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    • which company are you dealing with?   they are definitely liable for the courier fee but to keep the problem under control and as manageable as possible, the best thing to do is to return the chair to them and then when you get your new chair you can  then sue them for the courier fee. your chances of success will be almost 100% and it will be interesting for you and you will require some transferable skills. after that you will feel sufficiently confident to go ahead and sue anybody else who tries to bully you and deprive you of your consumer rights.          
    • You wont see CIFAS on your CRA for something like this. You have to go direct to CIFAS for that. However... It is possible that they just closed your account because they werent comfortable about something but didnt trigger AMLR    
    • When I get my order confirmation  it does say guide price with a red * beside it and at the bottom of the order says the price you’ll be charged is the price on the day of delivery or collection.
    • OK.  It is highly likely that you will get your money back and the recording will have helped you.   The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.   If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days. Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.   In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.   It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.   The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.   Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.   The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence. I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.   Hermes are disreputable and people should avoid them.   Please read up on the Hermes threads and about small claims in the County Court and about mediation. We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents. It was all so unnecessary.   I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.   I suggest that you redact documents in the future.   Feel free to ask questions as you go along.   By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.   You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you. You never know, there is a remote chance that they may nor file an AOS - very remote.   There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.   Keep us updated
    • to prove I actually sold the car. I have resolved to go to court and the SAR shows all the notes on the account. The fraud department flagged this and despite all entreaties, they refused to release the money. The buyer has send across a screenshot of his bank statement and I have the sales receipt showing I sold the car. I have also asked DVLA for confirmation.    Do you know which legislation I can rely on please and which forms to use as I think I have all I need to show proof of legitimacy i.e.   1. Sales receipt (Issued by me to buyer) 2. Bank statement Screenshot (showing payment) and letter from buyer confirming they purchased the car. 3. Letters to CEO and their responses 4. SAR 5. Cover Note.    it has passed 80 days now and I believe if the NCA is involved it should show up in the SAR, in any event I don't mind engaging relevant authorities and showing the proof and transaction history.    thanks B-Bunch
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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A member of my family is in an NHS hospital. He has had a stroke that means he struggles to recognise places.

 

He has been assessed as having capacity, and wants to go home, so he is being discharged to living alone, carers coming in a couple of times a day, but basically, free to go where he wishes.

 

However, until all the carers etc can be sorted he is being kept on a locked ward, and the staff will not let him leave the ward.

 

Surely this is false imprisonment, if he has capacity they can't imprison him?

 

They have also said things like "you have to have a key safe fitted before we allow you home", and told him that he can't discharge himself.

 

Not that I want him to discharge himself, but surely, if he has the capacity to make the decision to be discharged into the community he has capacity to go down to the hospital shop to buy a packet of smarties?

 

 

What can I do? Surely they can't do this?

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Unless its a secure mental health issue, then they cant stop a patient from leaving.

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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The ward is kept locked, only the staff can open the doors, and they refuse when he asks.

 

 

When I visit I can only leave if the staff let me out, it is really horrible...

 

 

It is an elderly medicine ward, so not mental health as such.

 

It may be horrible to have to be let out by the staff, but it is necessary for SOME patients, (those who are confused and who aren't competent to decide to leave, who may otherwise 'wander)', so it isn't uncommon to find this, for their safety.

 

That doesn't mean it should be used to prevent the competent leaving, though!.

Have you discussed this with the ward sister, or his Care of the Elderly Physician (Consultant)?. It may be worth clarifying if they have concerns for his safety, if there is a deliberate policy, or if it is some over-zealous junior member of staff!.

 

Once you know they don't have grounds, then there are 3 options, in increasing levels of "impact":

 

1) You ask to leave, and he goes with you. You can go to the shop together, and he can return to the ward if he wants.

2) Arrange for a member of PALS to be with him when he asks to leave the ward. If they refuse, the member of PALS can advocate for him, if he isn't detained, and is competent to decide to leave. If they don't have grounds to detain him it is unlikely they'll decline when faced with a member of the hospital's own PALS team acting as an advocate ....

3) When they refuse to open the door for him, you or he tell them you will ask for the police to be called as he is being falsely imprisoned........ (I'd suggest being sure that he isn't being lawfully detained before this one!).

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PALS, as ever, are acting as the Hospital excuses department, I have never known PALS to act as anything other than a "PATIENTS ARE ALWAYS WRONG" section, but they have to be gone through before access is given to the higher levels of the complaints procedure.

 

The hospital have not gone through the Deprivation of Liberty procedure, I am not aware of any other lawful route that they could have gone down to be able to lock him up?

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If he wants to leave, tell hi m to set of the fire alarm. That will unlock all doors automatically.

 

Reckless advise which could and would endanger lives if resulted in a evac !

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Reckless advise which could and would endanger lives if resulted in a evac !

 

And result in a criminal prosecution

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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Guest roaringmouse

Trust me. If I want to leave any building and they refuse to let me, I WILL set off the fire alarm. When the police arrive I would simply explain that they refused to let me leave.

 

Nonsense advise that setting off the fire alarm endangers life. It is specifically there to SAVE lives.

