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    • A few people are working hard to find out what contracts haven't been published yet, aren't they? It doesn't seem easy and I'm concerned that as HMG has been caught out, they will try to suppress ways that people are entitled to get information.
    • Hi.   I think you may need advice from a wills and probate lawyer on this, to make sure everything is right. especially given your father's problems.   If you want to do your own research, the CAB website is quite good and there may be others I don't know about.   One thing I can see a potential problem with and we're asked this a lot if you look around the General Legal forum, is your parents' house being transferred to you and your mother continuing to live there if she doesn't pay you a commercial rent. Have a read online about Retained Interest.   HB
    • and further referring to wasted money It would appear that the PPE bill for contracts awarded to Tory populist mates without either competition, basic requirements suitability vetting, or proper reporting to parliament is actually around 18 billion pounds rather than 12 billion pounds ..  despite Johnson 'the Liar' repeatedly lying about it to parliament .. all for about 2-4 billion pounds worth (still at inflated prices) at best of usable PPE   Including it seems things like: Paying a Tory populist pal middleman with no experience 27ish million pounds (20%+) 'finders fee' to get some mostly unusable PPE at 4 times the normal price or more - about 127 million pounds for about 25 million pounds worth of PPE .. if it had all been usable   https://www.independent.co.uk/news/uk/politics/boris-johnson-covid-contracts-court-b1813003.html     heres the Tory populist accounting basics instruction page https://www.rankred.com/biggest-financial-frauds/
    • Not sure if the above issue is covered in this group but if so I am after some advice.   My Dad is in his late 90's and on his death leaves everything to my Mum, also in her 90's but housebound. It is our intention and the request of Mum that when Dad has passed that the property she is currently living in is sold, we sell our property as well and we purchase a property with an annexe and self contained toilet / shower facilities where Mum could live out her days with us. There is no way on this Earth that she would go into an old folks home and it's certainly not on our agenda. Our daughter is their registered carer who currently looks after them.   Mum's Will as it stands at present states that I inherit her estate on her death.  She is talking about transferring the property she  currently resides in to me so that I can handle the sale of both properties. As her Will currently stands, the property she is living in will have already been sold so the Will won't be applicable. Could she change her Will now to state that on Dad's passing her property passes to me or can she gift the property?   The simple thing would be for Dad to change his to state that the property transfers to me but he is currently suffering with dimentia. He hardly knows what day of the week it is and gets very confused and agitated.   Any advice would be grateful. Thanks
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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
  • Recommended Topics

Small Claims Court: Scottish company, English consumer.


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Hello

 

We received a product from a Scottish company (via Amazon) that did not fit the description.

 

It was different in quality and appearance to the picture on the website.

 

They have insisted that we pay considerable carriage to return the bulky goods (flooring).

 

They are clearly in the wrong as far as distance selling and consumer law are concerned. The goods were not as described and therefore the onus is on them to collect and refund.

 

My question:

 

As it is not possible to use money claim online for a scottish defendant, how should i approach this?

 

I don't see why I should use the scottish courts, as the supply was made to england and I want the case heard in my local court, which as a consumer I believe is my right?

 

If the case is heard in scottland they know its not worth my while to proceed and I suspect the reverse is true. i.e. that they will not contest a case in person for £200 so far away.

 

How can I use English courts and have it heard locally?

 

Thanks

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check their T&C's for returns postage

 

 

how did you pay amazon.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We could do with some help from you.

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Andy

 

Seems to imply a straight forward claim in local court will suffice?

 

Thanks

 

:thumb: You can issue through MCOL on line.

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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