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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!
       
       
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    • 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

Roofing job gone bad - who do we go after?


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Hi all,

 

Hope I can get some advise regarding a problem we've had with roofers. We are extending our house with two extensions and my husband has done most of the work himself but decided it was better to get a professional in for the roof membrane, battening and tiling.

He found a guy on MyBuilder who said he's done similar work and had photos to show, so after discussing costs, we decided to ask him to do the membrane and battens to suit the tiles we had bought, and to tie in the new roof with the existing one.

He did this, we paid him and then he decided he was too busy to do the rest of the job and suggested we find someone else to complete it.

We did this and they found that the first guy had cocked up the battens and membrane and the roof is not waterproof, and is raining in.

We were quoted £400.00 to make good and they did this but we have never been given a propert receipt for the initial job (only a quick note and bank transfer details) nor the making good.

We need to go after the first guy to recoup the £400.00 but we don't know whether we go official in his personal name or his business name, as I said, we only have a quick note and his bank details?

What would happen if we had to go to court and we'd put it in his personal name and he was adamant it should have been in the company name? Would we have to start again?

Sorry for all the questions, it's been a very long time since I've had to do this.

Thank you

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is it a limited company? If so you have to go after the Co, if it is just a proprietorial Co then you name the person, trading as XXX buildres or roofers or whatever. He will be laible regardless.

If you think it is a limited company look up its name on the companieshouse web site.

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