 

The kind of advise that a child is given when a bully smacks them in the mouth - don't hit back. No DO hit back, twice as hard.

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Trust me. If I want to leave any building and they refuse to let me, I WILL set off the fire alarm. When the police arrive I would simply explain that they refused to let me leave.

 

Nonsense advise that setting off the fire alarm endangers life. It is specifically there to SAVE lives.

 

The kind of advise that a child is given when a bully smacks them in the mouth - don't hit back. No DO hit back, twice as hard.

 

Yeah, sod everyone else - Roaringmouse is stamping their feet and wants to play outside.

 

Halfway through delicate surgery Mr. Smith? Sorry, but we're having to stop and wait whilst the already stretched fire service send all available firefighters to a hoax call diverting them from real life saving oh and Mrs. Jones, don't keep pushing unless baby jones fancies making an appearance in the car-park. It's just that someone wanted a McDonalds happy meal and so they disrupted the whole hospital, every emergency service for 20 miles around and put countless lives at risk.

 

Do you want a fruit bag or fries with that?

My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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Yeah, sod everyone else - Roaringmouse is stamping their feet and wants to play outside.

 

Halfway through delicate surgery Mr. Smith? Sorry, but we're having to stop and wait whilst the already stretched fire service send all available firefighters to a hoax call diverting them from real life saving oh and Mrs. Jones, don't keep pushing unless baby jones fancies making an appearance in the car-park. It's just that someone wanted a McDonalds happy meal and so they disrupted the whole hospital, every emergency service for 20 miles around and put countless lives at risk.

 

Do you want a fruit bag or fries with that?

 

 

Spot on! Not to mention the oxygen supplies that get disconnected! So patients reliant on O2 are now gasping while ward staff struggle to get enough portable O2 tanks to them - while starting to evacuate the ward !

 

Roaring mouse you clearly are a selfish person whom thinks only of one self ! Do some volunteer work in a hospital when there is a fire alert or training evac and you will see how pathetic and selfish your comment is.

 

 

You could quite easily call the police from a phone on the ward or ask someone to call on your behalf no ?

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Guest roaringmouse

Well there you go then. A sensible answer form a sensible person or two.

 

My original suggestion was meant in jest, but as people were so keen to jump all over me I thought I would ramp it up a peg or two.

 

OF COURSE you don't set of a fire alarm. Did you REALLY take that seriously???????

 

The ward is probably locked for a very good reason. But if the person has been deemed fit to manage at home that does NOT mean they are deemed fit to wander around the hospital.

 

Instead of asking halfwits like me and many others on a public forum for advise, why not talk with the hospital itself. The comments about PALS I found interesting as I have always found them to be exceptionally helpful.

 

Apologies if my 'advise' offended. It was meant to be tongue in cheek.

 

I will take myself away from the forum now.

 

Whoever is in admin, kindly delete my account.

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PALS, as ever, are acting as the Hospital excuses department, I have never known PALS to act as anything other than a "PATIENTS ARE ALWAYS WRONG" section, but they have to be gone through before access is given to the higher levels of the complaints procedure.

 

The hospital have not gone through the Deprivation of Liberty procedure, I am not aware of any other lawful route that they could have gone down to be able to lock him up?

 

 

Are you sure the hospital wont have put a Dols on him, when my friends hubby was in hospital they put one on him without telling her, he has dementia and was in hospital to unblock his bowels, they kept lying to her saying they were waiting for a consultant to discharge him, then he had high BP and then excuse after excuse, turns out they had got SS involved and were waiting for a meeting with them, my friend is her husbands carer, she has excellent support from her family and there was no reason to put a care plan in action (which is what they were doing).

 

 

Why didn't they tell her they had put a Dols on him because they didn't have to and because only they and SS were qualified to know and act on his best interests his wife of 40 years apparently had no say and couldn't possibly know what was in his best interests..

 

 

Have a read of this it will explain what is and is not a Dols and who makes the decision and how it can be challenged

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS62_Deprivation_of_Liberty_Safeguards_fcs.pdf?dtrk=true

 

 

If it were a member of my family I would be kicking up a fuss and demanding answers it does look like they are putting a care plan in place and have got SS involved

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Well there you go then. A sensible answer form a sensible person or two.

 

My original suggestion was meant in jest, but as people were so keen to jump all over me I thought I would ramp it up a peg or two.

 

OF COURSE you don't set of a fire alarm. Did you REALLY take that seriously???????

 

The ward is probably locked for a very good reason. But if the person has been deemed fit to manage at home that does NOT mean they are deemed fit to wander around the hospital.

 

Instead of asking halfwits like me and many others on a public forum for advise, why not talk with the hospital itself. The comments about PALS I found interesting as I have always found them to be exceptionally helpful.

 

Apologies if my 'advise' offended. It was meant to be tongue in cheek.

 

I will take myself away from the forum now.

 

Whoever is in admin, kindly delete my account.

 

No need to delete. Just don't log in. Your replies overall since you joined have been very concerning and would put the poster in much more trouble. Especially when you're telling them to break the law

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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