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    • So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in!   Am incredibly pleased and thankful to CAG! I didn’t know this great  community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going!   Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
    • ???   you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable. cause i bet you 100% it won't have come from them awaiting the OC to send it....their raiding their filing cabinets now i bet..
    • Still waiting for these diagrams. We've been dealing with this story for nearly 48 hours now and we are only starting to understand exactly what happened and we still haven't got information that we've asked for.  
    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then braked- leaving his van in an angled position, it literally happened within the space of a split second  
    • Update: the lawyer friend sent a very good legal letter last week  The third letter will be sent over the next few days - here is the proposed text - your comments welcome as ever: Dear Will & John Letter Reference:xxxx I write with reference to your recent letter in relation to PCN numberxxxxx You threaten Court proceeding on behalf of your client yet your client’s rationale for charging me has no legal substance. An alleged parking offence as a breach of an alleged contract.  I have no contract or terms and conditions with your client.   Furthermore, the sum you are requesting is fictitious. I have no intention of paying any monies to your client. You had no legitimate reason to access my personal details so are already in breach of GDPR by texting me several times on my personal number which I have not given permission for you to use.  Coupled with the several letters you have sent your persistence amounts to nothing short of harassment. Should this continue I will have no hesitation in contacting the ICO to report the breach. The letters I have received will be useful as tinder for the open fire in my living room now the weather has turned cold again. Should you wish to take me to court, I will be seeking full costs through a recovery order under CPR 27:14 which will come in handy now I find myself in the unenviable position of redundancy as a result of Covid. Yours Sincerely   Copied to PCM UK "you don't want to be Gladstoned"   Thanks AJJM
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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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@talktalk - taking to court to save time/stress


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Hi all, Sad (but happy!) to be back on the CAG - as it means another legal issue.

 

For my sins I took out a contract for fibre with TalkTalk a few months ago. Previously I was with BT directly and never had problems. Once the switch was done to TalkTalk it was dire and never worked fully since - dropping connection, slow speed, awful CS, and so on. I initiated a complaint with them internally and they gave themselves 28 days to fix it; over a month later it still isn't fully fixed so I have given up with them.

 

I have written several letters and CC'd them to the CEO but just get boilerplate letters back. All I want to do is leave and move to another provider. TalkTalk have relented here but are saying they are owed the rest of the contracted amount - £300 odd!

 

I am concerned cancelling the Direct Debit will mess up my credit history so I am minded to let them take the funds out, then go to MCOL to recover the funds + minor costs that way via 1982 Supply of Goods and Services Act and their failure to follow.

 

OFCOM refer me to some pointless and drawn-out "alternative complaints procedure" but frankly I have wasted enough time on this petty issue and just want to move on. My question is, given that TT have failed to fix the issue despite being notified within a lengthy timeframe, can I go directly to MCOL and recover costs that way, or will MCOL look down on me for not following OFCOM's useless alternate resolution garbage?

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you would need to comply with the new

PAP rules

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

 

however upon your initial question also..

 

8. Subject to the above, should the alleged amount claimed include an early termination charge(s) amounting to the total balance of the remaining contract, OFCOM guidance clearly states that any Early Termination Charge, that is made up of the entire balance of the remaining contract, is unlikely to be fair, as it fails to take into account the fact that the provider no longer has to provide and pay for their service.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks. Just to clarify I am an individual and registered with TalkTalk as such:

 

"The PAP will apply to any business (including sole traders and public bodies) claiming payment of a debt from an individual"

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Hi

Regarding the slow speed and drop outs. Have you run tests at certain times a day to make sure it isn't traffic management in operation. This is where an ISP slows down certain parts of the network so that others can use the internet at busy times.

 

If the download speeds are significantly lower than expected or even promised then you should be able to leave with no penalty.

 

Talk Talk are members of the voluntary Broadband Speed Code (residential)

 

http://tinyurl.com/y8kf66wg

 

Have a read and see if it applies in your case.

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Hi,

 

Thanks for replying. I don't think I have been fully clear so let me clarify the entire situation with you all, and see what conclusion you come to.

 

1. Joined TalkTalk 2 months ago, immediately was getting 0.7MB/s rather than the promised 15MB/s+. Previously was with BT, same phone jack, same equipment, same everything except the ISP where I was getting 25MB/s. I was also getting dropouts between 7pm and 10pm every day, i.e. no internet at all.

 

2. Reported this to TalkTalk. Firstly they blamed it on line attenuation and settling down, and all this nonsense.

 

3. A few weeks passed and I kept getting passed off, until I made a complaint with them and asked to leave. They then set up some meaningless "internal complaints procedure" and gave themselves 28 days to fix the issue. I was 1 day outside the "cooling off period" , sods law. They said I'd need to pay the £300+ to get out the contract or wait 28 days for them to fix the problem.

 

4. During those 28 days I was lied to and cursed at repeatedly. I always remain calm on the phone, but they really tried me. One of the most memorable moments was when I was waiting for an Openreach engineer who failed to turn up, I was told he was "late", then "lost", then "sent to another address by accident" - smelling a rat I rang Openreach and pretended to be from TalkTalk, it turns out there was 'no fault reported'.

 

5. At this point I had given up, it wasn't worth the stress, and sent them a letter to their Head Office and MD saying I want to be relieved from the contract immediately without penalty or charge. I got back some general letter.

 

6. I then sent a Letter Before Action, telling them they had failed to provide services and I would not hesitate to initiate a claim if they did not agree to terminate. Didn't hear anything, although yesterday I got a phonecall from them stating they were cancelling my contract but I had to ring them after I had changed over to another provider. Of course this likely a ruse for them to take out the £300. So I suspect I will be taking them to MCOL after all.

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Thanks for that explanation. One question if I may. Where did you get a number for BT Openreach? As far as I knew, they made no contact details available for anyone.

 

You have two choices to make.

 

1 Sign up with another company and take the risk they will not chase you for the £300

 

2 Pay the £300 then sue them for it back in the county courts.

 

Personally, I would sign up to another company and not pay, Follow the complaints process then go to the Telecoms Ombudsman. The drawback is that Talk Talk will likely file a default for breach of contract even though it seems it is their fault. This can be challenged.

 

You have the slow speed and the drop outs (these will be caused by the slow speeds) so they should have let you terminate with no penalty.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I actually got the number from TalkTalk! I didn't ask for it, she gave it out. I had to Google what the questions they were asking were, as they were asking things like Press 1 for 21 CN, press 2 for Fixed subscriber (or something like that). It took about 5 goes of hanging up when I got one wrong.

 

If you want it I can dig it out, although I did Google the number at the time and it seemed to be quite widely known.

 

 

The disconnection / changeover day is today so I will see what happens and update this thread.

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