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    • They are very nonsensical aren’t they? As far as I can tell they have no proof of ownership of debt whatsoever - it feels like they’re just hoping I cave in 🙈   I’ll get onto the CRA’s now - thank you 😊 
    • Thanks ...okay well as you are already aware you will get more sense out of your bin than talking to Arrow...so I would now escalate it by informing the Credit Reference agencies and submit a Notice of Correction ( each CRA has its own instruction's on how  to submit) and they will contact Arrow asking for details of the debt....if that fails you can contact the ICO (information Commissioner's Office) and raise a complaint re false data reporting.     See how you get on.
    • I have a sense that you haven't been reading around because if you had been you would have seen lots of draft particulars particulars of claim and lots of explanation about what is necessary. Are you familiar with all the arguments? Are you familiar with all the steps needed to take a small claim in the County Court? Maybe you should hold back for a day or two while you do some serious reading on this forum. We've got all the information here. We got the benefit of the experience of lots of people doing exactly what you are trying to do. If you stop for a moment and do the reading around you will feel very confident and empowered   I'm afraid this also confirms my view that you simply haven't done any reading at all of the sub- forum. This point comes up again and again with Hermes and there is a very simple answer to it which I have repeated in other people's threads so often that I don't think I'm going to go into it again here. Please spend the next day reading and you will soon find the answers to your questions. Once again, it will make you more confident and more empowered
    • Just to clarify, am I on solid ground stating the defendant lost the parcel, when parcel2go are the broker for myhermes and it's parcel2go who I'm challenging?   Thanks. 
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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

Envisage Promotions ...debt advice please


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Hi,

 

I hope this is in the right section.

I was looking to hire two butlers for an event

 

 

phoned around and got a quote of £184 for two hours which I thought was okay.

The company emailed me the quote and told me to fill out a booking form which I did and then they would send me an invoice.

 

 

I got the invoice a few hours later and realised they meant £184 each so with vat the bill was over £400.

I emailed back and said sorry thats way too much please cancel.

 

Received an email this morning saying I cannot cancel without paying £100 plus vat for the considerable amount of time they have invested(?). If I dont pay in two days it will go up to £184 plus vat.

 

I have not signed an agreement and there are no terms and conditions on their website

(they did send me them after I filled in the booking form online).

 

Any advice please?

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they are talking utter cobblers unless you booked them for the same day.

 

A verbal agreement is a contract but you are protected by consumer contract law that allows you to cancel distance contracts giving 14 days notice.

 

 

so was your event within the next fortnight?

Booking form is not a contract, it is an "intitation to treat".

 

Imagine you went into a clothes shop and asked for a pair of trousers for about £100.

The assistant got a pair of nice chinos down from the shelf

you tried them on

said that you liked them, how much?

 

 

he said £200

you reminded him of your budget

his answer is

"well you tried them on and said you liked them so that is a contract to purchase"

you would think him mad and rightly so.

the same applies here.

 

 

The contract only forms when there is a "meeting of minds" as the judges quote often gets relayed in the textbooks

 

Ultimately this is a frustrated contract,

they cannot supply the people at £184 for the 2 people so you are not obliged to pay for something different.

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Thanks for the quick reply,

I thought it was not a contract but its always better to get someone with more knowledges advice.

 

 

The event is in 18 days and as soon as I realised the error I let them know.

 

 

Maybe I misheard the guy but I genuinely thought it was a total of £184 plus vat and not double that or I would not have filled in the form.

 

I will let the guy know about the initiation to treat and see if that stops him in his tracks.

 

Thanks again.

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Just had this reply:

Regretfully you appear to have misunderstood that completing a booking form is entering a contract.

 

Please see attached our agreed terms and conditions, I have also highlighted the relevant section below for your convenience.

 

6. Cancellation

6.1 Without prejudice to any other right or remedy available to it the company shall be entitled to cancel the contract or suspend

any further performance under the contract without any liability on the part of the company or the talent.

6.2 The client shall not be entitled to cancel the contract without the prior written agreement of the company.

 

I am trying to help reduce your costs, and would maintain my offer of a reduced fee if you decide to cancel.

 

If you decide to not respond as detailed in your previous email this will be handed across to our debt recovery team, at which point the full amount will be charged and you will be liable to pay additional fees implimteded by STA Debt Recovery.

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It's not entering into a contract. And they're threading you with a scary? Hahaha. Pathetic. They also can't add anything else on because there wasn't a contract and theres no terms.ans conditions to allow it.

 

Dsr overruled whatever they think they can do. Perhaps politely tell them to read it in full. Your statutory rights cannot be overruled.

 

Just like you can order bt or sky and cancel without penalty in the first couple weeks.

 

Can you name.the company please.

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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When did you get the T's & C's in relation to returning the booking form?

 

Did the booking form include the price at "£184 x 2"?

 

Were you running the event as a business or a consumer? This will affect if the DSR's apply.

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When did you get the T's & C's in relation to returning the booking form?

 

Did the booking form include the price at "£184 x 2"?

 

Were you running the event as a business or a consumer? This will affect if the DSR's apply.

 

When I spoke on the phone I told them what I needed and the guy said £184 plus vat and gave me a quote reference which he also emailed me. The email had no prices but did have a t&c attachment and said to fill in the booking form online so they could raise an invoice. They then sent the invoice and I realised the price difference and told them by email that I wanted to cancel as we must have got our wires crossed regarding prices.

 

There were no prices on the booking form - it wanted to know dates, times locations etc and the nature of the event.

 

All communication was through my personal email account but I completed the booking form with my husbands business details as it was for his event.

2017 Envisage Group Terms & Conditions.pdf

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No prices on the booking form & price not being made clear before = "no certainty".

I'd say "no contract formed" as a result.

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their terms arent legal and cant be applied retrospectively even if they were.

Now, no more phone calls, no emails. You communicate by letter post only and put your email setting to bounce his messages back. The threat of using a dca tells me that he knows that there is a problem with his agreements and to futher that he makes it clear that he is acting as a middleman so cant actually speak for the others with any authority.

Ignore anything other than a court form from now on

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No more than an Invitation to Treat, certainly no contract.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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