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    • Yes, it's a new guitar, the one I was sending back was to be sold to someone else.   Will take a peek at that tomorrow, have to prepare food now.   Thanks again for your time BF, you've honestly been a greater help than you could imagine.
    • I'm not sure what the import export rules are, but as you have already bought it – and presumably you've got the purchase receipt – and it has simply been sent abroad for repair, then it shouldn't cost you any more money in duties. Of course this is assuming that you get your one back. On the other hand, if it's a question of having to buy a new one with your court winnings – which is maybe what you have in mind, then yes it would be more expensive. Maybe we will have to look at the possibility of claiming extra to take that into account. However you would have to come up with a definite figure and it could be considered as unretreivable consequential loss. But we can have a look. Have a look around this website for information on how to bring a small claim in the County Court. It's pretty easy but you need to know the steps if you want to be confident about what you are doing.
    • Thanks again for outlining the process, my mind has been racing back and forth between all the possibilities and to see it all written down in plain detail is rather helpful.   I will definitely be forthright and won't be pushed around, and have the funds to go the whole way, have checked my local court for the costs and they are well within reason + I do expect to win.   Time frame seems about what I was considering as the likely length it'd take, so thanks for that.   Because we'll be outside the trading EU trading bloc, my guitar might become quite a bit more expensive after Jan 1st, so will have to take that into consideration.   As you've said, will wait for their response and act accordingly, hey it may even show up... right?        
    • Well ParcelHero will try to pass the buck and they will try to say that in fact that Hermes terms are implied into their arrangement with you. However, the most important thing is that you are completely above board. You declared what it was. You didn't try to reduce the value – and even bought their so-called insurance for the full value. Everything is in your favour. Don't expect ParcelHero to be very pleased about it and maybe I'm doing them a disservice – but I suspect that they will drag their feet and I would suggest that you don't stand for it. You make your complaint. You want short deadlines. You assert your own timescale and you keep control of it. Don't allow them to pass the buck or to lead you around by the nose. If you are going to begin the complaints process on Monday then frankly you want to reply by Monday week. Assuming that reply is a negative – then you protest about it and give them another seven days – and then you issue a letter of claim giving them 14 days and then you send them the good news. That's roughly how it goes. I'm afraid that in terms of timescales, they will have 28 days from the time that you click off the claim – assuming that they file an acknowledgement of service – and then there will probably be another month or two before a hearing is listed so don't really expect to get this sorted out until January/February. I think that your chances of winning are excellent. Assuming you win then you will get back your claim fee and your hearing fee. You had better check the County Court website to see what these fees are. I expect that ParcelHero will want to test you by pushing you at each stage to see whether or not you are prepared to outlay on the next stage of the litigation procedure. I also suspect that they may choose to go to mediation – read what we have to say about mediation. This is where they will try to get you to compromise on your rights in order to save a few quid and to avoid the risk of a judgement against them. Of course you will have to do consider your position and you will have to consider whether you are prepared to accept a smaller amount but give up the risk of losing in court. If it actually goes to the hearing then there is a possibility that they will put their hands up just before the hearing – especially as you did buy the insurance – but if not then they will go to court. I'm not sure what issue they would focus on by way of a defence – but you would see that once they had responded to your initial claim form with the defence. And of course I might have it all wrong – and they may simply roll over next week – but don't hold your breath.
    • Hi BankFodder!   Thanks for getting back to me so quickly and with so much information.   Yeah, massive fail. Never had to use a courier for anything, and Hermes seem to deliver things around here without any trouble, as I said friendly with my driver... but lesson learned for sure.   Yes the insurance, or whatever they call it "cover" is with Parcelhero, I noted that Hermes didn't cover guitars and only had £300 worth of cover available so that was a no go.   Never been to court etc.   I will keep you updated on how the complaints procedure is progressing, and honestly having the support for the further eventualities has really helped me not feel quite so alone and frustrated, so thank you for that.   If my contract is with Parcelhero then it shouldn't really matter what Hermes terms are, as Parcelhero would be liable?   Nothing will happen over the weekend I'm sure, but fingers crossed for some response come Monday.   Thanks again BankFodder.
  • Our picks

    • 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.
       
        • Thanks
      • 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!
        • Thanks
        • Like

Victim of fraud but I'm left paying the price! CIFAS marker Please help


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Hi Wales, im sure you should get the marker removed & financial reputation back if that is your biggest worry? Im not holding out much hope for you getting ALL your money back though!

 

I really don't want anything back, I just want this CIFAS marker removed so I can carry on with my sad little life hassle free with no bank account closing, bills not being paid because of it! It's ruined my my life right now

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Hi

This is quite interesting as we had the same issues with some of our Cousins who are well known for this type of thing and with the same Bank

 

It is probably too late to help you but may help someone else in the future

 

We received a payment of 14K into our business bank account which looked like an error

( we had done business with them and they had settled a small debt the day before )

 

My approach was to contact the bank and seek their advice

 

Their advice was sensible.

"Contact the sender and ask their bank to recall the transaction having given us the authority to send it back."

 

When I did this someone called me and gave 6 fairy stories as to why i should pay this money into his bank account instead.

 

I politely declined stating my bank had advised me to do no such thing.

 

The advantages of letting their bank recall are

Any funny business and it is the banks problem and not mine

The transaction is unwound so there are no tax, money laundering,or police, or the bank closing the account implications at all.

my advice to anyone is Contact Your Bank

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