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    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
    • I'm going to take a little while to think about what you have told us and the best advice to give you. However, I would certainly caution you not to return either item unless the arrangements have been made by Amazon and you are using their prepaid labels. Do not at some point decide to make your own arrangements to return the items because if they then happen to be lost en route to Amazon, Amazon will disclaim any responsibility and you will have even more problems than you already do. You have paid for only one of them with vouchers. The other one, I gather, has not been paid for at all. Do Amazon hold your credit card details?
    • I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step
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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
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Mortgages 2 Has Started Court Proceedings to Repossess My Home


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as fi they dindt know they are taking you to court!

 

Send them a copy of the mortgage agreement and says that the ICO says this is good enough to prove identity as they have a duty to know their customer so they shouldnt need to ask you for any further proof.

 

also send a second letter demanding to see the same under CPR 31.14

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I have a copy of the original mortgage agreement.

The signature on that and the signature on my SAR letter are so similar as to be almost copies of each other!

 

Only an idiot or a desperate person (or a crook) could assert that these signatures were not from the same hand!

 

I have written back to them with images of both signatures and have told them to spot the difference.

But I have also sent them a certified copy of my passport, so that - from this point on - there can be no doubt whatsoever as to the validity of my identity.

 

The certification cost me £10.50 and my train journey to an officiating Post Office where I was able to do so cost £3.40, so I will be adding this onto the bill, together with the 2 x £1.77 for the two sets of signed-for letters (subtotal £17.44) which will be added to the cumulative cost of Mortgagesplc's illegal charges plus 8% statutory interest over the years that they have been illegally charging me.

 

Should come to a nice little sum!

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  • 2 weeks later...

I sent off the SAR a couple of weeks ago and I get a letter back from Mortgages 2 saying that the signature on my SAR letter and the signature on that they had for me were not the same.

 

I checked my signature on the original mortgage application, and I looked at the signature on the SAR letter and it was quite clear that they were by the same person in every way imaginable!

 

I wrote to them about this, sending them a screenshot of both signatures, and, of course, they conceded that I was quite right (they had to - I'm not copying the screenshots here for security reasons but they are like two peas in a pod!)

 

I also had someone from Mortgages 2 phone me to make a grovelling apology, saying that they could follow this up with an internal investigation if I wanted.

 

Knowing that they were playing for time with their ridiculous claim I smelled a rat here.

Surely an internal investigation would hold up the process of the SAR.

So I said I just wanted the SAR process to proceed as quickly as possible.

 

I should get the full documentation from them by the 25th August.

 

 

The cheek of these people!

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Have you got a copy of the court order yet? You probably think I'm banging on about nothing, but IF they have a Suspended Possession Order you need to make sure you are very clear on the conditions because if you don't adhere to them then they can reapply for possession with very little formality.

 

Anyone here know the process to get an SPO eventually lifted, or does it hand over you for the remainder of the mortgage term?

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You can if youve cleared the arrears long ago in some cases

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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You cant lift a SPO....the lender’s right to enforce never falls away once they have the Order...its merely suspended providing the borrower sticks to its terms.Should the borrower default again the lender can enforce the possession Order by way of a Warrant....

 

There is no authority to suggest an SPO can be discharged on clearance of the arrears.

 

Andy

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I received the details from Watford County Court only a few days ago. The undated, unsigned letter - apparently par for the course at Watford - was accompanied by the Order for possession (mortgaged premises) (suspended) which stated that:

 

  1. The defendant give the claimant possession of [the property] on or before [date].
  2. This order is not to be enforced so long as the defendant pays the claimant the unpaid installments under the mortgage of [sum] by the payments set out below in addition to the current installments under the mortgage. [Then gave details of payments, which I had already put in place over three months prior to the hearing.]
  3. The monetary claim to be adjourned generally with liberty to restore.

Point 3 could not be more ambiguous if it tried.

 

 

I also had to bring my mortgage payment date forward from the 5th of the month to the 28th of the PRECEDING month in order to comply with point 1 (because the shortest month only has 28 days and I could not risk a default before the payment of the 1st of the following month), which effectively meant that I was paying two sets of mortgage payments in the same month!

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