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    • There is no sample letter for this kind of thing. All the very circumstances are generally speaking so dissimilar – that you need to make your own letter. I have no doubt that Hermes has a complaints process and that is what you need to engage with. I'm not saying that their complaints process is any good. In fact as far as I hear, it is rubbish – but you need to begin it and to make sure that you keep copies of screenshots already emails or letters so that you can show that you have raised a complaint with them and after waiting a reasonable time, say, 10 days to 14 days, you gave up or else they declined your complaint and then you decided to start taking formal action.  
    • Hi    I’ve spoke to my GP and they said they’ve been told by the government not to hand out any letters for people and I need to go onto the government website and I can get a letter of there.    I’ve searched all over the website and can’t find anything but the template for the exemption card I already have.    It makes clear on the website that you don’t need to proof any medical exemption but the police and shop keepers clearly think otherwise.    I don’t no if I’ll have an argument now since my doctor won’t even see me so I can proof my anxiety. I don’t fancy paying solicitors fees if it has to go to court. I’d struggle paying the £200 fine at the moment let alone anything else.    I’m going to ring CAB today and see if they can help in anyway. I think it’s likely I’ll end up paying but I really don’t think it’s fair as I followed the rules the government set.    If I do have to pay it is there anyway I can pay it in instalments or convince them to still give me the £100 discount? I’m not a solicitor so I’ve needed more time then two weeks to figure out were I stand.    Thanks  Andrew 
    • If i was to contact AX today and tell them a family member can loan me the money for a new car so the hire car can be collected . i could see what they say to this. Is this a good idea?
    • I am sorry i find this forum bit hard to navigate can you please provide me the link where i can see any sample complain letter, so the letter text i sent in my previous post is not a complaint letter?   Secondly i don't mind at all if you are correcting me, English is not my first language and it is much appreciated that you correcting me, i have found the correct word "tampered". Thanks  
    • Young Professional Preparing For Your Future: the free new virtual learning programme for young people aged 14 - 16 from Youth Employment UK View the full article
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    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 25 replies
    • 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
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Hi,

 

I bought a used car tonight that was advertised with the tagline "Mazda 2 TS with A/C ..." and in the description as "GREAT 5 DOOR SUPER MINI with AIR CONDITIONING". Having driven the car home there does not appear to be any air conditioning in the car. Not that the A/C is broken, there is no A/C. Having checked the vehicle specs it appears that, when purchasing new (I am buying used, 2009 reg car), there is A/C as an optional extra, which doesn't appear to have been taken.

 

What are my rights as a consumer having handed over ~£3k of my hard earned. The car was bought from an approved Mazda dealer but as I have only bought the car just before they closed I haven't had a chance to raise this with them. I plan on calling them tomorrow to ask about the problem but would like to understand my rights before hand as I don't want to be fobbed off.

 

Thanks,

Andy

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You are protected by the Consumer Rights Act. Clearly the car doesn't correspond to its description and so they are in breach of contract and you are entitled to a full refund immediately. Any ancillary losses such as insurance, fairs, petrol, et cetera et cetera would all have to be met by the seller of the vehicle.

 

You can do two things. You can either return the car and insist on a refund or you can negotiate a better deal. If you intend to negotiate a better deal than I think that you would be looking for a pretty substantial reduction but you will have to decide if it's worth it.

 

Now is the time to test the dealer because if you find that they are unhelpful then I would be looking to get away from them immediately. You never know what else there is down the line in terms of defects or faults which appear over the coming year or so and so the attitude to this problem may well tell you something about their attitude to any future problems.

 

There is no need to be fobbed off about anything here. You are completely in the right and you have an absolute right to a refund. Frankly I would suggest that you get the car back to them and do on the forecourt. Take photographs of the car when you leave it and if possible bring a witness so that nobody later on says that the car was damaged when you brought it back – you never know the kind of things that can happen!.

 

When you do take it back then cancel insurance, advise DVLA and make sure that you have nothing further to do with the vehicle. Get written evidence of all the costs you have incurred and submit that to the dealer as well. Frankly any dealer that makes these kinds of claims and so obviously mis-describes the vehicle they are selling, immediately starts ringing alarm bells – in my mind anyway.

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Thank you so much for your advice. I went to the garage today and actually the dealer was really understanding and has given me a full refund. I guess I'll have to take their word that it was an admin error on their part when putting the ad online as to be fair the salesman didn't tell us it did have A/C (nor did we ask due to the ad).

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