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    • total charges is approx £96 out of £1680   but actual amount they are claiing is £2k    
    • Part of the Hermes' business model – they sell you a delivery service then botch it and then try to deny responsibility. They sell you an insurance – and then try to renege on it but keeping the money – they then make you work for nearly 5 months to get your money – and then in the end they pay you out but they try to keep back the money you spent trying to get your money back – which is really just enforcing their so-called insurance policy. This is dishonest. It is very clearly cheating their customers. I don't believe that the senior executives don't know about it. But hey, what do they care?
    • Excellent. Well done. I'm pleased for you. Yes they always try to claw back something – to satisfy their sense of pride. The money should get to you pretty quickly – they obviously don't use Hermes to deliver it.   Thanks in advance for any donation – but wait until you get the cash before you start chucking it around!
    • Well done and thank you for coming back to update us.   Thank you also for the donation, much appreciated.   HB
    • Delighted to report back that I have won my money back.    Minus the £25 claims fee but I did try (I pointed out that this amount is negligible to a huge company but a lot to me).    The whole mediation process was completed within 30 minutes, with a bit of back and forward between mediator, Hermes and myself.    The mediator was excellent and didn't put any pressure on me.    I am really pleased, it's been a long slog and very stressful, but I'm glad I persevered.    Thank you so much to everyone here for their help in getting through this! I'll be making a donation as your support is much appreciated, particularly @BankFoddermany thanks 
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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.
       
      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
    • 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

purchased car mid may, had regular trips to dealer to be repaired


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Hi All

I purchased a C8 in May this year, from around June the car has been back to the garage with the same issues, Diagnostics showed rail pressure sensor, fuel pressure sensor, or even both everytime they plugged it in and reset the the fault code, last time it was in the garage (just 2 weeks ago) they changed the map sensor. and and we are still having power issues as well as EML coming on,

 

Well today the car ended up being bought home on the back of a truck and the diagnostics the mechanic did before he picked car up showed same faults again...

 

Can I just reject this car now or do I have to give them another chance to fix it

 

please help

 

many thanks

Lets

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I think that I would certainly be rejecting the car now. It's a shame that you didn't reject it right at the beginning within the first 30 days. It would have been much easier.

 

After 30 days but before six months, under the new 2015 act, the dealer has the right to attempt a repair after which he must replace or refund the price – and in the case of the car, minus part of the price to reflect the benefit that you have had from the car. After six months, things change and it depends on the seriousness of the defect and whether it deprives you of substantially the whole benefit of the contract. Because you are now after six months, I'm not quite sure that the position is because the fault that you are complaining about is one which existed before the six months and which the dealer tried to repair but which is continuing. I'm not sure whether in this case you're right to reject could be said to have been invoked at the time he attempted his first repair.

 

However, it seems to me that the fault is so serious that you satisfy the test that you have been deprived of the benefit of the contract and so on this basis, I think that you have a right to reject. However, I think that you have to invoke the right and so therefore I think that you need to write a letter to the dealer and tell him that in view of everything that has happened and the fact that the car does not run and the fact that there have been several repair attempts on the same fault, you are now rejecting the car.

 

Of course, if you want you can give him another chance to fix it but I would make sure that he has it in writing this is the last chance and that afterwards the car will be rejected. So play which way you want.

 

After that, you will find out what kind of dealer you have contracted with. Is he a consumer facing dealer who respects your rights and acknowledges his proper responsibilities – or is he a bit of a cowboy and is simply trying to get away by depriving you of your proper consumer rights.

 

Let us know how it goes

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Many thanks BankFodder,

I will be doing a letter for them to have tomorrow rejecting the car, as enough is enough. we havent been anywhere as such with the car, the furthest we have been in on trip has been 14 miles there, because we havent been able to rely on the car.

 

i was thiking about giving them 3 choices

1) take car back for full refund

2) give us 1/2 back of what we paid so that we can get the car into main dealer to be repaired properly.

3) get them to take it to main dealer for repair and they cover the cost

 

 

what would be your thoughts

 

Many thanks

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1) you wont get a full refund, the dealer would be entitled to adjust the amount for fair usage.

2) I dont like this idea, what if the main dealer cant repair it either?

The original dealer has resolved the issue as far as he will be concerned so you wouldnt be able to then go back and demand more.

3) Seems to be a reasonable suggestion as long as you make it clear its the last opprtunity to repair before the car is rejected

 

Others may well suggest alternatives in addition to the above

PLEASE HELP US TO KEEP THIS SITE RUNNING

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I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Well I sent an email to the garage last night giving them 2 weeks to get it sorted or i will be looking to recieve a full refund and return the car to them, and that if nothing happens i will be looking to recover the cost through the courts.....i also phoned them first thing this morning, and the said they were just reading the email....and they will call me back.... mins later they called back to say they have booked the car in with mai dealer for wednesday and they will collect tomorow ...

 

 

so we will see what happens

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Ok keep us posted with the main dealers findings etc

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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Well have picked the car back up yesterday and was told that the problem lies with the car running low on fuel putting the blame back on me for the faults,

when i picked te car up i actually did a voice record and explained what fuel i pu i the car and at which millage point for example £15 every 90 miles, as the gauge cant be relied on..the dealer didnt say much to that.

 

i also asked that as the car is now sorted, i wont get any faults ...was told hopefully not.....

 

so now we will see.

 

"whats with the software update J66"

 

will keep you posted on the cars issues

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