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    • Please answer the questions that have been put to you above – particularly as to the identity of the company. Also please confirm that the installation and supply has been done by the same company – although the draft letter that you have uploaded seems to suggest that. The letter is okay but it really would be much better if it referenced your six month right to reject the goods subject to an opportunity to repair. In other words you should be invoking the consumer rights act – as you have done but you should point out that is the defect has materialised within the first six months of the date of the contract you are now asserting your right to reject the goods subject to their right to make a single attempt to remedy the situation. On the basis that there seems to be some resistance from the installer, you may as well set out now that if they will not honour their statutory obligations under the consumer rights act that you will then get your own inspections carried out to see whether either the situation can be remedied or whether there has to be a completely installation and then a purchase of a new system elsewhere for reinstallation. Point out to them that although you will keep them notified that all times, if there are any costs incurred as a result of independent inspections that you would look to them for reimbursement. Furthermore if you are obliged to incur expenses to address the defects in their installation you will be looking to them to reimburse those expenses as well. Finally point out that if independent inspection eventually decides that the entire installation has to be removed and replaced that you will be looking to them to reimburse these costs as well. I think it's important this point for us to understand who your contract is with.  
    • I'm wondering whether you would be interested in spending a small amount of money bringing a legal action against this company in order to test the water – a sort of Pathfinder. We want to minimise your losses in the most likely event that you would not be able to enforce the judgement that we would want to maximise the risk and liability for them. It is clear that you are the owner of the vehicle and it is clear that they are depriving you of the use of it and by withholding it from you they are treating it as if they were the owners. There is a tort called "Conversion" which is where you do somebody wrong by treating their goods as your own. It is pretty well the civil equivalent of the crime of theft. "Conversion" refers to the act of converting your ownership into their ownership. It seems to me that that is what is happening here. You could bring a small claim in the County Court for conversion. Damages for conversion are awarded effectively for the insult of the fact that your ownership has been interfered with. This means that the damages don't necessarily have to reflect your actual losses and when one makes the claim in conversion, one generally identifies an upper limit for damages and asked the court to exercise its discretion in making its award. You could bring an action in conversion for anything from, say maximum damages £50 – to thousands of pounds if you wanted. Bringing an action for a large sum would incur greater costs. I don't see any point because as I said, the chances of enforcement are very slim. However, it might be interesting to sue for conversion damages not exceeding £650 in the discretion of the court. If you are awarded £600 or more then you could instruct High Court enforcement officers to enforce the judgement. These people have enormous power and they don't stand for any nonsense. Also the cost of enforcement by High Court enforcement officers is expensive but this would be borne by the defendant. Although this wouldn't provide any instant solutions for you, it would be interesting to see what the response of the seller might be – if anything. It might even prompt them to refund your money – although don't bank on it. The cost of bringing an action for conversion for damages not exceeding £650 would be £70 to begin the action and then a hearing fee of £80. The cost of attempting to enforce the judgement would be £66. As I said, you may consider that this would be throwing good money after bad but it might produce some interesting results. If they defended the claim then you are probably be risking all of this money – about £210. If they didn't defend the claim then you wouldn't pay the hearing fee – although the rest of the cost would have to be incurred. Please think about this. Frankly as far as I can see it is the only way you might be to make some kind of progress.
    • When she died us 3 wives of her sons were offered to choose a piece from her vast collection.  I chose this piece. When I told my husband I wanted out, I asked if I could keep the piece and he said no.  He still has a key to my house and I did say he could come whilst I am out to collect his things but I may just rethink that! 
    • I think we need to see the RAC report We need to see the advertising which was used to sell the car We need to see the exchange which you have already had with the dealer.   We will also need to see this invoice or other evidence that people are relying on to suggest that it is a trade sale. Please can you post these documents up in PDF format - single file multipage. The right way round and in the correct order   Also, it is likely that you will have to litigate on this. Are you prepared to do so? Are you happy to do it on your own with our assistance?
    • Read carefully as it is a badly formatted document.  It says weekly total for whole year and that from April 2021 you will be paying £111.60 per week in total.   Seems quite reasonable to me £101.23 rent per week and £10.37 services charges per week.   For this type of Housing they have agreement with Government that the increase in rent including services charges will be below a certain percentage.     
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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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    • 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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hope this is in the right place, if not could a mod please move as needed.

 

A finance company that I have had to have dealings with was constantly ringing me a while ago.

 

 

I suffer with nerves and panic attacks

at the time it was leaving me quite distressed,

despite verbally asking them several times not to call

they carried on doing so.

 

 

After getting some advice,

I sent them the template letter which is available on the internet regarding telephone harassment

and the fact it is an offence.

 

 

My letter was acknowledged in polite terms and the calls did in fact stop last year,

they seemed to take notice of this and only communicated by mail for quite a while.

 

 

Things now seemed to have changed and they have started ringing me again out of the blue,

the panic attacks have started again.

 

 

I would like some advice as to which body I can complain to about their behaviour

as I think if they get a warning off an official body they may finally back off for good.

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387367-Harassment-by-Telephone-(update-21.04.2014)

 

I think the letter in post # 3 of the link above might be worth sending to them. I suspect Roberts v BOS happened after you asked them to cease phoning previously and they might take you a little more seriously now.

 

Send the letter by a tracked method.. Recorded or Special delivery if you can afford it. At the very least, please do obtain a free proof of posting as proof that you have sent this final warning.

 

Send it to their Head/Registered office address :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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thanks but that is the letter they have already been sent by recorded delivery.

 

Send it again, John, only this time remove the final paragraph

 

This issue is not negotiable. Any further phone callslink3.gif will be logged, treated as harassment and reported to the authorities as such.

 

And add the following ..

 

I would point out this is not the first time I have had to write to you regarding this matter. If I have not received from you, within 10 days, an apology and your assurance that you have removed my telephone number from your records - I will be escalating my complaint to the Financial Ombudsman and the Financial Conduct authority without further notice to you.

 

etc, etc..

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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whats the debt all about john?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks but I am not warning them again you have given me the info I need, I will be writing to the FCA.

 

:thumb:

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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