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    • I'm sorry but I don't have a lot of time at the moment. Please will you read around the other Hermes stories – if you haven't done so already. There are some suggested letters of claim in those. We don't have a template for this and I would suggest that you draft your own letter of claim and post it here before you send it. Also, make sure that you read around the forum about taking a small claim in the County Court and that you know all the steps. You can be certain that you will have to issue the papers. You can be certain that Hermes will ignore your letter of claim and they will only start taking you seriously once you have issue the court papers. This means that if you send the letter of claim giving them 14 days then on the fifteenth day you must issue the papers. Otherwise don't bother. Don't bluff. Be aware of your risk factors – which are that if you lose, then you won't get your money back and also you would have lost your claim fee – and if they push you to pay an allocation fee – which is quite likely – you will lose this as well. For the present claim fees and allocation fees, please have a look at the court services website. However you are probably looking at something in the region of about hundred pounds or so all told for a claim of this value. If you succeed then you will get your money back, plus interest plus your costs. We do our best to advise you here that you have to realise that the end of the day it is your risk. As I've already said, it is an extraordinary industry – because they will do it – which requires you to pay delivery fee and then if they don't carry out their side of the contract for some reason rather they don't have to offer any redress to you at all – often on the basis that you didn't ensure them against their own negligence. This is an extraordinary state of affairs. The whole industry does it this way and it seems to be a culture which has been accepted for a long time – maybe 30 or 40 years – so that now consumers think that that's the way it is. It's really quite surprising that this hasn't been directly addressed in legislation – but it hasn't. Instead you will have to fall back on the unfair terms provisions in the Consumer Rights Act. Post a draft of the letter of claim and we'll have a look at it later on
    • I agree. They are putting you back in the position you'd have been if they'd said what they should have ( "We can upgrade you to Sky Q. You'll need a new dish to use Q. If you want to revert to the non-Q system in future it'd need to be a 'hybrid' dish that supports both".)   I don't think you can realistically expect more.
    • but not related to this a/C  i bet the sar will reveal the real truth of what the balance really is made of.   even if this did result in a speculative DCA court claim. we don't lose many OD claims here.   dx  
    • yes they will and the contract if they request a further hearing.   .......................   n244 .......   i do not believe the claimant had a valid and paid for contract covering the year of the offence with the land owner or their agents.   i do believe the Claimant ANPR System had the relevant council planning permission to be used or erected on poles at the site.   i do not believe the Claimant signs at the site neither had the required council planning permission nor suitably conveyed the legal terms of any contract the driver at the time of parking could ever be able to agree to by reading them.   i claim the cost of my set aside fee from the claimant should i be successful.    
    • Hi   1. Have all seven residents complained officially to the Local Authority of the overgrown conifers and had a response in writing?   2. Were the Local Authority informed that the several residents were employing a contractor to cut back their conifer trees due to them being overgrown?   I would also suggest asking the contractor that carried out the work if they could do a letter for you explaining the work they carried out and the advice given about trimming as they remain the LA property.  
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spb1957

Student accomodation contracts

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Just posting this out of interest, as nothing has actually happened, but I was speaking to my daughter recently regarding her campus accomodation agreement.

According to the agreement, the uni can fine students for inappropriate behaviour (one case in question is wedging a fire door open during hot weather).

Question is basically, can a university levy fines against students for not following procedures, and more to the point, can they refuse to hand out degrees and results if the 'fines' are not paid ?

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I would imagine they would be covered as unfair terms and conditions such as unlawful overlimit fees and late payment fees. They would have to prove genuine pre-estimate of loss for breaking the agreement and thus could be reclaimed, not paid and complained about.

One way they migth be able to do this for example a false fire alarm call out would be to pass any "fine" imposed by the fire service onto the tenants responsible.

 

I stand to be corrected however


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The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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This was my way of thinking on this too, as I came to this forum because of the Private Parking section and have read a lot about GPEOL and contract law.

My daughter currently has a £300 'fine' along with others for wedging a door open, although their contract says the fine for this would be between £15-£100.

In any case, all these fines imposed so far are suspended, and I suspect the uni uses them to discourage such behaviour.

I guess the main question is, are universities one of the official bodies that can fine people (and they do use the word fine in the accomodation contracts) ?

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