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    • i believe thats ok let @Andyorchcheck it over mind   dx  
    • here comes £25..you have to wait sadly before issuing your letter of claim.
    • god don't waste money on gyms nor court. please stop being conned by terms in a contract that is neither legally enforceable nor cast in any type of contract law stone.   quite the opposite..gyms have not done court since their miserable attempt to enforce them since 2012, when a judge ruled they were not entitled to any remaining contractual payments until end of contract.   dear sir  with regard to my membership number xxx of gym xxxx at (location)   i hereby demand you cancel my contract forthwith.   i shall not be entering into any further communications upon the matter by whatever method.   thank you for you time    
    • this was the last communication I've had from Packlink on 8/04/2021:   Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.     the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry   You recently requested assistance through our online support pages. Below is a summary of your request and our response.   To access your question from our support site, click here     Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services            Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?     Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
    • Hi thanks dx.   I have amended and my updated version is below.   Defence   1. I the Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   2. It is admitted that I have had a supply and service agreement with Co-operative Energy in the past. During the period, Co-operative Energy actively blocked me from changing to a cheaper tariff or switching provider as there was an outstanding balance on the account.   3.Throughout this period Co-operative Energy only ever served estimated bills which were grossly over estimated with values unrelated to actual use. This is shown in the one copy of a bill (the final bill) that the claimant has been able to provide. There was and still remains an unresolved dispute with Co-operative Energy which was never resolved prior to the assignment of the alleged debt. Furthermore, the claimant has given no details as to the full breakdown of their claim and what dates it relates to, so I am unable to defend specifically until the claimant can particularise and quantify its pleadings.   4. Pursuant to OFGEM code of back billing rules the alleged charges are now over 12 months old and relate to charges which have not been billed correctly by Co-operative Energy and are therefore prevented from charging.   5. The claimant does not have access to the agreement nor was the Assignor required to retain a copy. Therefore their claim is unsubstantiated.   Pursuant to the civil procedure rules Practice Direction 16 (7.3) Where a claim is based upon a written agreement.   1) a copy of the contract or documents constituting the agreement,  the original(s) should be available at the hearing along with a complete breakdown of how the charges accrued by date and amount.   With the court’s permission the Claimant is put to strict proof to: -   a) show and disclose how the Defendant has entered into an agreement. b) show and disclose how the Claimant has reached the amount claimed. c) show how the Claimant has the legal right, either under statute or equity to issue a claim.   6. As per Civil Procedure Rule 16.5 (4) it is expected that the Claimant prove the allegation that the money is owed.   7. It is therefore denied that the defendant is indebted to the claimant as alleged or at all.
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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
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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Stamp out nuisance calls - Which? reporting tool


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Which? is urging Government, regulators and businesses to renew their efforts to call time on nuisance calls and texts as complaints continue to rack up in the tens of thousands.

 

After finding that a quarter (24%) of people don’t know where to complain when they receive an unwanted call, Which? are making it easier by launching a new online complaints tool so offenders can be identified and punished. They are urging consumers to report nuisance calls and texts to give regulators the vital evidence they need to take action against companies breaking the rules.

 

This tool is powered by Which?. It helps determine who you should report nuisance calls and texts to and automatically issues a complaint on your behalf, subject to your approval.

 

To stamp out this everyday menace, we need to get more people reporting nuisance calls. Please use and share our free nuisance call reporting tool today.

Report a nuisance call

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  • 2 weeks later...

I'm fed up of having to report nuisance calls because it's a right hassle. Many of them originate from abroad, or are from withheld numbers. I recently bought a pair of BT 7600 Call Blocker cordless phones for a bargain price on ebay, and I've set them to block all foreign and withheld numbers. The caller still gets a ringing tone, but our phone doesn't ring. You can block up to 10 specified numbers as well with it.

 

There's one company which rings every day at about 9.30am, and they leave the same recorded message each time. It's so nice not to get woken up by these annoying calls, especially seeing as I work nights and have usually just gone to sleep when the phone rings. Until I got this call blocker phone, I had to unplug the phone line before I went to bed, which is a shame, because it means legitimate callers can't get through, and think there's a problem or the phone's out of order.

 

I seriously doubt the telecomms industry will do anything constructive about nuisance calls, because they make too much money from it. Unless they're fined of course, but I can't see that happening. In the meantime, there are loads of call blocker phones, and standalone call blockers out there.

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Guest Thudd

All very laudable, I'm sure but the bottom feeding scumbags this is aimed are exactly the ones who

 

  • Will obfuscate the company name
  • Will use spoofed caller ID numbers
  • Will use IP phone services
  • Do any / all of the above and/or call from outside the UK

 

How the blazes is it proposed we deal with that?

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All very laudable, I'm sure but the bottom feeding ******s this is aimed are exactly the ones who

 

 

  • Will obfuscate the company name
  • Will use spoofed caller ID numbers
  • Will use IP phone services
  • Do any / all of the above and/or call from outside the UK

 

 

How the blazes is it proposed we deal with that?

Ultimately it will probably mean fewer and fewer people answer their phone. It will become another example of a good idea which was eventually misused to the point where it becomes a curse rather than anything useful. There's a mate of mine now who never answers his landline. He just uses it for the internet, but no-one who knows him bothers trying to call him on it because they know they'll never get an answer. Last time I went round there, the handset wasn't even plugged into the wall socket.

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They seem to have got hold of our mobile numbers now and hubby has answered 3 "You are entitled to a PPI refund" calls today alone.

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