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Great thanks. I will get on to it later this evening. -
By BankFodder · Posted
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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Our picks
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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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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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
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waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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