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    • Thank you, that is really helpful advice. He paid Goods and Services. I have all the messages we exchanged. Hopefully it will be fine, I just thought it dodgy that he's already saying he will send back if he's unhappy before he's even got the book. Why not have those conversations first.  I have another book to sell too and already have quite a lot of interest.  So am I best sending extra pictures of the condition to each interested person and making it clear it is sold as shown in the pictures and I won't accept refunds? 
    • Done.   I wont be able to send the SAR until the end of the month for TT as I wont get paid until then and I'm a little out of pocket as its my first month working after a spell of no work. Wil that be an issue?   Also what's to stop people jsut selling ficticious debts off? As far as I know, a telecoms provider can't charge you when you move and they can't supply, meaning that a large proportion of that debt is ficticious?
    • Good evening DX100   Here is a draft of my response to the court order.  I would be obliged if you could review it and avise me if I am on the right track.   Defendant Statement of Position in Response to the Order of the Sheriff   The defendant suffered Severe Depression illness almost 12 months prior to the closer of the Bank account. HBOS was made aware of the defendant illness.  A Medical Certificate dated 15 Sept 2017 was handed over to the bank as a proof. (A copy of the report will be submitted exclusively to the court review) The defendant, with the support of her ex-partner, sought a resolution from the OC regarding the escalation of her OD account, which it was mostly formed of extortionate bank charges/penalties being applied to the account. HBOS agreed to reduce the outstand OD sum to £XXX and closed the account. The defendant is confident that her ex-partner has settled the agreed sum with OC, but not absolutely certain, considering her health state at that time. She has been actively trying to reach for her ex-partner for documented evidence, but the fact that, we believe, he is a currently deployed by the UK military forces abroad and communication has been, to put it politely, very difficult due to the nature of his deployment. As the court is aware, the defendant has been trying to retrieve the data of her dealing with/from OC which it should reflect history of the above.  The defendant has already written twice to HBOS, as well as visiting her bank branch, on 01 March 2021, in person demanding the requested data.  HBOS promised to send the data to her as soon as they can. In addition to the above reasoning and contend, the defendant refute the claimants claim is owed or payable.  Due to punitive and extortionate fees the facility became untenable. Any alleged balance  claimed will consist totally of default penalties, punitive charges levied on the account for alleged late, rejected or over limit payments. The court will be aware that these charge types and the recoverability thereof have been judicially declared to be susceptible to assessments of fairness under the Unfair Terms in Consumer Contracts Regulations 1999 The Office of Fair Trading v Abbey National PLC and others (2009). I will contend at trial that such charges are unfair in their entirety and any alleged balance was due to punitive and extortionate charges . It is expected that the Claimant prove the allegation that the money is owed. Therefore the Claimant is put to strict proof to:-               a.    Provide a copy agreement/facility arrangement along with the Terms and Conditions at inception, which this claim is based on.               b.    Provide a copy of the Notice served under 76(1) and 98(1) of the CCA1974 Demand /Recall Notice and Notice of Assignment.               c.    Provide a breakdown of their excessive charging/fees levied to the account and justify how the Claimant has reached the amount claimed.               d.    Show how the Claimant has the legal right, either under statute or equity to issue a claim.               e.    Evidence how they have complied with sections III & IV of Practice Direction - Pre-action Conduct.     10.   By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Same thing. The fact that you declared £4.99 means that is the extent of any reasonable foreseeably consequence. Just go for that small amount. If they cause any problems then you can have a laugh when they spend many times more than what you're claiming in order to resist you. In future, when you contract with somebody – you need to understand that effectively it is an exchange of the reasonable expectations which you create in each other by your agreement.  
    • Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder   I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?
  • Our picks

    • 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
      • 25 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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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Had to walk home from Sainsbury's and leave my car in the petrol station.

 

 

Nothing wrong with the car and I haven't broken any laws.

 

 

I filled the car with petrol and went to pay using my debit card as usual.

Transaction didn't go through due to a problem with the internet.

I was told to go to the cash machnines to draw the cash to pay for the petrol.

 

 

The Sainsbury's cash machines were also not working.

I walked over to the Asda cash machines and they weren't working either.

 

 

Being unable to pay for the petrol I was not allowed to take my car from the Sainsbury's petrol station.

None of this is my fault at all.

 

I left my car on the Sainsbury's pertol station forecourt and walked home in disgust.

 

Should I return late tonight and steal my own car back and risk arrest for stealing petrol?

 

Or should I buy another car and send Sainsbury's the bill ?

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No it's not April 1st. Why do you think it is?

 

Yes go get it back, as they cannot legally impound it. Just make sure that first thing in the morning or tonight if still open you pay for the fuel.

We could do with some help from you.

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probably a local phone exchange issue and all cards/machines were like it

probably find they work now.

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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I think I will buy another car and send them the bill for inconvenience.

 

and tell me where your old one is :)

 
 

Any advice I give is honest and in good faith.:)

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My old what?

