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By BankFodder · Posted
Please will you monitor this thread – probably tomorrow for a fuller reply – but for the moment, I think it would be useful to understand a little bit more about the relationship between you and your brother. Forgive me for asking personal details – but what are your ages – who is older. I'd like to know if you get on well, how long you have lived at separate addresses – and if push came to shove, would it cause you any difficulty to take a legal action against him or even to inform the police about his activities? I'm not suggesting that you would do this at the moment but I suppose it could be a possibility but right now I'd like to know whether the idea of it stresses you or causes you any difficulties. Would you describe your brother as a dominant figure in your life? -
By BankFodder · Posted
I've remove the images you posted. My site team asked you in an earlier thread to present a documents in PDF format. I'm afraid that's the way we need it. Single file multipage PDF. We can help you recover £300. Your starting point is to read around the stories on this sub- forum – which will mainly be about Hermes. I asked you to do that yesterday – and you need to do it. This is very serious. It will properly take you at least 2 to 3 days to read around and thoroughly understand the principles. Then come back here and we will advise you as to your next steps. How advice will make much more sense to you and you will feel much more confident once you have tried to understand the principles involved for yourself. Generally speaking we would ask you to implement the advice we give which includes files in PDF format and reading around. We take this all very seriously -
By Lisa927012 · Posted
Hi, team, Thanks a lot for your prompt reply! I don't know how to reply to your message, should I quote then reply? or just reply to this topic? I have attached the screenshot of the emails conversation, it got deleted because they're so small so I attached it again, hope you can take a look at it. They say the luggage is in the prohibited list, I've attached the screenshot of the list for your review. I didn't buy insurance either. They say if the lost item is in the prohibited list, they don't give me compensation, but I can't accept it. However, I've seen the Parcelhero Compensation Exclusion Items (screenshot attached), the luggage is not in that list. So we can consider the luggage maybe in the prohibited list, but it is definitely not in the compensation exclusion items list. It would be great if they can compensate me £300, at least I recover some loss. Can you please tell me what to do next? Thanks very much! -
I've not read any posts but was aware of the case...but that was one judge and a circuit judge in this instance...but most district judges would stick to the norm and accept that sec 78 is not applicable to current accounts as they are excluded due to part V You can still request documentation for current accounts using 74A 74B...although none compliance would not render them unenforceable but could assist in any defence challenging a claim. Alternatively you could use sec 61 CCA1974 in questioning the enforceability if we run with HHJ Walden-Smith given that she insists a current account is a regulated running credit agreement. -
Can you please confirm if the £4k was actually paid into your bank account, as this has not been established in your thread. Be also aware that even if funds have been transferred to you, he could attempt to get this reversed by his bank.
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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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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!
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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-
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Secured Picture Loan who sold it to Webb who sold to Idem - Repossesion hearing
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jj69,
in Home Repossessions
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