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    • great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021    Hermes just responded to my Letter of claim:    Hi Samson   Thank you for contacting Hermes with regards to tracking number xxxxxxxxx   Please direct all queries through to Packlink Shipping   Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them.   They have been made aware that the parcel is missing and a claim has been made.   I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support Kind regards Nickie ext 2549 Customer Service Advisor
    • A copy of your statement in objection would be helpful.
    • https://www.theguardian.com/world/2021/apr/13/boris-johnson-easing-lockdown-will-increase-covid-infections   seems Johnson is now spinning that the vaccination program ISN'T why the UK is able to come out of lockdown despite falling cases - which also aren't primarily as a result of the UK's vaccination program, despite Johnson banging on about the Uk's vaccination program for weeks ... It was the lockdown   Now that reality is approaching and he wants to over-write his horse-shot history again...   He now starting to state what was actually bloody obvious for ages .. while he was spinning moonsh*t   https://www.theguardian.com/world/2021/apr/13/surge-testing-may-not-be-enough-to-curb-covid-variants-in-uk-say-scientists
    • Topic moved to Residential and Commercial lettings/Freehold issues...please continue to post here.   Andy
    • Hi Just wondering if someone could offer any constructive advice, or maybe been in a similar situation regarding the following. Sorry for the long post but I want to be thorough. I live abroad and use a letting agent to fully manage a property. The current tenants moved in almost a year ago, after my having spent £3000 redecorating throughout and lightly refurbishing the property. My letting agent, who is an easy going, decent guy, finds the tenants very difficult. He claims he spends more time on these tenants than any other. The first thing they complained about on moving in was that the property needed to be fully redecorated(!), along with a list of 30 other repairs they felt needed doing.They break the patio doors, and then complain that there should be 3 hinges on the door not 2, and therefore want another hinge putting on. As much as I want to be a good landlord and provide a nice home for my tenants, their demands are becoming endless and tiring. I do when I can, accommodate most requests from them, such as for example, them changing their rent due dates to make it easier for them. These are the first ever tenants I have had whereby the letting agent has suggested eviction even though they pay the rent and, by and large, look after the property lol! They obviously dislike the property so much, I am just hoping they leave when their contract ends in May, but as they have 6 cats, my letting agent tells me he doesn’t think they would ever find anywhere else to rent. What annoys him the most is the fact that when he calls on them to explain why some repairs they request are not necessary, they are pleasant and in full agreement, then he will arrive back at the office to find the ‘most disrespectful and insulting of emails’ from them as he refers to it, demanding the repair get done. Anyhow their latest complaint is condensation. The property has a piv fitted, which I was told was one of the best things you could install to assist with condensation. It also has trickle vents on the windows. Again my letting agent chats over the phone to them and visits the property to take a look. He confirms it’s condensation then advises them of the usual lifestyle actions they need to take, and he reports back to me that all is well and they are happy. He then gets notification that the tenants have reported the damp to the local council who will be paying a visit. The tenants are also unpleasantly demanding we get a damp report from a ‘damp specialist’, so we get a local company to go in and do a report. We told the tenants if the damp is down to them, then we will take the cost of the report from their deposit. The council see the damp report and are happy enough with the property and we tell them we will install additional vent bricks. The tenants were also given a copy of the report but have never responded to it. This was February. However I was really disappointed with the report. It’s amateur but that’s ok, but it starts off by saying the first issue is damp, but not at the stage that would concern the damp company, and treatment would wait until in between lettings, and is something just to monitor for now.....I’m not really sure what just damp means....rising, penetrating? Second issue was condensation and, a black mould, due to condensation. That’s all it says. The report notes the trickle vents at the property, but states with modern living these simply are not enough, and suggests installing a piv, but appreciates there is one already at the property that is clearly producing an airflow. The property is a dormer bungalow, and they have a concern about the positioning of the piv, as it’s situated in a small space due to the dormer room, and in their opinion not positioned correctly but notes there is no other option given the space. Apart from of course, buying 3x passive vapour vents from them at a cost of £204 each. They also claim the kitchen extractor fan is not working effectively as it should and the current filter should be renewed. So I asked my letting agent to confirm what the company mean by the first issue of just damp, and if he could put something in the report about condensation being a lifestyle problem, for the purposes of evidence for the claim from the deposit. My letting agent said he kept emailing the owner for clarity, but didn’t get a response until the owner starts chasing for his payment. My letting agent responds saying we have no problem paying the invoice if he could just clarify that the mould is down to the tenants usage, and the reason we ask for this is because the tenants have been very aggressive demanding the report and that we were seeking to claim some of the report cost from the deposit, and his report forms that evidence. My letting agent even suggest an additional sentence to the owner of ‘the mould at the property is caused by the tenants activity’, given that this is what the owner stated was the problem when they spoke previously over the phone. Anyhow the contractor requests I contact him so the very same day. I email apologising for the delay in payment and saying more or less the same, that the cause of the condensation has to be spelled out to the deposit scheme, and it would be great if he could add that to the report. He never replied back. Now a month later, after neither myself or the letting agent hearing anything back, the owner is threatening legal action, saying I only got in touch with him because the letting agent chased me, and that he cannot say the mould is down to the tenants as if the piv and kitchen fan were working properly there would be no mould. He added that him saying it was down to the tenant would be negligent and against his professional judgement. Surely this is bunkum! Despite contradicting himself when he spoke verbally to my letting agent, the above statement would suggest the ‘not fully functioning piv‘ is the cause of the condensation, as opposed to the occupants not ventilating enough. My letting agent has given me a formal letter saying the owner verbally stated all condensation mould is down to the occupants, if I needed it for use in the claim. Sorry for the endlessly long post and ramble, but in your experience is the owner right, would he be negligent for mentioning the occupants. If a property has condensation what else can be the cause other than too much moisture being produced and not enough ventilation. I am not asking him to lie, just state the facts. Would I have any recourse? Thanks for any advice.
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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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    • 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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[mis] Sold add on Insurance?- Bravofly/lastminute.com


