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    • Please answer the questions that have been put to you above – particularly as to the identity of the company. Also please confirm that the installation and supply has been done by the same company – although the draft letter that you have uploaded seems to suggest that. The letter is okay but it really would be much better if it referenced your six month right to reject the goods subject to an opportunity to repair. In other words you should be invoking the consumer rights act – as you have done but you should point out that is the defect has materialised within the first six months of the date of the contract you are now asserting your right to reject the goods subject to their right to make a single attempt to remedy the situation. On the basis that there seems to be some resistance from the installer, you may as well set out now that if they will not honour their statutory obligations under the consumer rights act that you will then get your own inspections carried out to see whether either the situation can be remedied or whether there has to be a completely installation and then a purchase of a new system elsewhere for reinstallation. Point out to them that although you will keep them notified that all times, if there are any costs incurred as a result of independent inspections that you would look to them for reimbursement. Furthermore if you are obliged to incur expenses to address the defects in their installation you will be looking to them to reimburse those expenses as well. Finally point out that if independent inspection eventually decides that the entire installation has to be removed and replaced that you will be looking to them to reimburse these costs as well. I think it's important this point for us to understand who your contract is with.  
    • I'm wondering whether you would be interested in spending a small amount of money bringing a legal action against this company in order to test the water – a sort of Pathfinder. We want to minimise your losses in the most likely event that you would not be able to enforce the judgement that we would want to maximise the risk and liability for them. It is clear that you are the owner of the vehicle and it is clear that they are depriving you of the use of it and by withholding it from you they are treating it as if they were the owners. There is a tort called "Conversion" which is where you do somebody wrong by treating their goods as your own. It is pretty well the civil equivalent of the crime of theft. "Conversion" refers to the act of converting your ownership into their ownership. It seems to me that that is what is happening here. You could bring a small claim in the County Court for conversion. Damages for conversion are awarded effectively for the insult of the fact that your ownership has been interfered with. This means that the damages don't necessarily have to reflect your actual losses and when one makes the claim in conversion, one generally identifies an upper limit for damages and asked the court to exercise its discretion in making its award. You could bring an action in conversion for anything from, say maximum damages £50 – to thousands of pounds if you wanted. Bringing an action for a large sum would incur greater costs. I don't see any point because as I said, the chances of enforcement are very slim. However, it might be interesting to sue for conversion damages not exceeding £650 in the discretion of the court. If you are awarded £600 or more then you could instruct High Court enforcement officers to enforce the judgement. These people have enormous power and they don't stand for any nonsense. Also the cost of enforcement by High Court enforcement officers is expensive but this would be borne by the defendant. Although this wouldn't provide any instant solutions for you, it would be interesting to see what the response of the seller might be – if anything. It might even prompt them to refund your money – although don't bank on it. The cost of bringing an action for conversion for damages not exceeding £650 would be £70 to begin the action and then a hearing fee of £80. The cost of attempting to enforce the judgement would be £66. As I said, you may consider that this would be throwing good money after bad but it might produce some interesting results. If they defended the claim then you are probably be risking all of this money – about £210. If they didn't defend the claim then you wouldn't pay the hearing fee – although the rest of the cost would have to be incurred. Please think about this. Frankly as far as I can see it is the only way you might be to make some kind of progress.
    • When she died us 3 wives of her sons were offered to choose a piece from her vast collection.  I chose this piece. When I told my husband I wanted out, I asked if I could keep the piece and he said no.  He still has a key to my house and I did say he could come whilst I am out to collect his things but I may just rethink that! 
    • I think we need to see the RAC report We need to see the advertising which was used to sell the car We need to see the exchange which you have already had with the dealer.   We will also need to see this invoice or other evidence that people are relying on to suggest that it is a trade sale. Please can you post these documents up in PDF format - single file multipage. The right way round and in the correct order   Also, it is likely that you will have to litigate on this. Are you prepared to do so? Are you happy to do it on your own with our assistance?
    • Read carefully as it is a badly formatted document.  It says weekly total for whole year and that from April 2021 you will be paying £111.60 per week in total.   Seems quite reasonable to me £101.23 rent per week and £10.37 services charges per week.   For this type of Housing they have agreement with Government that the increase in rent including services charges will be below a certain percentage.     
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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
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    • 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
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Hi,

My driving license was cancelled because I didn't send driving license to DVLA.

 

I've never received any communication from them regarding this problem.

 

I was sentenced in my absence (L530) and paying fines like a good, law abiding citizen.

 

I assumed that they simply applied points to the driving license and that's the end of the story.

But now I've received communication saying that I have to APPLY for a driving license.

 

Is there any way around it?

 

What if the postman dropped letter into the wrong hole and I'm being punished for it?

 

I need my driving license for work.

 

Thanks in advance,

JJ

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Your licence was not cancelled, it was revoked because you did not submit it to the police or court (it doesn't go to the DVLA) at the time you paid the fine, to have the points added.

You just need to apply for a new one, which will have the the points on it.

 

 

You may be able to do it on-line

 

 

https://www.gov.uk/renew-driving-licence

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thanks for a reply and link.

I know I have to apply for a new one. My point was that I never knew that I have to send the old one. Maybe they've sent a letter but I have not received it. I don't know what happened to recorded delivery? There is actually no proof of delivery of ANY communication from them.

 

There are two failures here:

1/ the need to send driving license off as such. This is nonsense - they don't need it

2/ lack of proof of delivery.

 

I believe especially the second point should be explored more. But probably it's for naught. Thanks anyway.

 

Regards,

JJ

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The court summons should have told you that you needed to send in your driving licence and counterpart. How did you think the points would appear on the counterpart if you didn't?

