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    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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    • read it properly, doesn't say will anywhere. i don't think we've ever see any of these threats go anywhere.    
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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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      • 31 replies

My Dad has been sent my loan history via Experian


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Good evening everyone,

 

Just had a catch up with my Dad who I haven't seen for two years. Which was nice....

 

Towards the end of the evening, he pulls an e-mail out of his pocket from a loan broker, he says that he's been declined a loan because of me. I looked at him a bit puzzled. On the e-mail shows a number of pay day loans I had in 2012 in my name which he obtained from Experian!!! I was so embarrassed.

 

Surely its a DPA breach if a) he's been linked to me and b) he's been provided with my loan history too!!

 

So I've logged into Experian, there is no record of any search on my credit file in March or April this year at all....so how did that happen?

 

He's not linked to me at all on there. Although his first name is the same as my middle name and part of my last name is his surname.

 

Does anyone have any views on this?

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Try Noddle :)

 

Most PDL comps report to Call Credit and its Free through Noddle! :)

 

http://www.noddle.co.uk

 

Remember there are 3 CRAs and they wont all have the same data.

 

We could do with some help from you.

 

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Receptaculum Ignis

 

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It could be that the payday loans were put on your father's credit history.

 

Either way, it's wrong. In your father's case, if he has suffered any loss (eg increased interest rate or lost purchase) then he could make a claim.

 

You should inform the ICO. Your father should demand that these loans be taken off his record.

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What I've done is complain to Experian asking for information as to what happened. Once I'm forearmed we will challenge it fully.

 

Thanks

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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