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Wooops! Missed that, sorry. It's debatable if they have complied with POFA. They seem to have sent out the documentation in time, but then have hidden in miniscule writing that your son could name the driver if he wasn't driving. Plus they haven't even said what he did wrong!
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Hi H94 and welcome to CAG You're overthinking this completely. You have an email confirming the m/ship is cancelled. The disclaimer on the email is certainly generic and the email will stand as good proof that you cancelled and they accepted your cancellation. Stop worrying about this - if any demands are made about it, come straight back here and we'll help you deal with it.
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By webbscatering · Posted
all documents are in #29, but also I'll take on board the good advice and get him to read through this thread -
And a cautionary tale. We recently had someone on the forum (not PPC, another section) who put masses of work in on behalf of his son-in-law, who was being sued. Once the son-in-law found himself in a court setting, he got pretty much trounced. This was because the father-in-law had educated himself about the legal position, but the actual person being sued hadn't. If CEL do continue all the way to a court case it will be your son, not you, who will have to face them. It would be much better if he dealt with his own case and educated himself about where he stands legally, sharpish.
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Simple fact is we don't know because your son has binned the documentation. If you're uncomfortable with this clause, then just leave it out. The more generic the defence is the better anyway. Just use the standard short defence that is on most claimform threads here.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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