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    • Hi All   Any assistance or guidance would be gratefully received.   Many thanks
    • I sent him the link for this forum yesterday but will tell him what you said. If he decides to post here I’ll be following it to help as much as I can.  Thanks for answering, it means a lot (after going from place to place discovering no one cares.)
    • It is the seller who should be bringing the action because they are the person who has lost the money. We can help them that you should contact them and tell them to come and register on this forum and assure them that everything is free and that we offer the best chance of getting their money back from Hermes – and not only that, it will be interesting and fun.
    • We don't know - all that Santander said was that a payment was made to a S/C and A/C number and they gave us that information - what they couldn't say was if a reference number i.e. the card number was entered to pay that said card. 
    • Hi -I bought a £500 bike on EBay from a private seller - listing stated “collection in person only” but after asking he agreed to post it - I bought a Hermes label using Parcel2Go, filled out all mine and seller’s details, and sent it to him. All he had to do was to stick it on the box and wait for courier to collect  - on the day of collection I received an email that “courier wasn’t able to collect the parcel” (seller assured me no one showed up for it as he’s been waiting) - same thing happened the next day. I knew Hermes tried to collect x3 and didn’t want to miss the third attempt so I asked the seller if he could drop in off and the nearest parcel drop off point.  He agreed and dropped it off. - Few days later the parcel arrived empty. It was half opened. I opened it in courier’s presence only to find bubble wrap and empty cardboard box. I asked him if there is a report we should fill out in situations like that. He said there wasn’t and that this is how he collected it from the local depot. He handed me blue card with a phone number to text ( texted 3 times heard nothing back) I took photos of the box (with courier in the background and said I don’t accept it because it’s been robbed) - I contacted the seller. He informed police about it so he could get cctv video from the parcel drop off point proving the box was heavy and needed two people to carry it.  -I informed police on my end hoping they could take a statement from the courier who delivered the box. They listened to my story but weren’t too bothered. They said I’ll get my money back if I paid with PayPal. - I got my money back. - police said I’m no longer at financial loss so to them the case is closed. - I want to fight with Hermes and P2G to get the £500 back from them so I can give it back to the seller. I’m convicted he sent the bike. He showed me the package before sending, we are in ongoing contact. He got the cctv footage etc. I feel horrible because it was me who chose the courier and it was me who asked him to post it, and now he has no bike and no money.  - I contacted P2G on live chat (since there’s no possible way to contact Hermes). They said to allow them 14 days for investigation. They were supposed to check cctv from depots and weighting points to see where the parcel went down from 15kg to nearly 1kg - after 14 days I contacted them again only to be told that Hermes hasn’t provided any information and now an automatic claim has been opened. - I provided all documents they asked for and now I’m waiting for the outcome but I already got email saying I can only count for £20 since I haven’t opted for extra protection. I haven’t paid for extra protection since stealing is illegal no matter for paying extra or not. I figured they won’t loose my parcel since it was a huge box and was ready to risk the damage. The point here is that they haven’t damaged it or lost it- It Has been delivered- Robbed.  - I’ve got all the chat scripts, emails between me and the seller, listing details, crime/ incident number/ photos of empty box delivered, photos of seller dropping it of, photos of the parcel before sending etc. I also have time and will to take them to court and open small claim. I think I might qualify for the cost relief too.  My main question here is - Do I, as a person who bought the servis and haven’t received the item can open the small claim against Hermes and/or P2G. Can I do it even though I’m no longer at “financial loss” (since PayPal refunded me). Do I need to tell them that at all?    I hate this whole situation and hate the fact that I can’t afford to give the seller his money back and be at loss too. It was a used bike, a gift for my daughter’s 10th birthday. I don’t want the time to ease my anger and forget about it because at the other end of this, there’s an honest guy who did everything he could send me that bike.    I know there are other posts that are almost the same as this one. Please can you just read through it and say what rights do I have to ask them for money back if I already got them from PayPal. 
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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.
       
