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    • Hi again.....   You cant kinda give them a Letter Before Claim....it must be the correct format and headed same to comply with the Pre Action Protocol guidance.   It would be helpful if you could scan redact and upload a copy of this last letter/email  you sent with their response.   With regards to your last post its obvious that you dont know the process..which is understandable as most never want to get involved in this process. There is no such thing as Big Court as opposed to Small Claims Court ...should you decide to litigate you will be issuing your claim through the Small Claims Court...which can be don on line.   Have a look at MCOL and get a feel of the web portal   https://www.moneyclaim.gov.uk/web/mcol/welcome   Embarking on this action is not for everyone...but you will be surprised how simple it is without any legal knowledge.   Have a good read of the link I provided above re our other User facing the same dilemma as yourself and see how it runs step by step..in particular look at her Letter Before Claim...that will be your starting point should you wish to challenge this unfair and unjust consumer treatment.   .  
    • Might be worth a try   Lying in a hot bath at min and still struggling    On verge of ringing 111
    • Is this car park local to you?  If so, it would be good if you could go back and take photos of the signage.   The last time someone did so we discovered that Simple Simon had been so stupid as to put details of two different companies on the signs, which would make it impossible for the motorist to know which company they were entering into a contract with.   It would be useful to know if the signage is still pants.
    • No the order states quite clearly " Documents Filed 39 November 2018 must be served on the Defendant and a certificate of service filed "   Your initial defence put them to strict proof to disclose the documents you would have requested within your defence. If you have never received the documents then the claimant has not complied with the above order...and you must inform the court same.   You don't want a DQ yet as you don't want it to proceed to allocation until they comply with the above order.
    • I don't want to interfere with the way that my site team colleague is going to advise you – but in the event that there is some liability, I think it's possible to separate the old liability – up to the time of the returned payment from the more recent liability. I don't think you've told us anything about the entire sum that they are claiming. I don't think you've told us anything about the sum which you originally paid and they returned to you. In respect of the first part – the sum that they returned to you, if they are trying to recover that now, I think you could usefully look at the doctrine of estoppel.
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Afibel catalogue ignore wrong colour complaint


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I ordered a pair of Ladies Lt. Grey Norvel trousers among a 3 item order with 'Gift of grey wool skin coat' 6th Dec. 2013 which arrived soon after, other items fine but Norvel trousers were in packing labelled Lt. Grey but trousers inside were Beige

I emailed the Support section immediately also including my landline number but no reply, I also phoned their Expensive 0871 number and informed that I was returning this item, which cost Me £2.60 post and because I was returning on 19th Dec and wanting to avoid Xmas parcels for Exchange of item I re-ordered (big mistake - I hadn't secretly marked Return Item) When I received Item Re-ordered it was exactly same. When I sent back the 2nd time on 5th Jan 2014 I marked the item pack on the incorrect label and taped onto the pack complete set of papers including copies of both Emails and sent another complete set separately regarding non-arrival of 'Wool Skin Coat'

It then cost me over £9 in calls to 0871 to get the Return Items Credited on the Personal Account which they started without my consent and more phone calls to get the Faulty Item Return postage eventually shown on Account as Misc. Discount all the time adding Service Charges because I would not pay the order in full before the Returns were credited.

 

Since Dec.2013 I have been asking for the Account to be sorted out which only Supervisor can do. I have paid £14.99 which is the cost and p & p on correct items, the Account now is only showing amount of Service Charges on the Account while they were doing nothing about my Complaint which I am not going to pay.

 

Since Fri. 13th June by EU and Our Government Law All Retailers have to provide a 'basic' phone number ( 01/02/03) all of which are included and cost the same in all types of Telephony incl. Mobiles which Afibel have not done and the 3 calls from Fri.13th June will be costing THEM £4.95 which I will be claiming. I was told on the last call on 24th June that a Supervisor would call me, but as nothing has happened since my first Return and they are still putting Service charges on the Account each month.

 

I am now going to send to their actual address Afibel, Columbia House, 1 Apollo Rise, Southwood Business Park, Farnborough, GU14 0GT not their P.O Box 341 Farnborough, GU14 0ZQ (which is probably a shed) a Letter of Account in Dispute by Signed for Mail. which will stop the Account dead until they contact me.

 

I will also be reporting them to Consumer Advice and Citizens Advice Bureau. I have also found that they have got a 'True Certificate' award which I will now try to stop because they are not an Award Certificate worthy Retailer.

Edited by silv.surfer
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do they have another name as there is no such company listed with companies house. I see that they are registed in France but i doubt that is the whole truth. Cannot locate any info on British execs so parhaps a complaint to Afibel, 129 Rue Colbert, 59493 Villeneuve D'Ascq, France and tell them what a bunch of usless lazy gits they employ over here and ask when you are going to get an apology and a refund plus interest at the same rate they are currently charging you for nothing.

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Afibel is a trading name of Damartex UK Limited which is licensed by the OFT to provide Consumer Credit under this name pursuant to licence number 0264768

 

DAMARTEX UK LIMITED

BOWLING GREEN MILLS

LIME STREET

BINGLEY

WEST YORKSHIRE

BD97 1AD

Company No. 00852773

 

Consumer Credit Licence. 264768

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks both for your response, I knew about Demartex and the French address, and will be sending an 'Account in dispute' letter signed for with another set of papers about the problems and am contemplating sending a set to French Office when I have worked out how much it will cost sending hard copies.

 

Will keep you updated.

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  • 2 weeks later...

Update 7th July Today I received phone call from Afibel after original complaint of 'Wrong Colour Item' on 19th December and over £9 on calls, I stated I have been asking for a Geographic Rate number from that date to sort 'Their Mess'. I have been a Customer since 2008 but I won't be ordering again.

 

They have never sent the 'Grey Skin look Coat which enticed me to make this Order in the first place. Several years ago a similar Coat was offered which arrived and was really lovely, I paid for that order when received as normal certainly not in monthly 'bits' on their 0871 number. I have never requested 'An Account' and have never signed anything.

 

I read elsewhere that when you send in a complaint letter about an Account that you have not signed and are disputing to 'Get someone else to sign your name on the letter' because Companies like this have been known to Copy/Paste the Letter Signature onto an Account Agreement.

 

When I told the person that they were trading illegally by not showing an 01/02 or 03 Customer Service number by Fri 13 June he then said that they would be showing it on 'Orders' and that they had a number on Fri 13th June but phone line staff didn't know about it, what he didn't know and I was not telling that the number he was calling from was shown on my phone log.

 

I paid the 'Account Service Charges' for now and closed the account but this is not the end, I will be sending a complete set of Documents to Carol Stevens Customer ha ha Service Department claiming back the £4.95 for the last 3 calls from Fri.13 June and the cost of the service charges added each month because there was no response from them on my 'Complaint' in spite of requesting a call from a Supervisor on every call on their 0871 number since 19th Dec. 2013.

 

I have checked the latest statement received after the date of my original posting (25th June) and no Geographic Rate Number shown and nothing on their Website, so will be passing on to Consumer Advice and Trading Standards.

 

I will also try next to reduce their 'Trusted Site Certificate' from 95% ha ha to about 30% where it belongs.

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Connif I tried your link but it went to 'Couldn't find' error, but it may be a G.O.S blog that I have already seen.

Thanks for your response. I will post the link to the G.O.S. blog when I find it again.

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