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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

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In November 2015 I had the roof of terraced flat repaired/replaced (20 year guarantee on both labour and materials - ha ha!). The work involved repairing/replacing rotten timber and strengthening the roof where it was no longer supported by an internal wall (removed by previous owner). The contractor mentioned Building Control and consulting a Structural Engineer but when I contacted Building Control they knew nothing of the job. The roof is very poorly done, there have been a number of leaks and the structural work is badly done. The contractor has been back numerous times to correct many things but the whole job is so bad the roof will probably have to be stripped and redone. Re-doing the roof was part of a refurbishment project that should have been completed a year ago; it is still unoccupied so consequential rent and council tax losses are mounting up. The original bodge-job cost £9.5K; I have been quoted £15 by a reputable company to put it right (not satisfying all of the Building Control requirements) so any claim would be over the £10K Small Claims limit.

The current situation:

 

  • Building Control are waiting for Structural Engineer's calculations from the contactor (contractor has had site meetings with both).
  • The contractor has not replied to my emails/made contact with me since
  • The contractor's solicitor has not replied to my emails, not even to confirm if he is taking instructions from/acting from him.
  • The manufacturer of the roofing membrane (warranty) has not replied either

All the usual letters have been exchanged (reasonable skill and care, CAB/Trading Standards Pre-action Protocol) but there is a stalemate. I cannot afford to spend over £15K to get the roof re-done, even if I did the contractor's solicitor has objected to any work being done by a third party making it more difficult to recover the money. A Fast-Track court case would take about a year and be very expensive - then the contractor would probably not pay-up or settle out of court after I had spent a fortune on legal fees. Every month I lose over £500.

I got a solicitor to write a letter back in July, that cost me about £600 and he basically said I had already done what was necessary letter of claim wise.

 

Any ideas please.

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you may have to take a pragmatic approach and get the report about what is wrong and the fact that it has to be redone and sue for the amount you actually paid to keep it under £10k just to speed things up. As for contractors solicitor objecting, well as long as you have the report that doesnt make their squealing worth anything.

Fast track no more expnsive than small claims procedure apart from having to pay ut their costs if you lose. Tick multitrack on form and you may well get a directions hearing that the builder has to attend or risk summary judgement.

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