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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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DFS - Not happy with 3pc suite delivered


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Hi.

 

8 weeks ago we ordered a new 3 pc suite from DFS.

 

It was delivered today and we have a few issues we are not happy with.

 

First one is that we ordered a 3 seater sofa and at the time were debating on a reclining one which had 3 seperate seat pads however opted to go without.

 

we ordered a fixed 3 seater sofa which the sales man told us would be the same with three pads.

Today it has turned up as a 3 seater with just 2 pads which is not what we wanted or ordered.

When i checked online the dimensions photo shows 3 seperate pads and there are no 3 seater options with 2 pads advertised.

 

Secondly the colour which is supposed to be grey ( as it says on the swatch in store) looks very brown.

Three visitors have come round tonight and all said its brown not grey.

 

Ive phoned the helpline about the colour and the operative said he always tells people who order this colour online that it is more of a brown than a grey ( even though its called grey?)

 

When we ordered in the shop

i did question the colour as the display one was grey and the sales man said it was just the lighting in the store making it look browny but it was definatley grey. Well its not!!!

 

Thirdly

i was sold " easy gliding feet" for an additional £50 which I was told were upgraded feet from the standard.

These were self adhesive plastic pads put on the bottom of standard feet when the delivery guys installed it today.

Probable cost about £5 from a diy store.

 

Very unhappy.

Purchase was taken on 4 years interest free credit 8 weeks ago.

Where do we stand on rejecting this?

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If its not what you ordered, then reject it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Did you order it online? From the fact that you had a conversation with the salesman, I gather you didn't. I'm afraid that as you had an opportunity to see it in the store and you bought it there, you you want to benefit from any distance selling rules which means that you will be able to reject it on that basis.

 

Have you got anything in writing which is recording what you actually ordered so that you can set it against what you actually received? If you do then you should send a letter of rejection immediately. If you don't have anything in writing then you should certainly send a letter of rejection in order to reserve your position – but I'm afraid you're going to have a very hard job doing anything about it because of course you will have one version and they will have another and they will want to stick to their guns.

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All we have in writing is the order which says grey however dfs version of grey is quite obvioisly brown. We were told by the sales guy in store that the one on display looked brown because of the lighting in store and woild not look like that elsewhere

 

We are rejecting it on the fact that tje 3 seater has turned up with just 2 seat pads. That is not what we asked for and the listing on their website only shows dimension diagrams of 3 seaters with 3 pads which is what we asked for.

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If you have evidence that you asked for a three seater sofa and there is a clear discrepancy between what you ordered and what you received then eventually you should have no problem asserting your position. Make sure you take screenshots of the webpages you are referring to.

 

Don't expect the sofa company to be helpful. Put everything in writing. Read our customer services guide and implement the advice there. Do not get into any telephone calls until you have implemented all of the advice we have laid out in our customer services guide.

 

Keep the sofa in perfect condition and write to them today

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Been to see the store manager today. After a bad start telling us there is nothing he can do to reslove the matter I advised him I woild be rejecting the whole suite and cancelling the finance aggreement.

 

And then sudden u turn. Said he was happy for us to pick another suite of our choice as long as we were willing to wait delivery again which will be after xmas. We are able to keep the existing suite for use intil then with no charges.

 

I will be asking for all this in writing when we choose the new suite in the next day or so.

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