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By 2Ridgebacks · Posted
This the reply from RAC, we did not get a receipt, and had no idea about a trade sale. The sales invoice seems to have been created later to satisfy the RAC as there are no signatures on it, the HPI check shows it was carried out on 7.4.2021! I can confirm we have been in contact with the selling dealership, Hills of Lymington also known as Hills Prestige and they have provided us with a copy of the vehicle sales invoice which shows that the vehicle was purchased as a trade sale, I have attached this for you. The dealership have also advised us that they were not aware of any accident damage to the vehicle and provided a copy of the HPI report, which is also attached. Unfortunately, we are unable to continue with our ADR Service, as this does not apply to vehicles purchased through a trade sale. I understand this was not the response you were hoping for, but unfortunately, we are unable to assist you further in this instance. I would recommend seeking legal advice for guidance on what your next steps would be. -
By BankFodder · Posted
Yes of course. That's the only way to go. The county court system in this country is excellent and the ease Of access is probably the best in the world. However, this is not something you want to rush into. We need to do some careful preparation. It won't take very long but we need to make sure that we have all the information together and also that you understand the steps involved in bringing a claim in the county court. It's pretty straightforward but it will make you much more confident if you understand the route rather than have to ask us every step of the way. Please start reading up the steps in bringing a small claim in the county court. Although I have referred you to the small claims process, there isn't a huge amount of difference when you get things going. We have pretty well all of the information you need on this website. We also need to understand what further information you should put together if any. I would be especially interested to understand why the RAC have knocked you back. Please monitor for a further reply tomorrow -
By 2Ridgebacks · Posted
wow, thank you so much for such a comprehensive reply, the vehicle has thrown up some engine management issues, warning lights etc which have been cleared with a code reader, likely to return though. I have been told that I could use 'Money Claims Online', what do you think? Its a new service I believe. I don't think there is such an opportunity for obfuscation and costs are limited to 4.5% of the value of the claim, I think! -
By steve1969i · Posted
Sorry DX my over excitement or annoyance. On this bank of Scotland credit... Taken out 2003 defaulted and sold to Cabot around 2006. Been paying them £5 a month upto July 2016. Then on advice...thanks DX...CCA to them. Normal response no information available,will be in touch again in 40 days. Out of the blue Jan 2021 reiterated balance outstanding. I explained about my CCA request back in 2016 and they could not find anything. They then advised they would investigate and to give them 16 weeks. Out of curiosity today rang them..about 15 weeks. Advised they had a an agreement for the card. As yet nothing in the post. Hope that makes more sense🙂 Will post up correspondence...if received -
Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Picked By
BankFodder, -
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