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By honeybee13 · Posted
Hello and welcome to CAG. Can you tell us what has happened since you discovered that the dress was too short please? Do you have paperwork and did tell MQL about the problem? If so, we'd be interested to know what they said. Also, do they have a website? Best, HB -
Hi the local authority is Telford and Wrekin, Their insurance company is Broadspire by Crawford & Company. The incident happened on the 3rd December at 18.30, I notified the council the next day about the sign and they gave me a reference number. They gave me the details of how to claim I had a letter from Broadspire on the 29th December to say they were investigating and could I provide photos of the damage and estimate for repairs. i struggled to get an estimate so this was sent in on 4th Feb with photographs of the damage, the sign and the post it was on. I only received their email yesterday. Copy of their email Good morning Andrew, I refer to the above matter I can confirm our investigations have now been completed. I can advise that the area is inspected on a monthly basis. Please find attached the schedule of inspections and the list of defects found at those inspections. Under section 41 of the Highways Act 1980 has a duty to maintain the highway. Under section 58 of the same Act, it is a defence to prove that the Council had taken such care as in all the circumstances was reasonable required to secure that the part of the highway to which the action relates was not dangerous to traffic. The inspection was carried out prior to your accident was on the 12 November 2020 . No actionable defects were noted at this point. The council did not receive any notifications about the sign being loose before or after your accident. As the council were not aware of the presence of any issues with the sign before the incident, unfortunately we are unable to consider your claim further and it is therefore denied. You are entitled to seek independent legal advice or consult with the Citizens Advice Bureau at any time regarding the matter.
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no free read it carefully. dx
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By honeybee13 · Posted
Check our upload guide, it has instructions for phones, PCs and so on. HB -
and all the comms in/out please .
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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