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    • I certainly tend to agree with you that the leasing agreement should at least require that the car is in satisfactory condition and remains that way for a reasonable period of time – based on the expectation of a reasonable consumer. Very much like the requirement of satisfactory quality for a sales contract. Of course we haven't seen the terms and conditions and it may be that there is something which excludes this. It would not be excludable in a sales contract but it may certainly be excludable in a rental agreement – although I doubt it. On the basis of what you say in that case, it's a question of accumulating all the possible evidence and then bringing an action for breach of contract. I think you should be careful about assembling your evidence – do it methodically and may be you can post up a link here to the terms and conditions – or specifically the terms which deal with this situation. In terms of being confident that the will be prepared to provide all of the telephone records – even if it incriminate them, I find it very comforting to find that there are people who still believe this kind of thing. Bless.
    • Shall I send the letter about the proposed warrant or just proceed to MCOL and execute it? Also how much should I sue for on the most recent disclosure breach? The first was £200 plus fees, as this is the second one this is not just an oversight but a continued breach so I feel it should be escalated to reflect the more egregious nature of their failure.
    • Thank you. Yes, I remember now the file extension because they had already supplied some information. They've now ignored your letter of claim so I think that you start the next action – as well as of course, putting the bailiffs in on the existing judgement. In terms of the SAR, I think I had in mind that you would send a second SAR solely for the handset – and I suggest that you do that straightaway. Although generally speaking we don't limit SARs, in this case I think it would be useful to send an SAR which relates simply to this mystery handset. So three things – get a warrant Sue on the most recent disclosure breach SAR specific to the mysterious handset
    • DX - the lease agreement does state that the car has to be handed back in a drivable condition etc. SO I was forced to pay for the clutch repair to allow this to happen. It was a frozen morning when the girl turned up for the car - had I known this I wouldn't have repaired the bloody windscreen, but when it was booked it was crapping with rain for days...
    • BankFodder,   I didn't record calls, because they were simply me asking to speak to the complaints handler, and being told he will call back. Twice a day - and phone records will show this. If push comes to shove a FOI request for their call records will back this up. When you lease a car, you can take it with or without servicing - our broker advised not to take servicing. It was out of warranty after 3 years. But my argument is the lease was for 4 years/32K miles - although we extended if for an extra year, it was still within the mileage, and the clutch failed and the windscreen leaked. In my opinion it wasn't fit for purpose and the lease company are in breach of contract by leasing a vehicle as such.  
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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
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    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
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Hi everyone

 

I received a fine today of 725.00 to which I had no clue why

 

After numerous phone callslink3.gif I found out that this relates to a school fine from last year8 -15th September 2017.

 

Now the reason I had no knowledge of this is all correspondence have been sent to my previous address even though I moved 3 years and school have all my news details

 

Can I appeal this as I had no knowledge?

And would of sorted it long before it got to court being fined and then not paying it.

 

There are circumstances as to why I took children out of school and notified school

In advance but I heard nothing back so presumed this was authorised.

 

Quite surprised that no teachers have mentioned this to me as I attend meetings often due to my child having special needs.

 

The fine is for bad attendance which is partly down to suspensions and school sanctioning a week off when I ran out of his medication.

 

There’s only 5 days that’s actually down to me.

And it’s the 1st time I’ve gone against school policy but the time we booked the holiday my children were home educated

 

I took the opportunity to have a little break been a very stressful year with issues with school and my own health

 

We went away in September as I was scheduled to have heart surgery in the november all was explained in a letter to School when asked permission to remove them for 5 days heard nothing back presumed all ok and authorised

 

I have rang the court but get no option to talk to anyone only option to pay

I don’t deny the fine and will willingly pay it but rather annoyed it came to this through school Sending correspondence to old address

 

Any advice much appreciated my stress levels are through the roof.

Thanks

Edited by honeybee13
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So it was a prosecution in the Magistrates court for failing to make sure your child attended school in the week 8 - 15 September 2017? ie the school did not authorise the absence for you to take your child on holiday. (The suspension [fixed term exclusion] and the week the school agreed to when he ran out of medication would not be reasons for the fine because they were authorised absences. You can't be prosecuted if the school authorised the absence.)

 

 

 

You should have received a Fixed Penalty Notice for it first, and then if you didn't pay the FPN the local council could take you to court. Sounds like that is what has happened. It's the local council who decides to prosecute you in the Magistrates court, not the school. The school may not have known about the prosecution. In any case FPNs and prosecutions are something only the head would be involved in. The class teachers wouldn't usually be told so I'm not surprised they didn't say anything to you about it.

 

 

 

Seems as if all the correspondence has gone to wrong address. That could be the council's fault for not checking with the school. Or the school's fault for not updating their records. Or both.

 

Have you received letters from the school in the last 12 months sent to your current address? If so that would evidence they knew your current address. [Letters sent by Royal Mail that is, lots of stuff gets sent by pupil post]

 

 

 

So for a criminal prosecution can you get the conviction set aside if you never received the summons? Hopefully someone here will know the answer to that.

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Thanks for reply

 

I have no correspondence for new address. Apparently been sent to the old one. The LA also have my new address as they have attended when I Home educated and also had to forms to fill in with name address contacts etc when they went back into school school sends me most things via emails. I’m not at home at the moment but I will copies of letters I’ve sent into school when I detegistered then which will have current address on

Suspensions and exclusions are classed as unauthorised I was told when I myself queried his attendance percentage as was the week due to his medication in fact the teacher denied all knowledge of it . Just a nightmare all this I have the the name of the court I will telephone and see what they say. I admit the fine and accept I have it to pay just this enforcement letter has got me in tizz just hope they give me some time to get it together.

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The school is definitely wrong to say exclusion is an unauthorised absence but I don't think it matters in this case as the only absence you have been prosecuted for is the 5 days you took your child on holiday.

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The email I received today after sending them enquiry stated the children failed to attend regularly she'd had no time off since returning to school until the holiday

 

My son had 1 day to attend clinic

rest of time off down to exclusions and having no medication

he was especially hardwork at this time and school wanted to put him on a part time timetable

 

but after telephone conversation the week away from school was agreed to this

must of been unauthorised to take his Attendance to the percentage it was at

 

I ve no issue in paying the fine.

Just the opportunity to defend myself and prove this is not a regular thing

it was a one off holiday booked at the time the children were home educated.

 

I have the copy of letter I sent into school asking them to email or phone if the time off was an issue

I didn’t even get a phone call or text to say they were absent from school like you usually do

so I just presumed the head had sanctioned it

Edited by dx100uk
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….so I just presumed the head had sanctioned it

 

….and that was where you went wrong.

 

Anyway, what's happened has happened and you have been convicted by Magistrates and fined. The question is, can you get the conviction quashed and the case reheard on the grounds that you knew nothing about it and the prosecuting authority had failed to take proper steps to find your address? Sorry, I don't know the answer to that. Hopefully someone else here will.

 

But I'm not clear what you want to achieve. You've twice said that you admit the offence and know you have to pay the fine. So why not just pay it?

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If original fine was posted to correct address which they have. It would of been paid within stated time

Now it’s 725.00 which I’m in no postition to pay not within 7 days

Thanks for your replies

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Then you should go to the court and ask to do a statutory declaration on the basis that the correspondence was sent to the wrong address and you knew nothing about it

 

That should then allow you to pay the original fine

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