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    • 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.
    • Thank you I shall give this a go.  If I had the money I'd take it to court just to prove a point in what they are doing is completely wrong. It feels like I'm being held to ransome! 
    • then simply write (by royal mail 2nd class only - not ever email..get free proof of posting from any PO counter) and cancel your membership from todays date.   generally speaking with most gyms you should give 1 month notice before then cancelling your payment method to allow the one membership payment to be taken   however in your case, the 'free' period regarding payment covers that time so cancel your DD too.   Roko are much like David Lloyd gyms, they insist, as they elude too in their schedule in your 1st post, to it being 3mts notice, it is NOT       
    • you can't park there nor leave your car parked there during zonal times.      
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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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Faulty car from dealer - do i accept his offer?


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Hi there everyone!

 

This is my first post so apologies if its in the wrong place.

 

I brought a car at the begining of july, 8 weeks on and its developed a very serious fault that requires the car has a new engine. we have priced the engine at 600-700 then whatever the labour will be to fit it. having discussed the matter with the garage they have said they will offer me 500 pound back towards the cost and i do it myself. the car was purchased for 1300. i can fit it, i have someone that will do it for me but should the dealer be sorting this?

 

Do i accept his offer and put the rest in myself? or should i continue to pursue the matter with trading standards? how long would i be looking at to sort this sort of issue? im in the position now where i cannot afford to pay for the work to be completed and i cant be without a car for much longer. i put everything i had into getting the car, making sure it was serviced, low mileage etc, good condition.

 

thank you in advance for any help!

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It's a difficult one, as £1300 is getting on towards being banger money (sorry, but it is...) I would try to get £700 or so from the dealer then try to take your time and seeif you can get the repair done a bit cheaper.

 

 

Some on here will advise SOGA etc., but it could be a very long drawn out process, you might not win, and even if you do win you might not get paid.

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A lot depends on what the problem is ?

 

 

 

Well, yes it does in a way, but being right in law and winning and actually getting paid are different things.

 

 

In law the OP is entitled to refund / repair / replacement. Actually getting one of these 3 IN FULL may well be difficult.

 

 

Good luck though!

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hi there everyone

 

thanks for your replies. well the problem was a very serious crack in the bottom block inside the bore. it used nearly 10 litres of oil in 2 weeks, it was that bad and became completely undriveable. it was full of piston sealant when it was stripped down, someone knew the problem was there. had it been head gasket, clutch etc, the dealer wouldnt have heard from me but the engine was deemed scrap and i simply couldnt afford the repair bill or to loose the 1300 i had saved to buy the car.

 

i understand fully what your saying oddjobbob, this has been my worry. that it would be a very long drawn out process for what is in theory like you say banger money, had it been 4000-5000 then yes i would agree court all the way.

 

the dealer had no interest whatsoever in taking the car from me and doing the repair himself, nor did he want to offer and refund or replacement. in the end after much negotiation he offered 600 and we managed to secure a decent engine for 500. i figured this would be the best i was going to get and im happy with the outcome.

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Indeed, but without loads of hassle and the likelihood of not getting paid I think it's the best that could be achieved.

 

 

The thing is, why didn't the dealer just auction it 'as seen' if he knew about the problem. That's what I used to do.

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yes unfortunately. im still fairly angry at the dealer. im usually one to take things right to the top if i have too, but having spoke to the consumer advice line, they recommended that i take the 600 as well.

 

the dealer did actually say at one point that had he have known he would have auctioned it, suppose we will never know whether he was truely aware as he claimed he took it in part exchange 2 days before i purchased it.

 

oddjobbob, quick question. so had i have taken him to court and won, would i have had to still rely on him paying up? i had some idea they deducted it from his wages, sent the bailiffs round etc. sorry if i sound thick but i had some idea the court would just take it from him and force him to pay.

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There is a very strong chance that he didn't know, some of the rubbish px'd is beyond belief the sheer hard work some people must go through in order to hide

a problem and sell or px it is simply gobsmacking.

But as a professional, he is obliged to take responsibility for what he sells and I have no doubt you would have won should this have gone to court.

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yes i was told i had a very good case, the evidence i had of the car being sold as virtually perfect was pretty solid. i would have taken it to court, i was livid at the fact he didnt act as he should and take the car back for repair and not usually one to let these things go, but with 3 kids i just need to be back on the road and this seemed the best i could expect out of the situation.

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What happens is you go to court and win a CCJ against the dealer.

 

 

Who then offers £10 a month to settle. You CAN refuse this but are encouraged to accept.

 

 

No £10 a month appears

 

 

You send in the bailiffs

 

 

The dealer claims it is not him / has no assets etc

 

 

You send in the sheriffs.

 

 

By which time all the cars are in someone else's name.

 

 

So despite the fact you won, you lost.

 

 

****

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