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    • Hi Bankfodder - I received a response from ParcelHero today.    As per their response to my initial complaint, they are taking the line that 'you were prompted during the booking process that you would not be covered for loss or damage and offered the option to upgrade, however you chose not to upgrade to our enhanced cover and continued with your booking...' They make this point in their letter despite Hermes expressly listing laptops as an item which is not covered under their compensation policy. They have offered (and also paid) a £15 credit into my ParcelHero account as well as refunding my initial postage.    They also note that they provided their limits of liability in the order summary page and which customers are required to accept in order to proceed with the booking.    I'm ready to push the button on the small claim however I very much welcome and appreciate any further guidance you may have.    Thanks, Martin 
    • So I understand that you entered into a contract for home improvements – specifically work on a bathroom. The agreed price was £10,000 and of which you have paid £7500. The work started December 2020 – but the builder doesn't turn up any more. I asked you for a chronology but actually you haven't given us very much at all to go on. Apparently the work is being carried out badly and you have had somebody else have a look at it and they concur that the job has been carried out so far to an unsatisfactory standard. You really do need to give us a little better timeline. You've been with us for 10 years and you know the kind of information we need. In order to give the builder notice, you are certainly going to have to do explain why and also give reasonable notice – unless the job has gone so badly wrong and the builder hasn't been around for so long that you can take it that the builder has breached the contract to the point where it is void. However, so far you have given us this basic information. Once again we need a chronology please – bullet pointed. I certainly wouldn't want to be paying this builder any more. Have you had a detailed written assessment of the problems with the work and also what remedial work it needs and a costing?   Just a touch on the point of the finance – I understand that you took other home improvement loan but I expect that this was secured on your property as you have said and then paid directly into your own bank account for you to provide to the builder of your choice. In that case, the finance company has no particular obligation in respect of the building work. However you manage to pay by bank transfer – to an account which is not even the builders – Big Fail! You certainly haven't helped yourself by this kind of arrangement – although I suppose we have a basis for suggesting that there may be some tax question here. Have you had a proper receipt for the money? Do you know the builder is VAT registered?
    • I think you're somewhat missing the point of the BS marking. It is in place to denote that the plate has been made in accordance with the standard. If your idea was a runner, you could buy any rubbish you wanted to, stick the BS marking and a legitimate manufacturer's details on it and off you go! The regulations state that the plate must be manufactured to meet the standard, not that it must include a sticker to say that it has.
    • so come on CON Whats the justification for requiring photo ID for voting?   We have demonstrated that the govs own figures show that fraud is negligible under the existing system - aka it works VERY well as is,  and certainly nothing to warrant a change squandering even more tax payer money than they already have and are.   Even the populists only allude to the vague claims of potential for some sort of undefined fraud maybe oneday possibly not against the laws of physics  .. even if its demonstrably NOT the case.   So what and where is the solid cost benefit justification for spending even a penny of tax payer money on this?
    • And so it begins...... Had a letter from Dryden this am, saying that they have received my complaint & that they are passing it on to arrow. Separately I sent the cca request to arrow, in the form of the letter in #2 you referred to.   H
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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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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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Hello,

 

I wondered if I can get your thoughts on this situation.

 

I have had a vanquis credit card for four years. I raised a complaint to them to try and recover some £12 fees. I have received their final written response, as I expected a decline, and I am going to try my luck with the ombudsman service.

 

In their letter it stated:

 

"In addition our default fees have also been assessed by the Financial Ombudsman Service who

have confirmed that our £12 default fees are justified."

 

Is this true and am I wasting my time or is that to try and put me off from escalating this further?

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The OFT and FOS are two different organisations, The FOS havent assessed the justifiability of the fees, usual bulltwoddle from CC providers. The OFT never stated that £12 was justified either, they stated that £12 was a threshold at which they wouldnt intervene but that a court would need to ultimately decide what was or wasnt fair. The details are below in the link.

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/284445/oft842.pdf

 

Personally i would take the county court route, look through the number of successes re CC charges and also the ratio of how many of the CC providers actually went into a court room and defended there unjust and unlawful fees, i think the current score is somewhere in the region of:

 

Banks 0 v 1000's Claimants

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

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Vanquis have today written to me detailing the charges. I would be charged £12 for a direct debit failure, this would mean another £12 for a late payment and those two charges would put me over my limit meaning a further £12 charge. This meant each problem I had would cost me £36.

 

Between 29th October 2012 until now I have been charged a total of £360 in charges and that does not include any interest. It is with the ombudsman at the moment but I am prepared to go the county court route - what would I write in the claim? When I work out the interest do I use the APR of the card?

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Yes, you would use the rate you are charged interest on the card and claim compound interest in restitution as per your spreadsheet

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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  • 1 month later...

I received a reply from my ombudsman adjudicator today, they state as follows:

 

"Vanquis has shown us that its charges of £12 are broadly in line with its actual and estimated costs of default and follows the general legal principles outlined by the OFT’s statement."

 

Looks like my only option would be to go to court for any chance of recovering the charges.

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MCOL time now then

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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True but it cost you nothing to test the water either

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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  • 2 weeks later...

i highly doubt it but it is a possibility, time to start gathering the paperwork together.

 

what did you put as your POC on the claim, could you post it please so you can be correctly advised from herein

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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