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I bought a flight on Bravofly which is a lastminute.com company.

 

 

I did not tick a box that added on a cancellation Insurance policy to my order.

 

 

Only found out on the confirmation page when they had charged me £30 extra.

 

 

Emailed them and they replied the following.

 

Thank you for e_mailing us.

 

We would like to inform you that it is not possible to cancel the Full flex insurance after being booked.

 

If you think that you have not selected the insurance ,

we invite you to send us a bank statement showing that .

 

 

Isn't there a cooling off period for insurance policies regardless of what the policy is?

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I believe that someone from the company is proposing to come onto this thread and to make a response.

 

This kind of customer engagement is excellent – even if the response ends up not being exactly what one is looking for.

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I believe that someone from the company is proposing to come onto this thread and to make a response.

 

This kind of customer engagement is excellent – even if the response ends up not being exactly what one is looking for.

 

Look forward to it. In the meanwhile does anyone know if I am covered by the cooling off period? Or if I should take this up with my credit card since I did not ask for the product.

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I will be interested to see how providing a bank statement could show that someone did or did not tick a box on a website?

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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You should have had an email confirmation of your booking, which is normally automatic on most sites. In that email, it should confirm everything about what you purchased including Insurance. My experience with many websites, is that the Insurance option is the default position and you have to uncheck the box by clicking on it, to remove the Insurance.

 

Once you purchase these types of Insurance with a travel booking, i don't think there is any cooling off period. The premium is passed to the Insurers and they don't refund, if taken out by mistake.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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You should have had an email confirmation of your booking, which is normally automatic on most sites. In that email, it should confirm everything about what you purchased including Insurance. My experience with many websites, is that the Insurance option is the default position and you have to uncheck the box by clicking on it, to remove the Insurance.

 

Once you purchase these types of Insurance with a travel booking, i don't think there is any cooling off period. The premium is passed to the Insurers and they don't refund, if taken out by mistake.

Aren't pre-ticking those boxes against regulations now though? So you have to purposefully tick it?

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Aren't pre-ticking those boxes against regulations now though? So you have to purposefully tick it?

 

Yes there was some change required, but without going to the site the OP mentions i don't know how that site works. The last time i booked some travel tickets, the Insurance box was ticked on a site and i unticked it, as i did not want it.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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  • 3 weeks later...

I wouldn't either. They don't even bother replying to my emails anymore. Just had the initial one at the start asking for my bank statement!

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Phone the FOS to see if they can deal with such a complaint. If not, you might have to complain to the relevant Travel Industry body ABTA ?

 

Bravofly will just tell you and anyone you complained to that you clicked through to buy the Insurance and paid the premium.

 

It is your decision about how much time you are willing to spend on a complaint for a £30 Insurance product.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Of course. time is a factor in all this. But please also consider (take in to account) those that will go through the same anguish, if the OP don't complain to the proper organisation. Raising it here is a start but it may not be enough.

 

Yes, it's 30 pounds. but this may well be a lot of money for someone going on a small low budget holiday after a long time.

 

The citizens advice consumer service can tell you if the Financial Ombudsman service or any other organisation will be able to help. Their website address is:

 

https://www.citizensadvice.org.uk/consumer/get-more-help/if-you-need-more-help-about-a-consumer-issue/

 

If you make a complaint to citizens advice consumer service they will automatically inform trading standards about this, so you don't have to.

 

They should also be able to tell you what your next port of call should be. e.g. lastminute.com (as bravofly is part of the group - dont know if they are part of lasminute.com or lastminute.comGroup), ABTA, Financial Ombudsman service or another organisation.

Edited by parity4all
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