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      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

Car dealer CAR HUB LONDON LIMITED trying to stall/evade/dodge their responsibilities Claim Issued ***Judgment***


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Long story sorry,

 

 

I bought a car on Monday 200 miles from where I live,

test drove ok around town country lanes.

 

 

50 miles into my journey home I discovered it had a fault which only showed up on the motorway, causing it to shake violently.

 

They have been fairly responsive to emails but I feel I'm banging my head against a wall,

 

 

here is the email conversation below.

 

I'm wondering what happens if I drive 200 miles on Thursday and they don't refund me,

any advice on the whole situation appreciated.

Thanks

Ben

 

Hello,

I recently bought an S-Class from you, registration XXXXXXX.

On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work.

I have just been to my local Mercedes specialist for a brief diagnosis,

they have said the torque converter is causing the large vibration and the gearbox is juddering also.

 

They estimate this will cost £1600+vat to repair the torque converter and gearbox,

plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms.

 

The warranty you put on the car seems to insist on a service history, which I have not yet received,

and I am aware that within 30 days you must repair the car free of charge or offer a full refund as obviously the fault was present at the time of purchase.

I await your prompt response.

-----------------------------------------------------------

 

Hi Ben,

I have spoken to J regarding the issues you are having with the car.

He has asked for you to bring the car into us on the 6th of October when he returns from his holiday and will get the car repaired for you.

Thank you.

Have a good afternoon.

Kindest regards,

E

-------------------------------------------

 

Hello E

 

Thank you for your prompt response.

A month to repair the car is not within a reasonable timescale, also that coincides with my annual holiday.

You will need to collect the car as it shakes violently at motorway speeds,

it is not reasonable to expect me to drive it 200 miles under such dangerous conditions.

 

I think at this stage it would be best to just return the car for a full refund and I will disregard my costs already incurred. Alternatively, you agree to get the car repaired at my local Mercedes specialist at your cost.

 

I feel returning is the best option, you can repair at your own timescale and resell it for more money to recoup your losses.

 

Regards

Ben

--------------------------------------

 

Hi Ben,

As J is going away and we have no courtesy vehicles until the first week of October I would ask for you to bring the car in then.

 

 

We are more than happy to supply you with a courtesy vehicle so you are not without a car whilst yours is with us.

 

We are not able to inspect the car and diagnose it without seeing the vehicle or any proof of the issues your are experiencing.

 

I understand this may be of inconvenience for you to bring the car back for repair,

however we are happy to repair the car for you instead of you having to get it done locally to you and being out of pocket.

 

Kindest regards

E

-------------------------

 

Hello E

 

You seem to have disregarded what I have said.

 

The car shakes violently at motorway speeds, it is your responsibility to collect the car,

I will not risk my life with something that shakes violently at motorway speeds for 200 miles.

 

Again, a month to repair a car is not reasonable.

 

That is the time of my own holiday.

 

If I do not get a satisfactory response today, my next calls are to trading standards and VOSA.

 

By satisfactory I mean 1 of 3 things.

1. You collect the car promptly,

leave me a courtesy car,

then fix the car to a suitable standard.

This doesn't mean in a month's time.

Or

2. You agree for it to be repaired locally to me and you pay the bill,

if you chose this I will forfeit my right to a courtesy car to save you some money.

Or

3. Collect and refund the car in full.

If this is agreed today and refunded and collected within a week

then I will take it no further and pursue non of my already incurred costs.

 

I am trying to be reasonable despite you gaining my mistrust.

 

If you do not agree to a reasonable outcome,

I will be forced to have the car repaired locally and claim from you through the small claims court.

 

I trust you understand I am seriously not happy with the car or your service.

 

In 24 hours I will book the car to be repaired locally and pursue you for ALL of my costs.

Regards

Ben

---------------------------------

 

Hi Ben,

 

Apologies if you feel I have disregarded what you have said

but my hands are tied of you cannot get the car into us for further inspection.

