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    • If the judge agrees that they are responsible for the consequences of the poor fitting – then yes, the judge will most likely award the entire amount of £480. There are two things to persuade the judge about: that the gasket blew as a result of the poor installation of the turbo that the cost of the work replacing the gasket was not excessive – in other words it was a reasonable cost. Of course we will support you in that we will give you advice and help you prepare – but of course at the end of the day the case is yours to win or lose. You know that we are thoroughly on your side. As I have said already, it will really help a great deal if you can get some garage mechanics to agree that the poorly fitted turbo would be likely to result in a blown gasket. If you have got the evidence – the old gasket and the bolts – then that will be very helpful. But you will have to do a good statement – and do some pictures. The way to do this statement would be to describe what has happened and then when you come to the turbo, for instance, you put in brackets (picture number one). When you come to the bolts, then you do the same thing (picture number two). Et cetera. That way you have a concise readable statement which references the pictures which should be stapled to the back of it. Also of course you will produce the bolts and the gasket in court. I think what will also be very helpful is the fact that the garage attempted to avoid you and to refuse to deal with you. I don't think the judge will be very impressed by that and this will assist you a great deal.  
    • seems more and more confirmed that Trump appointees delayed and restricted Capitol Police and National guard efforts to address expected Trump(Orange)/white supremacist attack on Capitol Hill     https://www.nytimes.com/live/2021/01/26/us/biden-trump-impeachment
    • there is no template but as you say you saw the FTMDave reply ...
    • think it might need a bit of fluffing out. but look like the basics are there    
    • Good morning DX  good to see you!   i saw the same post too so thank you for sharing!   I am not that great with snotty letters etc, any pointing of where to get an idea/template from?   happy to type something up but I have no directing in which way to take it.   appreciate it!   Gee
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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
      • 31 replies

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Hey All,

 

Yes it's CC again, i've read a lot of the forums and am just after piece of mind that i'm doing the right thing.

 

I left Oz (WA) in late 2015 with CC and Bank debt which is now defaulted and after 3 yrs CC are now chasing me for payment with their incredible interest fees. I know that it's not Statute Barred so that's not an option.

 

I received a phone call a few days back at 2am from them asking me about the debt etc. In my sleep addled brain I finally managed to answer a couple of security questions but that was about it,

 

I didn't give them my UK address and had woken up sufficiently to supply them with my secondary email account that I barely check. They do know i'm in the UK due to the time difference/phone number called.

 

The only people in Oz that have my mobile number is the ATO and my Ex-Wife so i'm not sure how they'd have gotten that anyway.

 

They don't have my UK address and i'm reaching out to her to advise to ignore them (let them know we're divorced and she doesn't care where I am) and if they harass her to let me know and to make a complaint to the relevant people.

 

I'm just worried for her as she was just recently released from a hospital after having a mania episode and don't want her harassed and potentially set off again.

 

Should I just ignore them??

I've already setup my mobile to not allow incoming international calls and it's easy enough to set Gmail up to ban from certain domains.

 

I'm currently un-employed, bills here and back living with my parents (yep living the dream....), so have very little in the way of assets but i'm reluctant to engage with them unless I have to.

 

Thanks in advance

NFT

Edited by dx100uk
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Yes quite honestly ignore them

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 DX, I thought that would be the response.

 

I've spoken to the Ex and it was her that gave them my number but that's it. I've advised if they reach out again to tell them we're divorced and she knows nothing more about me.

 

Donation made, thanks for the advice

 

Cheers

NFT

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Aw thanks!!

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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