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By BankFodder · Posted
Sorry but I really don't understand why you haven't started taking action a lot earlier than this - unless you enjoy being the lead round by the nose. You can either accept their gesture of goodwill or you could decide to go for the entire amount. I think you had better decide. If you want to sue them then make sure that you understand the steps involved in taking a small claim. It's very easy but you should read around a bit to make sure you understand the journey. Then send the letter of claim. I suggest that you draft a letter of claim and post a draft up here so we can have a look -
That's great news...glad you got it all sorted... -
Thanks dx This is the only one which is paid by standing order from an old account I use for a few bills so forgot all about it. I don't think BC ever did default it but know that know link can't add the default now after all these years. I would have cca'd BC along with all the others in 2003 so they must have sent something. I've just checked with my bank and they haven't refunded me so must have been passing it on.....which is a shame. I'll cca link. Can you still tape a pound coin on to the letter or does it need to be a postal order? (Old username would have been something like tartanbarty or similar) -
By BankFodder · Posted
By and large this was predicted in my previous post. I completely agree with you that you shouldn't be required to have read the manual before you enter the contract. I think your position is broadly that which I suggested in my earlier post and your next action is to send a letter of claim – but this assumes that you understand the steps involved in bringing a small claim in the County Court and you are prepared to go ahead. There is no point bluffing. It won't get you anywhere. I think that you should rely on their so called treadmills buying guide https://www.sweatband.com/treadmills.html and if I were you I'd make sure that you take a copy of the page in case someone decides to get a bit fancy with it. I would also take a copy of their specific Q&A's in relation to that particular treadmill just in case somebody mysteriously tightens up the wording. At the moment the wording is really simply a general recommendation and nowhere does it specifically one you that by doing this you risk the machine and also it will invalidate your warranty and any statutory rights. I suggest also that you start going over the Internet and find anyone else with the same experience – I believe that you said that a number of people are stunned to find that their treadmills are breaking down. Start finding out if they have put them in the garage. If you want bring along to this forum we may be able to help them as well. You need to get as much evidence as possible that there are issues here and that the manufacturer and/or the retailer are not properly warning their customers. Prepare a draft letter of claim and post up here. However, make sure that you have read around and you understand the steps involved in taking a small claim in the County Court. It's not difficult but it will help you to understand the journey and it will give you confidence. -
Ok here goes for a first draft... . Dear Will & John. I must admit I was in awe of receiving a letter from your esteemed law firm thinking what have I done to deserve such an honour. Perhaps you have discovered a long lost relative has left me a fortune in a will and I could give up work to pursue my love of goat farming using the money to set up a small holding in the outer Hebrides producing fine cheese and goat hair sweaters. Alas no! In bold letters it stated Letter before action almost if one had to get ready for battle and my power ranger pyjamas will have to be on a boil wash first before I can even think about action. Anyway I digress after further research I discovered this is in relation to some parking shenanigans of which I have no knowledge, so as the Private Parking world's best solicitors you should be aware, I know that you know a case isn't going anywhere on the facts as presented. I may add that that not all is lost, as I used your letter to line the cat litter tray. Mr wiggles is most pleased with his firm and absorbent lining beaming happily away as he does his cat business before securing a warm spot in front of the fire as we sit down to watch cash in the attic. Good luck with the soliciting business I hear it can be quite lucrative. P.S – it is uncle Herbert who apparently left a fortune so if you do come across him please let me know…
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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!
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