 

As I am sure you will agree when you and I took the car out for a test drive the car drove very smoothly without any issues.

 

As you are refusing to bring the car back to us

I will forward this matter to our legal time who will be in touch with you very soon.

Kindest regards,

E

------------------------------

 

Hello E

 

You leave me no choice but to return the car under my short term right to reject.

 

Under the consumer rights at 2015,

I do not have to give you the opportunity to repair the vehicle within 30 days.

 

I will be returning the car for a full refund.

I have spoken to trading standards and they have taken your details.

I will be returning it on Thursday the 22nd of September and you will refund me in full.

Regards

Ben

------------------------------

 

Hi Ben,

Would you be able to please send me diagnostics that you have from your specialist you took the car to?

 

This would help us to determine whether or not we could cover the cost for your repairs to save you having to bring the car back to us in London.

 

I would like to do all I can to help, so I would like to know a breakdown of the cost that I can put to J.

Thank you

E

----------------------------

 

Hello E,

I refer you back to my original email.

On the drive home it shook violently when accelerating from 60-70 on the motorway and the air conditioning doesn’t work.

 

I have just been to my local Mercedes specialist for a brief diagnosis,

they have said the torque converter is causing the large vibration and the gearbox is juddering also.

 

They estimate this will cost £1600+vat to repair the torque converter and gearbox,

plus approximately £200 if glycol is found in the radiator,

which is common and contributory to the symptoms.

 

This doesn’t take into account the air conditioning not working,

there are also a few other faults I have not mentioned,

whilst less severe, which should be fixed,

 

 

the coil light comes on which possibly means 1 or more glow plugs have gone.

There is also a knocking noise from what I suspect is the rear suspension.

 

As I said before,

at this stage I insist (as is my legal right) that the car is returned for a full refund,

I feel this is best as the repair bill is going to end up over £2000+vat,

 

 

I’m quite sure you likely don’t have £2000 mark up on it, so best it is returned,

sorted in your own time and you can resell it with a fresh gearbox for an increased value.

 

As per my previous email,

I will be returning it on Thursday the 22nd of September and you will refund me in full.

Regards

Ben

---------------------------------

 

Please send the reports from the professionals you have taken it to so I can forward these onto our legal team.

As I stated James is not in the country until 5th August so I will not be able to do anything until he is back in the country.

 

 

The vehicle cannot be taken out of your possession without the logbook that was sent off to the dvla on the day you purchased the vehicle as it will be sent to you over the next 3-6weeks.

 

Thank you for this.

Good evening

E

---------------------------

 

Hello E,

 

Never did I mention reports or diagnostics which you request,

I said:

I have just been to my local Mercedes specialist for a brief diagnosis,

they have said the torque converter is causing the large vibration and the gearbox is juddering also.

 

They estimate this will cost £1600+vat to repair the torque converter and gearbox, plus approximately £200 if glycol is found in the radiator, which is common and contributory to the symptoms.

 

You are welcome to call them and discuss the car http://www.broadleyandholmes.co.uk/

I’m sure they’ll remember as it was only 2 days ago.

 

 

If you wish them to do a full inspection and diagnosis of the entire vehicle

then please arrange it and I will take it there, but it will be at your cost.

 

Under the Consumer Rights Act 2015 the law considers a fault to be what a reasonable person considers a fault.

It doesn’t take an engineer to see there is a serious and dangerous fault with the car, along with several minor faults.

 

I have no interest whether J is in the country or not,

I dealt with you for 90% of the sale acting on behalf of xxxxxxxxx Ltd,

issuing a refund is as simple as taking a payment.

 

 

The V5 is of no consequence, it is not proof of ownership,

I can forward it when it arrives or you can request it from DVLA.

 

 

Now please stop trying to delay, avoid and deflect your legal duty,

you are bound by law to accept this car, whether you like it or not I will get a refund and return the car,

 

 

if I have to involve trading standards further then I will do so, but I’d much rather it just be a smooth return and refund.

