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    • deal with it IF it ever happens...
    • Hi everybody else who has suffered from this terrible trader! I will post all of the details that I have found out about him - sorry, I got carried away by my rant. I need to look them up in my book, so will do it this evening. I have created a new thread - thanks for the advice.
    • Well, we have also been done by Yewtree Cars/James Harrison! We bought a Land Rover Discovery from him off a dealer site on 28th December 2020. He advertised it as 1 loving owner (true, I tracked him down on Facebook, really nice guy!)   throughout the advert WOW full dealership service history, WOW new cambelt, WOW new MOT, WOW full valet including decontamination clean WOW, WOW, WOW!!!   We paid £4500 for the car plus £280 for delivery from Solihull to Winchester. He sent 3 texts reminding us to ‘look after the delivery guy cuz he’s a top man’! Soon worked out that HE was the delivery guy!   They dropped the car off and scarpered. It was dark when it arrived, initial thoughts were it was disgusting inside. I have never seen such a filthy interior. He even left his sweet wrapper inside.   He drove the vehicle down to us (we thought that we were paying for a transporter). It was running on fumes, so we took it out to get fuel. Straight away noticed automatic gearbox slipping. Not a good start.   Next day messaged dealer asking for the receipt, twice, he said that he was in Dubai (in his dreams!) for 2 weeks but would send it when he got back. Before he delivered the car, he said that if we weren’t happy he would personally come and collect it.   Sent him a message (I like to keep proof of conversations) to say that we certainly weren’t happy and wanted to return it. His reply was - SOLD AS SEEN, YOU GOT A CHEAP CAR!   Thinking we would have to cut our loses, we had a new gearbox put in, only to find that the crankshaft had also gone and then the bottom part of the engine had to be replaced. Also the suspension at the front was leaking oil (mentioned as an advisory on the previous mot, which he said had been done). He forged an entry in the service book saying that it had just had a cambelt change (false Land Rover stamp), confirmed by previous owner and Land Rover.   So, after 8 weeks of being at the garage and £7000 - YES £7000! later we certainly did get a cheap car from him. Are we going to let this go? NO!   I have found out his real name and I am going to pursue him through the court until I get this money back. He is the worst kind of confidence trickster, a liar and a thief.   We will have no hesitation in scouring Solihull for him, whatever it takes.  
    • So for various reasons, which 'm happy to discuss and debate, largely driven by the available sites apparently being O/AZ, and with the 2nd dose being 10-12 weeks after the first O/AZ apparently giving very little protection from the new strains appearing O/AZ efficiency apparently being about 55-65% with one dose and Pfiser giving much better and wider protection from a single dose I'm NOT going for the O/AZ and giving up the chance of faster better protection from pfiser even if it means waiting a couple of weeks.    
    • @Andyorch   I didn't know that. Thank you.
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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
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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The Taking Control of Goods Regulations 2013. Statutory Notices

 

Notice of Enforcement:

 

This notice must provide the amount of the debt and the relevance Compliance Stage fee. The Notice of Enforcement must state the precise date that the debtor must pay or agree a payment arrangement with the enforcement agent.

 

If the debtor does not pay or agree a payment arrangement by the date specified an enforcement agent will make a personal visit and may seize your belongings. This is called 'taking control'.

 

The notice must also outline the additional fees and expenses that may be applied if payment is not made by the date specified

 

Details on how to pay (with the opening hours and days) together with the contact details must be provided.

 

 

Controlled Goods Agreement

 

By entering into a Controlled Goods Agreement you will be able to continue to use the goods listed but you need to be aware that you are acknowledging that the goods listed are under the 'control' of the Enforcment Agent until the sum outstanding is paid in full.

 

The Controlled Goods Agreement also must state that if you fail to stick to the terms of the agreement the goods may be removed and sold. This will incur a further fee.

 

The notice will state the debt outstanding, the Compliance Stage fee, Enforcment Stage fee and any expenses. The Agreement must be signed by the debtor, a person authorised by the debtor or a person 'in apparent authority'. The Agreement must provide a detailed description of the item (eg: Computer, television, car etc together with the make and model (if known) and the relevant serial number, colour and any identifying marks.

 

Warning of Immobilisation

 

This notice will be provided if the Enforcement agent has fitted a clamp to the vehicle. This notice only needs to be signed by the Enforcement Agent.

 

Notice of Intention to re-enter premises.

 

This notice will be sent where a debtor has failed to keep to the payment terms under the Controlled Goods agreement and the notice is to advice that the enforcement agent intends to re-enter your premises to either 'inspect the goods' or to remove them for sale'. This Notice must provide details of the Controlled Goods Agreement and details of how the agreement has failed. This notice will provide the amount of the debt, the Compliance Stage fee and Enforcment Stage fee and details of the precise date and time when payment must be made. Details of the additional fees that could apply must be provided.

 

Notice after Entry or Taking Control of Goods (on a highway) and Inventory of Goods Taken into Control

 

This notice will advise the debtor of the action taken by the Enforcment agent (to enter premise or to take control of a vehicle on a highway.

 

Details on how to make payment and the date and time by which the payment must be made. The goods will be released on payment in full (or may be released if you have signed a payment arrangement with the enforcement agent). This notice only requires to be signed by the Enforcment Agent.

 

Notice that goods have been removed for storage or sale.

 

This must be provided to the debtor when goods are actually removed. This notice must outline the daily or weekly storage fee.

 

The notice will also outline the debt, Compliance Stage fee, Enforcment Stage Fee and Sale stage fee and any 'expenses'. Payment in full will avoid the sale of the goods and the goods may be collected. The notice only requires the signature of the Enforcement agent.

 

Inventory

 

This notice is to advise the debtor and co-owner that goods have been taken into control taken into control listed belong to the debtor and a co-owner and once again, only needs to be signed by the Enforcement Agent

 

Notice of Sale

 

This must be provided PRIOR to the sale the goods have been sold and must provide the name of the co-owner (if applicable)

 

This itemise the debt, Compliance Stage fee, Enforcment Stage Fee, sale Stage fee and any expenses. details must also be provided of the date, time and place of sale and will advise WHEN the sale will take place and the time. If payment in full is made goods can be collected. The notice must itemises the goods (model, serial number etc) and must also provide a 'valuation'. The sale is conditional on the reserve price being met. If this condition is not met a new time and place of sale must be given in a further notice.

 

Notice of Abandonment of Goods

 

This notice will tell you that goods listed have been formally abandoned and that you are free to collect the goods. The reason for abandonment will be because the debtor or co-owner were not given notice of sale within the period required by law. Goods must be collected within 28 days of the date provide on the Notice.

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