to put you back in the position (financially) that you would have been had they not spectacularly and repeatedly fouled it up  (noting that it was reasonably foreseeable that you'd incur losses, and they arise as a direct consequence of their errors).
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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
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Moved house october - provided correct reading to southern electric - incorrectly refunded - now asking for money back


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I moved house in October 2013.

 

I provided the correct meter reading in line with Southern Electric's instructions.

 

I was then issued a refund on 26 November.

 

Last week I was sent an online 'amended' bill asking for this money back.

 

I spoke to Southern Electric who informed me that on 6 November they realised that they had mistakenly made the last bill up with an estimated reading

and not the actual reading that I had provided them with when I moved and therefore the refund was incorrectly issued

and I would now have to pay it back.

 

They said they left a message on my phone.

I asked if I could listen to it.

They said they couldn't find it.

Why did they not email or write to me to tell me about this on 6th November

and if they knew about it on 6th November why did they issue a refund on 26 November?.

 

This was apparently an oversight, but surely their accounting systems would not let them issue a refund if there was,

as the lady told me, a mistake on the account (logged on 6th November).

 

They are now asking for the money back.

They are offering me £60.00 compensation.

 

I really am not in a financial position to pay this money back at the present time.

 

What should I do as this will cause me hardship as it was a large amount of money they refunded.

 

My combined gas and electric monthly bills amounted to in the region of £220 a month which was paid by direct debit.

I always thought it was very expensive compared to everyone else who I asked at the time

so when I got a big refund of £500 for my electric I was not particularly surprised as I thought I had been overcharged.

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I moved house in October 2013.

 

I provided the correct meter reading in line with Southern Electric's instructions.

I was then issued a refund on 26 November.

 

Last week I was sent an online 'amended' bill asking for this money back.

 

I spoke to Southern Electric who informed me that on 6 November they realised that they had mistakenly

made the last bill up with an estimated reading and not the actual reading that I had provided them with when I moved

and therefore the refund was incorrectly issued and I would now have to pay it back.

They said they left a message on my phone. I asked if I could listen to it.

 

They said they couldn't find it.

Why did they not email or write to me to tell me about this on 6th November and if they knew about it on 6th November why did they issue a refund on 26 November?.

 

This was apparently an oversight,

but surely their accounting systems would not let them issue a refund if there was,

as the lady told me, a mistake on the account (logged on 6th November).

 

They are now asking for the money back.

They are offering me £60.00 compensation.

I really am not in a financial position to pay this money back at the present time.

 

What should I do as this will cause me hardship as it was a large amount of money they refunded.

 

My combined gas and electric monthly bills amounted to in the region of £220 a month which was paid by direct debitlink3.gif.

 

I always thought it was very expensive compared to everyone else who I asked at the time

so when I got a big refund of £500 for my electric I was not particularly surprised as I thought I had been overcharged.

 

Do I have to pay this money back months later?

 

To pay this money back will cause me hardship as I have spent the money!

Edited by citizenB
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If they paid you money by mistake, it is a MISTAKE and not your money.

 

You should make sure all billing is correct and then make an arrangement to pay if you cannot afford to repay it all at once.

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Read up the rules about estoppel

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There is not much you can do really. Basically if they overpay you and then ask for the money back they are within their rights and you owe them the money.

 

 

I was once paid an incorrect amount €10,000 by my then employer when I should have been paid €4500 as the payroll department misread my pay and paid me the tax instead of the salary. They correctly asked for it back when they realised they had made a mistake, but I hung on to the money for a month (to get interest from the bank) before repaying the overpayment.

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In view of the advice I have read on this site; I have emailed them to make an offer of payment (easy payment terms). I wish this had never happened. I am usually very well organised financially and this has really put me under stress since I found out.

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