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    • Ive looked for a template for the IRL claim but cant find one. Where sre the templates? thanks   ive told her ill take the mediation call instead of her, ill be a lot better at it
    • Yep it's absolutely shocking, I hope more people take them on and win and hopefully one day their charlatan scheme will crumble.    I was advised on the mediation phone call to await an email with the full write up before emailing hermes my bank details, but I'm still awaiting this email. Advised payment will be made within 14 days. 
    • well had their costs schedule today -ridiculous,   claiming over 5 hours or letter writing twice at £201 an hour -so £2000 in fees alone for that compared to our 1 claimed hour for both of us in reply!   claimed £650 for photocopying trial bundle 122 pages (and was one by admin or secretary not a £200 and hour solicitor   claiming all the hours of attending the hearing even though barrister attending the hearing on their behalf.   absolute joke, unreasonable and not capped at any fast track rates. nor the court fees claimed
    • total charges is approx £96 out of £1680   but actual amount they are claiing is £2k    
    • Part of the Hermes' business model – they sell you a delivery service then botch it and then try to deny responsibility. They sell you an insurance – and then try to renege on it but keeping the money – they then make you work for nearly 5 months to get your money – and then in the end they pay you out but they try to keep back the money you spent trying to get your money back – which is really just enforcing their so-called insurance policy. This is dishonest. It is very clearly cheating their customers. I don't believe that the senior executives don't know about it. But hey, what do they care?
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    • 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
    • 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
      • 33 replies

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I recently bought a second hand car. because of my busy life it became clear that I would struggle to take delivery. The salesman agreed to bring it to my house to complete the sale. He was late and I couldn't wait for him. Despite him knowing that I couldn't complete other than that one chance the dealers are trying to insist that I complete and wont refund my money. He was late because of a traffic jam which they say was unavoidable. The roadworks which caused it have been there for 2 years. What are my options?

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Are you trying to achieve completion or a refund?

 

Did you pay in full?

 

Other than delivery, what else is required in order to complete the sale?

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Refund. I paid in full ready for them arriving . When I signed the contract they knew that it was the only opportunity I had for over a month and I was ready to leave it but they told me that they would deliver. That was the only reason I agreed

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It seems rather implausible that you don't have 15 minutes at some time during the week. How do you eat ?

 

You have a contract and unless delivery is part of that contract, he is not obliged to deliver especially on such a tight window.

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It seems rather implausible that you don't have 15 minutes at some time during the week. How do you eat ?

 

You have a contract and unless delivery is part of that contract, he is not obliged to deliver especially on such a tight window.

He was aware that there was only the one opportunity to deliver. I am away from home .

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Unless you had that written into any contract i dont see on what grounds you could complain, offering such a small window of opportunity for delivery could be deemed unreasonable

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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OP youre getting the same responses here as your other thread on MSE.

 

I'm sure if you post in enough places then eventually someone will tell you what you want to hear.

 

But the fact of the matter is this is the real world and you need to be reasonable. The dealer got caught in a traffic jam, it happens, get over it.

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OP youre getting the same responses here as your other thread on MSE.

 

I'm sure if you post in enough places then eventually someone will tell you what you want to hear.

 

But the fact of the matter is this is the real world and you need to be reasonable. The dealer got caught in a traffic jam, it happens, get over it.

 

Well found OJB

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Whether the contract is written or merely verbal – or whether the requirement relating to delivery is written or merely verbal, has no relevance whatsoever. However, it can be useful evidentially because it if there is a dispute as to what you say you said against what they say you said, then it could get complicated.

 

If you can show that you made it clear that the delivery time was an essential element of the contract then you have a good basis for rejecting the contract and going for a refund.

 

Let me say that a judge will probably want fairly heavy proof that this was agreed and that they fully understood how essential the delivery stipulation was to your decision to enter into a purchase contract with them.

 

If it was all done verbally and it is merely your word against theirs then I think that you may have difficulty.

 

Could there be some other reason which is also added weight your decision to withdraw from the contract?

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When you talked about delivery, if you had stated "time is of the essence" and he failed to show during that time, then the contract can be regarded as terminated.

 

When ever you contact a trader, of any type, face to face, record the call. It's easy to have a mobile in your shirt pocket set on record.

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  • 1 year later...

It is over a year since this happened and after reading the last response from Connif I was able to get a full refund as notes had been made by the showroom during the process which I had picked up and was able to provide back to them . Thank you very much for your help. I was not well at the time and some of the responses upset me as they were judgmental and rude. I posted on two forums as was pointed out in the thread as I had no idea whether I would get any help from either one and I was trying to reach as many experts as possible. The other one was removed because of the vicious comments made to me. So, thank you again Connif for your help and thank you for sharing your excellent knowledge.

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