 

I will be returning it on Thursday the 22nd of September and you will refund me in full.

Regards

Ben

-----------------------------

 

Hi Ben,

 

Apologies for the late response.

Our legal team will respond to you by close of play Monday .

Thank you

Have a good weekend.

E

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good on you

FWIW you can return anything within 14 days and you don't HAVE to have any reason for wanting a full refund

faulty or not!

 

 

dx

  • Confused 1

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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Our legal team will respond to you by close of play Monday.

 

This always amuses me 'our legal team'. More like a solicitor from up the road. The only reason to have a 'legal team' would be because you only sell rubbish and have the need for constant representation and advice :)

 

Get in there.

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"Their legal team". More likely he knows he's well out of his depth and doesn't know what to do.

 

If he has a legal team, they'd tell him to refund without question.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You issue a claim through small claims court.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Limit is 10k

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Limit is 10k

 

Did it used to be 5k or ami going mad?

 

I'm thinking a change of attack on this.

 

I give them 7 days to collect the car and refund me or I send a letter before action.

 

I'll state that if it is done in 7 days then I'll disregard my losses and time wasted.

 

If it goes beyond the 7 days then I'll insist on my losses and payment for time wasted plus compensation for stress and anguish, plus a daily storage charge beyond the 7 days.

 

Any thoughts on this as my 'legal team' :)

I don't want to get there on Thursday to find they won't refund and I have a 200 mile trip home in a car I don't trust.

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I would send them the LBA and give them 7 days in that letter. Stop giving them chance after chance. Get the LBA off, in it state they have 7-14 days to do as you wish or legal action will commence without further notice. They are clearly in the wrong, they know theyre int he wrong but hope you dont realise it.

 

Its also very unlikely youll get compo for " stress and anguish" or storage charges.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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How's this? Going to post tomorrow if all looks ok?

18th September 2016

little house

land Road

land

town

ab1 9HF

 

dodgy dealer ltd

69 Lase Rd

Efed

City

CT20D

 

Dear E

Reference: Mercedes Benz S320L (Registration Number X123xxx)

 

Please accept this as a formal letter of claim in accordance with the Civil Procedure Rules 1998

 

Claimant:

me

 

Defendant:

dodgy

 

Summary of Facts:

I purchased the above mentioned vehicle from you on Monday 12th September 2016. On the drive home, once the car was at motorway speeds, it became apparent the car had a major fault and shook violently. It also has several other faults including faulty suspension, air conditioning and heater plugs amongst other minor faults.

 

Basis of Claim:

I have asked you to refund the vehicle as per your legal obligation under the Consumer Rights Act 2015, you have not done this or made any suggestion you are prepared to.

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

The vehicle has several major faults as advised by an independent Mercedes Specialist.

 

Amount of Claim:

I seek a full refund of £6500.

 

Next Steps:

You are expected to acknowledge this letter of claim within 7 days of the date of this letter, refund me in full and collect the vehicle from the above address within 7 days.

 

Your attention is drawn to the Civil Procedure Rules 1998 and in particular the Court’s power to impose sanctions if you fail to comply with the same. If you ignore this letter or fail to provide a detailed letter of response within 28 days, Court proceedings will be issued against you and this letter will be brought to the attention of the Courts in their dealing with costs. Your non-compliance with the Rules may increase your liability for costs.

 

I look forward to hearing from you within the next 7 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

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I've had no response yet,

I'm in the process of registering with the court MCOL.

 

 

I intend to put the claim through on the evening of 7 days from them receiving the letter,

obviously I'd much rather settle in the next few days then go to court,

it will cost me £410 for court and £239 for a full RAC inspection as I want it all in writing,

no point me going in to court and saying it shakes a lot your honour!

 

 

Although the law does say what a reasonable person would call a fault.

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How does this look at MCOL?

