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    • Great thanks. I will get on to it later this evening.
    • Well as I said, this is really outside my experience but I really don't understand why such a one-sided term which is also calculated to negate the court rules about costs is not considered to be an unfair term under the consumer rights act. As far as I can see, the unfair terms provisions simply refer to "a contract" between a trader on one hand and a consumer on the other hand. There is no definition on consumer which suggests that it has to be in terms of buying retail services in the usual way. It simply says that they are entering into a contract outside their normal trade or profession. Have you checked to see whether or not this aspect has been considered? Have you looked in the above case to see whether the issue of unfair terms was raised?
    • So they only sent you the NOSP/NTQ via email to date !   Its good you're seeing a solicitor who can answer all your question, keep us posted on CAG.
    • Thanks Brass.. got rid of Zoom as suggested..   dx100uk.. that's a great suggestion, but perhaps after I win this one we can go after his terminology    
    • pretty much par for the course then for a fleecing DCA that expects, as 99.9% of respondents do, wet themselves and cough up the instant a court form lands. they never expect a defence to be filed and simply don't bother to get their ducks in line.   so get each of these instances of missing paperwork together  list them. pop up on our enhanced google search box and type in claimform card default won or various other sentences and knock up a few words for each instance to relate to the sheriff during the CMD about how each is important within the consumer credit act and for the claimant to not hold them, under CCa rule xxx (for a DN its section 87) , its fatal to their claim.   dx  
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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
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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Does the door open onto the box or the left hand wall ?

 

 

Is there a window?

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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.

 

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Does the door open onto the box or the left hand wall ?

 

 

Is there a window?

 

The door opens to the left, and yes there is a window. The space on the left from the wall to the door is 84cm.

 

Thanks

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What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

 

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

 

I will try and do a more detailed plan. My son no longer uses the room it's just used for storage now. The ceiling slope is below the box, the box is covering the sloped ceiling in the hallway.

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I will try and do a more detailed plan. My son no longer uses the room it's just used for storage now. The ceiling slope is below the box, the box is covering the sloped ceiling in the hallway.

 

Thanks. Usage alone is unlikely to help but if you can show it has less that 50 sq ft useable floor space for example, or there's no space for a bed unless it's next to a radiator, you may have a shot. Putting in the work on a plan now will be useful if you appeal the BT.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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What size is the box?

 

Is there a radiator, and where is it?

 

Are the measurements wall to wall or skirting board to skirting board?

 

As your son was 9 the room MIGHT have been big enough as under 10's are classed as half a person, so it might have been reasonable for him, but now he's classed as a full person it would be too small, so that's a start to your argument.

 

Can you do a more detailed plan showing window, radiator, plugs and the size of the box please. Also room height, especially where the ceiling slopes.

 

Not sure if this has been mentioned but you can apply for a discretionary housing payment towards the rent. It may help in the short term but you need to get the room reclassified for HB purposes.

 

Hope this is ok. It was measured skirting board to skirting board.

 

Thanks for your help.

 

 

bedrom size.pdf

Edited by Speedy75
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Can a single bed fit along the longer side wall or does that block the door from opening and closing so it has to go by the radiator?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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Was space taken off for the radiator when the room was measured? There have been cases of people getting burns when in bed next to radiators that have got too hot, so there are regs about having beds too close.

 

I would strongly suggest that you start an appeal using form GL24 on the grounds that the room is not a bedroom and should not be counted as one for HB purposes. Read the Nelson case linked above as it is binding at first tier tribunals. Also read the Elephant in the Room article in Nearly Legal and the comments.

 

The appeal will take time so apply for dhp which would help in the meantime if you can get it.

 

Be prepared for a fight but it can be done. Come back for any help you need.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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  • 2 weeks later...

Any update speedy?

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro 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.

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