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    • Sorry but this was your first mistake. "Sold as seen" makes a huge difference. It means that the person you are dealing with can't be trusted and it is immediately a huge red flag and a massive hint you should walk away. I think we are still waiting for you to tell us who the dealer is. I agree with my site team colleague @dx100uk that you will have to bring a court claim in respect of this. However the problem will be one of enforcement of the judgement. It is beyond doubt that you will win your case – but I'm afraid that enforcing judgements can be very tricky especially with disreputable car dealers and this certainly seems to be a disreputable car dealer in that they are trying to fob you off with "sold as seen" and also within 24 hours they are already refusing to acknowledge your consumer rights. You should realise that although you are protected by the consumer rights act – and of course, everyone it is, enforcing those rights can be a different matter. For future reference, when you go to see a vehicle, it's a big mistake to feel comfortable and smug because you feel that you are protected by consumer rights. You need to be looking at the business that you are dealing with to ask yourself that if they decide to betray your trust, will you then be able to force them to step up to the mark. This is the constant difficulty that we have on this forum when dealing with second-hand car dealers. When you tell us they were the dealer then we may be to give you more information.   If you do eventually get the dealer to promise to give you your money back, then you need to be very careful about how you manage it. It would probably be most unwise to put the dealer into possession of the car and the money at the same time. You will need to organise a proper exchange. Whatever the situation, you going to need to move quickly and very assertively. This probably means that you should issue a letter of claim almost immediately – but let us have a look at the enforcement problem first. What is the name of the dealer? Also, I notice that you say that you are going back on a motorway. Does this mean that you live some long distance away from them?  
    • The CMA has today published further detail on its views on the law in relation to cancellations and refunds during the pandemic. View the full article
    • Thanks for the company information. Still waiting for the quotation to be posted up. I'm not sure what the problem is or why there should be delay.   It's very concerning that this person has had the money paid directly into his wife's account. I wonder if the tax people know.  
    • It's going to be fairly straightforward. You are going to have sent a letter of claim – which won't have any effect but it will satisfy the pre-action protocol and then you will have to issue a small claim in the County Court. After that, they will probably push you to pay the application fee so that there is a hearing. They will do this to test your resolve. You should realise that Hermes will spend more money on trying to defeat you than the value of the claim. This is why they are bullies. You will be offered mediation – although previously I've tried to discourage this, there seems to be a new climate this kind of thing and so you should probably agree to mediation. Hermes will see this as an opportunity to try and knock you down from your claim and to settle without getting a judgement against them. You should be aware that Hermes are very anxious to avoid a judgement on such questions as the validity of their insurance and their liability for lost parcels – and also to expose this false claim that they are not liable and that it is Packlink. I hope you are now familiar with the main principles of the Contracts (Rights of Third Parties) Act 1999 and that you understand that the liability is with Hermes. You should also understand that when you go into mediation, you have the whip hand because Hermes absolutely do not want to have their position tested in court and to find a judgement against them for a case of such little value. For this reason it will be completely unnecessary to give into them and you should make it clear to the mediator – who will pass this onto Hermes – that you will settle for not a Penny less than the value of your claim and that if Hermes insist, you are happy to go to court where you will obtain a judgement against them which will expose them and you will then make sure that the judgement is widely published over social media. This is your leverage against them. Of course, we would be happier if it went to court and there was a judgement because then we could start to dismantle this Hermes scam – but your interest will be served simply by getting your money as quickly as possible without the hassle of a court hearing. Before we go on though, I'm very curious about the parcel shop. You say that you got a parcel shop ticket. Please could you post it up here in PDF format. I think that we are now seeing Hermes going to new depths of claim denial because they are now saying that although you went to a Hermes shop at and obtained a Hermes tracking receipt, and even though you had insurance, they still deny liability and they still say that your argument is with Packlink. This is really quite amazing and it certainly seems fairly clear to me that by requiring you to go to Hermes parcel shop, they have effectively taken Packlink out of the equation anyway. Frankly I don't understand why you went along with Packlink and then went on to deal directly with Hermes at one of the parcel shops. I don't quite understand this chain of dealing. You been advised by somebody else here to contact them by email. By all means do it if you want – but I will be amazed if it comes to anything. I think that you're much better off sending a letter of claim to Hermes – and also if you want send a copy to the email you've been given above so that the person whose name, I presume, is eoin.kennell will understand that you have just set out your stall and that there is a deadline in place and they understand the consequences of ignoring you. Only send the letter of claim if you are prepared to go through with your threats. Given 14 days and then on day 15 click of the claim. In the intervening period make sure that you understand the steps in taking a County Court claim. Register with the MoneyClaim online website and start drafting your claim. You can save your work as you go. Post a draft of the particulars of claim you're going to use here so that we can check it. You don't need to say very much. It does need to be in any formal language. Keep it very short. Give you a basic. Give them a few details as possible – simply doubt the very basic facts of your claim. Post it here and we will see. Hermes is turning into a disreputable company which uses disreputable means to deprive their legitimate customers of legitimate compensation for their parcels which have been lost as a result of Hermes huge inefficiency. It's a real shame that there aren't some regulatory authorities to take them in hand. They deserve a substantial fine
    • Yup! you've guessed it right dx. it'll be done today... 1st class stamp and free proof of postage it is. Merci beaucoup.  
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Ex is holding on to possessions


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After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery.

 

Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?

Edited by dx100uk
behave - dx

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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After a bit of advice. A friend of mine has recently split from her husband. She's moved out but he's being a [removed] and not allowing her back into the flat to get her possessions including clothes and jewellery.

 

Does she have any recourse in law such as obtaining a court order to allow her to recover her possessions?

 

I would think the Police would attend if asked to ensure your friend can collect her possessions and no law is broken. I suppose the act of the ex husband could be considered a continuation of abusive behaviour towards your friend. It is not really what the Police are there for, but if a court was asked to apply an order saying that the ex husband had to allow her access to her possessions, then the Police might be called anyway, if there was possibility of violence or public order issue.

 

Suggest your friend speaks to local Police on 101 to see if they can assist.

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There are other factors, too, if the flat is owned by them, or is on a lease of over 7 years.

If so, whose name is the title to the house in? (The ‘legal title’ held at the land registry).

 

If hers, (or both of theirs) she has a right of access. As others have said, the police won’t get involved in the nitty-gritty, but will come to ensure no breach of the peace (as they will if the property is on a lease of 7 years or less)

 

If he holds the legal title (& she is not listed), if he is being that difficult already, he may get more unreasonable. She needs to see a solicitor and protect her rights by getting a restriction placed at the Land Registry / notice placed at the Land Charges Registry under the Matrimonial Rights parts of the Family Law Act 1996.

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Many thanks for the responses. Tallies with the advice I'd already given her which was to ask the police to attend and consult a lawyer.

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