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By BankFodder · Posted
Maybe now is the time to tell him that you have reported the car is stolen and that you have a crime reference number and that you have an interview with the police later on today or tomorrow. Maybe you should also tell him that you know about his company and his shady partner -
follow upload - one multipage pdf only please -
surely we can still go down the Police route as we have paid for the car in full? The 4K in his words is not a refund as a few days ago he told my son that he would send some money over to show he was not a con and that when he delivered the car we could deposit it back to him.. His last txt last night was that the 4 K was to show he was not defrauding, no mention of a refund from him and he was going to deliver the car this morning..the car is ours as he has taken the full amount and kept our car..so technically he has not refunded a penny?? the car is not coming I think we know so going to call him one last time then back to the Police and leave it with them.. we will try and pursue him definitely through the small claims as started that process last week with a first letter .. maybe we won’t get our money back but he needs to be taken to account over this.. yes we would like your help very much as you have helped us so much since the beginning of this fiasco.. -
CPR31.14 A response has come back from solicitors via email. Along with a number of attachments. Which I now need to download and print off. Should I insist that they provide certified hard copies? I did not supply my email address on the CPR request. Are the Courts not obliged to hold my data securely? They are the only ones to be given it via MCOL Thanks stephen XL -
I thought this case had gone away after posting my defence and hearing nothing back. Yesterday I received a 'Notice of proposed allocation to the small claims track' It tells me This is now a defended claim. The defendant has filed a defence but there is no copy enclosed I have the option if i believe the small claims track to be inappropriate to explain why It also offers me the opportunity to enter into mediation or settlement. What do you advise? Many Thanksparking small claims.jpg.pdf parking small claims.jpg.pdf
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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By
Mr-Pieman,
in Online Stores
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