 

Arguably in this day and age the phsical record of points on your licence isn't really needed, and indeed in the near future the counterpart will be phased out and the record will become purely electronic. However the law dates from from the days when the interweb didn't exist and your driving licence was often the only record of your points which the police/courts had easy access to. The law tends not to move as fast as technology, so the phsical record is still obligatory even if it isn't really necessary. To prevent people from avoiding endorsement by not sending their licence in, the DVLA revoke licences when they've had enough of waiting.

 

Recorded delivery hasn't been used for things like this for years. It makes it much too easy for people who are expecting "bad news" in the post to avoid receiving it by arranging to be "out" when the postman comes. If you didn't get the letter reminding you to send in your licence that's a pain, but it won't undo the revocation.

 

Unfortunately there's not a lot you can do now but get a new licence. If you drive between the revocation of the old one and the issue of the new one you risk having your car seized for driving while unlicensed.

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Unfortunately there's not a lot you can do now but get a new licence. If you drive between the revocation of the old one and the issue of the new one you risk having your car seized for driving while unlicensed.

 

It is one of the exceptions , as you have held a licence, you can drive as long as you have applied for a new licence.

 

S.88, Road Traffic Act 1988.

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It is one of the exceptions , as you have held a licence, you can drive as long as you have applied for a new licence.

 

S.88, Road Traffic Act 1988.

Thanks! So you can drive as soon as the application has been received - either apply online and drive immediately, or send special delivery and drive as soon as it's received.

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Actually jjtech - to rewind a little bit, are you saying that you didn't receive ANY correspondence until you got notice of the fine? No NIP, no summons, no nothing? If so you might be able to make a statutory declaration and get the conviction set aside if you discovered it less than 3 weeks ago - the procedure it explained here. http://www.pattersonlaw.co.uk/Offences/Court/Making-a-statutory-declaration.php This wouldn't negate the need to get a new licence, but it would mean you might have a chance of getting the fine back. The summons could still be reissued, so whether that would be worth doing depends on what the offence was and whether you could expect a better outcome if you were there to defend yourself.

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The way I read the first post is the complaint that there was no communication regarding sending the licence to the DVLA. Which of course there will not have been as it should have been sent with the payment/paperwork to the police if it was a FPN or the court if it was a summons.

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It is one of the exceptions , as you have held a licence, you can drive as long as you have applied for a new licence.

 

S.88, Road Traffic Act 1988.

 

Thank you for your advice, it's much appreciated. I will apply for a new license online now.

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Arguably in this day and age the phsical record of points on your licence isn't really needed, and indeed in the near future the counterpart will be phased out and the record will become purely electronic. However the law dates from from the days when the interweb didn't exist and your driving licence was often the only record of your points which the police/courts had easy access to.

I get you. But there is only one real reason why they hold on to this piece of paper:

pay £20 by MasterCard, Visa, Electron, Maestro or Delta debit or credit card”. For over a decade green counterparts are obsolete. Virtually everyone with driving license close to me lost his green counterpart at some point. Public institutions are holding to this antiquated piece of paper exactly because it causes aggravation for people. Most of them lose it. Speaking in marketing terms, they have front end profit from selling new green counterparts (piece of paper worth 10p for 20 quid) and profit on the back-end from people being late with their payments.

 

Recorded delivery hasn't been used for things like this for years. It makes it much too easy for people who are expecting "bad news" in the post to avoid receiving it by arranging to be "out" when the postman comes. If you didn't get the letter reminding you to send in your licence that's a pain, but it won't undo the revocation.

 

I don't know if it's the right place to start philosophical debate, but I think we seamlessly moved from: “public institutions serving people” to “people serving public institutions” in recent years.

People seem to accept this paradigm and actually defend public institutions against their fellow citizens. It's accepted that once an institution has any business to do with me, I have to structure my life around it, until it's solved to the liking of an institution.

Is not sending recorded delivery beneficial for the citizen? No, it's only beneficial for an institution.

In the country I lived for 25 years, they use recorded delivery until today. They probably have some problems with some people, but there are ways around it. I love your assumption of the “mischievous citizen” hiding from mighty institutions. I don't mean to get personal but you sound like you work for DVLA. I don't see anything about mischievous institutions robbing law abiding, tax paying citizens, by maliciously sending letters into the stratosphere and leaving them with their insignificant pain.

Sorry for a rant, but I just can't stand this sort of moralizing.

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A licence (currently) comprises two parts - so you will get both a new photo card and counterpart, one is not valid without the other. The details are spread over both documents, some on the photo card, some on the counterpart.

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  • 3 months later...

A bit of a long shot here, I'm in the same situation. ie my licence has been revoked because I did not send it in. I'm currently unemployed and have just moved to a new address. I'm thinking of sending the licence back to have the change of address done (I can't afford the £20 to re apply)

 

Do you think this might work......(years ago I had some out of date points removed free of charge thanks to a change of address)

 

Yes I know I should have sent it in, but I was working as an agency driver and had to show my licence every shift......I got an extra months work before the licence was revoked. The work would have ended anyway as I now have 7 points and all the agency driving jobs I've seen state "no more than 6 points"

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If it was revoked and you never got it back, then it would still be considered revoked, regardless of you changing the address. Youd have to apply for a new one.

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

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Thanks for the quick reply, I was just hoping that since it was revoked for not being sent back, sending it back for an address change would be considered enough. I have had my licence well over 2 years so it is not like I have to resit the tests or anything (still have 5 points to play with and 3 coming off in september)

 

Sounds like all I would achieve would be to tell them my new address to send the bailiffs to for my fine. (can't afford that either)

 

I'm not driving at the moment (car returned to the dealer as I could not keep up repayments) I have bought a little motorbike but that needs some work before I can use it (more money) so I think the best option is to sit tight untill my situation improves, then reapply for my licence when I am back working.

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