 

I purchased a vehicle from dodgydealer Ltd

on 12/9/2016, Mercedes Benz S-Class

(registration number xxxxxx) in good faith

that it was in good condition and of

roadworthy quality. On the 200 mile drive

home it became apparent that the car had a

major fault and shook violently.

I have insisted that I receive a refund and

the car be returned. dodgeydealer Ltd have

not been willing to accept the car under the

Consumer Rights act 2015 to return faulty

goods for a full refund within 30 days. I

wish to claim the cost of the vehicle plus my

losses incurred as a consequence.

£6500 initial purchase price

£700 20 hours of my time wasted

£239 RAC inspection for court evidence

£30 1 month of wasted road tax & admin

 

Date money became owed

14/09/2016

Date you are issuing a claim

28/09/2016

Claim amount

£7,469.00

Daily rate of interest up to the date of judgment

£5.26

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I would rethink the following...

 

£700 20 hours of my time wasted...court wont allow that

 

Andy

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

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Guest roaringmouse

I purchased a vehicle from dodgydealer Ltd on 12/9/2016, Mercedes Benz S-Class (registration number xxxxxx). On the 200 mile drive home it became apparent that the car had a major fault and shook violently.

 

I contacted the dealer who has failed to address the fault and I have subsequently rejected the vehicle in writing on (date), had the vehicle examined by RAC on (date).

 

I have requested a full refund and the car be returned. Dodgeydealer Ltd have not been willing to accept the rejection as is my right under the Consumer Rights Actlink3.gif 2015 to return faulty

goods for a full refund within 30 days. I claim the cost of the vehicle plus my losses incurred as a consequence.

 

£6500 initial purchase price

 

£239 RAC inspection

£30 1 month of wasted road tax

 

Do claim for interest at 8% pa and calculate the daily amount using the guide on the form.

 

* If you want to claim for time wasted, you will need to show the court how and why you incurred those costs. I believe the amount you attempted to claim is ridiculous and you want the court on your side. If you are self employed you could charge for the actual time spent collecting the car for example IF the car was bought for business use (make sure your insurance says business if you go down this path) , and probably a couple of hours of admin, but that would be it. You cannot claim realistically for the journey to collect the car because you may or may not have gone ahead with buying and would not have sued for those costs had you not purchased. You also could not claim for insurance for example as you would need that regardless, however you can claim if your insurer charges a fee for changing the policy from your existing car, or a cancellation fee if you have now cancelled etc.

 

Keep the RAC report and print out now the emails WITH their headers so there can be no dispute over where they came from or dates etc later. You do not need to send these at this stage.

 

I hope that helps.

 

If it goes to the point of you winning (probably by default) escalate it to the high court ASAP to get the sheriffs in to actually collect your money.

 

Check with companies house and keep a close eye on this LTD company in the meantime. If at any stage you see 'application to strike off' let us know.

 

Good luck

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Thank you for your response, I have removed the time wasted, I'd priced it at my 10 hours lost collecting the car, the back and forth of a dozen emails and time to do all this court stuff, at my rate of overtime my employer pays me.

 

The insurance was insignificant as I did it online there was no admin fee to switch, so the refund to transfer back to my old car I hadn't yet sold was only about £3 less than I paid as it was only a few days later.

 

The RAC inspection I've not had done yet, the faults were diagnosed by my local Mercedes specialist, but I thought it best to have the report done by a company which they can't claim is not independent, I planned to go back to the Mercedes specialist with the RAC report and ask for a written quote to put all the things right, not that I want it fixing, I want a refund and to walk away.

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Guest roaringmouse

RAC report would be more than enough for the court. Mercedes will probably not accept their report and would want to do a formal diagnosis which they will charge for. RAC report as said is perfectly acceptable. Make the RAC man a nice cuppa and then tell him the problem and let him confirm what you suspect in writing. Job done. Obviously claim for the cost of the report in your court claim.

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