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    • Can I just suggest one thing   Ask them how the subframe broke and say you would like them to explain how changing a cv joint affects the sub frame   I'm not an expert but I've changed cv joints in the past and never needed to touch the subframe on a car   The axle itself might pass through the subframe but removing the cv joint usually just entails cracking the old one off with a split bar   I can't help but wonder if they've braced it against the subframe and that's why it's broken 
    • it wouldn't have gone to a (your?) local county court as you didn't reply to the claimform. northants bulk would have dealt with it as it was a default judgement.    
    • Thank you so much for the reply. I have tried to call the court (Torbay & Newton Abbot) but they are short staffed so cant answer ;-( Does the discharge mean it has been thrown out?   On the report is is just marked as the court date 10th December 2020 and under that Discharged. Thank you!
    • I need to repair the lead flashing on my side of a firewall on the roof of a Victorian terrace. It will involve hacking off the cement on my side, installing new lead and reapplying cement. Do I have to notify my neighbour under the party wall act before getting this work done? I was under the impression minor work was not notifiable. I would consider this minor work. From the party wall act:   "Some works on a party wall may be so minor that service of notice under the Act would be generally regarded as not necessary. Things like:  drilling into a party wall to fix plugs and screws for ordinary wall units or shelving  cutting into a party wall to add or replace recessed electric wiring and sockets  removing old plaster and replastering may all be too minor to require a notice under the Act."   The neighbour has got wind of what I am doing and has asked for written grantees that I will cover the cost of any impact on his side and is threatening to invoke the party wall act if I don't I don't want to write him a blank cheque as his side of the firewall is probably is as bad a condition as my side.
    • They will NOW debit   Sorry I need to relax before I type out responses. and reread them. Tried to edit the post but cannot
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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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Hi hope someone can help? :???:

 

My mum has dementia. Last year she telephoned BT to get her internet and home phone bills reduced as she was being charged for services she wasn't using and she was out of contract. They signed her up to a 18 month contract which has increased her bill plus the stop nuisance call service she pays extra for hasn't stopped the calls they have in fact increased sometimes calling in the early hours of the morning.

 

I have telephoned BT who have apologized and agreed to lower her tariff but we are not happy with the service especially as she has been paying so much more then she needed to for all this time. The first time I telephoned they agreed to 1/2 her tariff or she could get out of her contract without charge. I said we wanted to think about it but when I next spoke to them having decided to leave they said she would not be able to leave the contract without charge after all.

 

Is there anything we can do?

 

Thank you

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I think that the first thing you should do is to read our customer services guide and having implemented the advice there, call again and see if you can get them to check their files and the record of what they have promised in the past and see if you can get them to repeat or admit what they said in the past but this time you will be recording it.

 

This will be very helpful.

 

It seems to me that as she was out of contract, she shouldn't have needed to pay for any of those services at all and it was grossly unfair that they use the opportunity to sign up to a new contract.

 

In addition to making the calls that I have suggested above, I suggest that you call them again and start complaining about what is happening – but also put it in writing and tell them that is the beginning of a formal procedure to the communication ombudsman.

 

Emphasise that your mother is a vulnerable person by any definition and that they have taken advantage of her. Make sure that BT know that this would be the focus of your eventual complaint to the communications ombudsman.

 

If you can get the recordings that I suggested above then you should include these as part of your complaint to the ombudsman.

 

You could take stronger action by bringing a small claim in the County Court but I have a sense that in the circumstances this is not something that you will find easy to do and also the results may be uncertain.

 

Try the telephone complaint accompanied by the written complaint accompanied by (eventually) the complaint to the ombudsman and come back here and let us know what happens.

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