 

Sorry, thought you were going to buy a new car so the one in sainsbury's would be your old one, I could take it off your hands.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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I think I will buy another car and send them the bill for inconvenience.

 

You could try : their legal dept. will have a good chortle!

It doesn't sit well with your requirement to "mitigate your loss".

 

While you are at it, why not sue (by 'joining' them to any claim) the telecoms provider for the cash machines, your bank, Fred Blogs who was walking past, and the Almighty ..... you've about as much chance of a successful claim against them. So, don't be silly.

You have legitimate grounds for complaint, but being a 'drama llama' doesn't strengthen your position.

Did you 'drama llama' in the petrol station too?. Is that why they suggested leaving your car there until you had paid?.

 

If there was a technology fault, rather than inadequate funds in your account : Why not just leave them your name and address which is all the law requires, and make an agreement to return to pay. (+/- leaving some photo ID, if they needed further reassurance). If they weren't happy with this, and insisted on keeping your car, you should have asked for the police to be called.

 

What offence do you think would have been committed if you had left (with your car!), having:

a) funds in your account,

b) non-payment purely as a result of a technological fault, and

c) you had made reasonable arrangements to return to pay?.

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No at at all. I am an honest person. A rare animal these days.

 

ahh, yes, that sits so well with:

 

Should I return late tonight and steal my own car back and risk arrest for stealing petrol?

 

.

 

Get the money to pay out, return, settle the bill and take your car back. Stop drama'ing.

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Normal procedure is a form petrol stations have to complete like an iou when this type of issue occurs. Tesco does. I would write to their head office and tell them about what happened to you see what they have to say.

 

I think banter is being taken seriously. I'm sure Chief will/has returned and paid the bill by now.

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Guest roaringmouse

I would have called the police, they could simply take your details and provided you return within a reasonable time (say 24 hours ) and pay, their is no problem. Clearly the onus is on you to have payment available, but clearly you did everything REASONABLE to pay.

 

I would have got a taxi not walked and would certainly bill Sainsburys for the taxi. In any case, tell Sainsburys you want £100 in vouchers by way of compensation for the humiliation and (if you are female) putting you in danger late at night.

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I did go back the next morning and paid the bill with my debit card when their systems were working. I then drove my car home. The whole situation is sad and silly because I have been a regular customer of this Sainsbury's branch for over seven years. I know many of the staff and I am first name terms with many of them.

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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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Get a Formal Complaint of your experience into the Chief Executive:

 

Mr Mike Coupe

Chief Executive

Sainsbury's

33 Holborn

London

EC1N

 

Email: [email protected] (No Spaces)

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Transaction didn't go through due to a problem with the internet.

I was told to go to the cash machnines to draw the cash to pay for the petrol.

The Sainsbury's cash machines were also not working.

I walked over to the Asda cash machines and they weren't working either.

 

How many cars did they impound? This must have been the same for everyone.

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You really need to escalate this, especially as it was not your doing that they couldn't accept card payment. No doubt the garage has card symbols displayed telling you what cards are accepted, so unless they made you aware before filling that it's cash only as systems are down then they had no right to keep your car. You had every intention of paying and had the means to do so via the garages advertised accepted method of payment so in the circs they should have taken details and arranged for payment at later date. I'd have gone ballistic and no way would I have left my car but instead give them my details and invite them to call the police if they didn't like it. It's not a drive off or deliberate refusal to pay and you attempted to pay so clearly a civil matter and the police only needed to prevent a breach of the peace if some muppet tried to detain my car. For all they know you could have lived the other end of the country with no means to get home!

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You really need to escalate this, especially as it was not your doing that they couldn't accept card payment. No doubt the garage has card symbols displayed telling you what cards are accepted, so unless they made you aware before filling that it's cash only as systems are down then they had no right to keep your car. You had every intention of paying and had the means to do so via the garages advertised accepted method of payment so in the circs they should have taken details and arranged for payment at later date. I'd have gone ballistic and no way would I have left my car but instead give them my details and invite them to call the police if they didn't like it. It's not a drive off or deliberate refusal to pay and you attempted to pay so clearly a civil matter and the police only needed to prevent a breach of the peace if some muppet tried to detain my car. For all they know you could have lived the other end of the country with no means to get home!

 

I completely agree with your posting. However, I am getting old and I don't want the blood pressure associated with disputes any more. Luckily the Sainsbury's is just half a mile from my house, just a ten minute walk home.

Resulting from this incident I have now decided to only buy petrol with cash. When electronic networks break down cash still works. When and if we end up a cashless society, god help us when things break down.

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Guest roaringmouse

Cash. Oh yes. KFC last year we went for a couple of buckets for us and some friends. Came to £42 odd. I produced a £50 note and you would think I tried to pay with a dead baby. Bottom line was they refused to take £50 notes, so I have never been back since and have lost 14 stone in the process. I say 14 stone, wife left me.....:razz:

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