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    • Hi I received a letter from a solicitor yesterday for my daughter (who no longer lives here) from a solicitor.   It is a county court claim in relation to a RTA 2 years ago.   I have some questions in this regard  No.1 She doesn't live here anymore and I have no idea where she is (due to a far from ideal relationship he won't let her contact me) No.2 I don't understand the details are at best miss representations No.3 They say the Insurance company has admitted liability although she was not at fault They say she hit them at 40mph and then again at the opposite side of the car at 30mph when in truth to vehicle pulled out at a T junction into the front of er car. causing significant  damage to my daughters car.  No.4 Apparently my daughters insurance has accepted liability however they are claiming which has as stated in this claim already been satisfied by her insurers  No.5 On schedule of costs it details physio costs for which there is no doctors referral detailing back pain and neck pain for which the walk in clinic  advised paracetamol and it notes this woman has had significant back pain for 10 years? No.6 Its also lists 2 defendants my daughter and the insurer. No.7 The chosen court is 200 miles away !     I have photos which totally disprove these peoples account, but my daughter isn't here can't tell her . Should I respond to this and detail the evidence I have here on my CCTV.  Give them pictures of the road where the accident happened totally disproving their account?   I don't know what to do      
    • Ryanair did not appeal - so ended as expected :-)
    • Quick update in case its helpful to anyone in the future.   Covid made things a little different i think, there was no prosecutor to talk to however the legal advisor to the magistrates was helpful and happy to make the decision to do the deal, this took place in the courtroom, although i had spoken to someone (i think an advocate) half an hour before who had made them aware of what i was asking. All was relatively pain free and ended up with a £3xx fine rather than the £8xx, and 3 points rather than 6.   Thanks for all your help MITM
    • Thank you for this – and thank you for the donation. You need to check your PayPal email address because that was the email which was used for it. It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing. Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it.
    • Just to add, it may well be that the camber was slight – but coupled with the momentum of a vehicle, sliding on slushy ice, it doesn't take much to add that little bit of extra speed or momentum to a skidding vehicle   Also, you say that there was "not a lot of bend" at that site. Frankly I disagree. I think there is quite a pronounced bend and also the position of the van – which is roughly in the position of the white car in the image below – was pretty close to the band and if you imagine that it had started pulling out before the OP appeared and started to make its manoeuvre and was far enough in to the road to have a gap done its left-hand side that a Vauxhall Corsa could pass down, then I think that the bend was sufficiently aggressive to have been of concern to a prudent driver – who was parked on the wrong side of the road, who was trying to cross the carriageway to proceed on the other side of the road who had parked close to a bend and he was aware of the icy circumstances.     In fact if we take the width of the van at 72 inches – 6 foot. In order for it to be far enough out into the road to allow sufficient gap for a Vauxhall Corsa to pass down it, it must have been all of 11 foot into the road. The OP tells us that she lives there – and maybe she would be kind enough to measure the width of the road where the van was.  It is a narrowish  stretch of road
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Shown a flat to rent, went to move in and it was a different flat in a different building


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Hello,

 

Me and 2 of my friends viewed a flat in London we liked it enough to take it off the market and then paid the full deposit and first months rent. Then when we went to move in (after signing the contract) there was no one to check us in or do an inventory check then when we finally got the keys we discovered that the flat they had 'given' us was in a different building, much smaller and worse condition than the one we viewed.

 

We tried to speak to the agents but they denied ever being in the property we viewed and refused to show up at their office on the day.

 

I was wondering if anyone had any advice on how to resolve this issue because we don't want to live in the property they provided as it is nothing like the one we viewed in the first place!

 

We also have photos of both properties one with the agent themselves standing in the one we viewed. The estate agents we used are quite a large chain so they can't disappear over night or anything like that.

 

Thanks in advance,

 

Jacob

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Hello,

 

Me and 2 of my friends viewed a flat in London we liked it enough to take it off the market and then paid the full deposit and first months rent. Then when we went to move in (after signing the contract) there was no one to check us in or do an inventory check then when we finally got the keys we discovered that the flat they had 'given' us was in a different building, much smaller and worse condition than the one we viewed.

 

We tried to speak to the agents but they denied ever being in the property we viewed and refused to show up at their office on the day.

 

I was wondering if anyone had any advice on how to resolve this issue because we don't want to live in the property they provided as it is nothing like the one we viewed in the first place!

 

We also have photos of both properties one with the agent themselves standing in the one we viewed. The estate agents we used are quite a large chain so they can't disappear over night or anything like that.

 

Thanks in advance,

 

Jacob

 

Was the address on the contract (lease) the address of the flat you were shown or the one you were given?.

 

If it was for the one you were given and not the one you were shown - why did you sign it?.

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So the flat we were shown and were given are part of the same complex but different buildings. We were led to believe we were viewing a flat in block D but we were actually viewing a flat in block A, we signed the contract for the block D flat under the impression that it was the flat in block A, both flats were number 12. I can only think that the estate agent has made an error and doesn't realise her mistake.

 

Thanks for you quick response,

 

Jacob

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What is the name of the agents, please? Can you post the photos up

 

Thanks

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does sound like an error, and they should sort it out quickly.

you will no doubt have expense's as well which they should compensate you for.

Make sure you put this in writing to them and ask for your expenses, or you seek court action.

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this is a common [problem], the more usual one is the flat isnt for rent by the person you are dealing with in the first place. read very carefully what you have agreed to and then see who actually owns the property in case you end up in a big mess.

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