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    • Presumably you have received your own NIP/s172 request after the lease company identified you as the person the car is leased to?   First thing to say is that, regardless of any questions over the date of the first NIP, you must still reply to your own NIP/s172 within the time limit given otherwise you are committing an entirely separate and more serious offence than any speeding infringement.  If you were the driver you should nominate yourself.   You need to be careful arguing that the first NIP was not sent out in time.  Note that it is only the first NIP that is subject to the 14 day limit, and that NIP needs to go to the Registered Keeper.  There is no time limit on subsequent NIPs.   So are you 100% certain that your lease company is the registered keeper and do you know that for a fact?  Please note that the registered keeper of lease vehicles is often not the lease company, but a finance company.   If the police are saying that the first NIP was sent to the RK within the time limit, you can be 99.99999% certain that they will have evidence proving that fact.  Assuming it was sent out first-class, there is a legal presumption that it was delivered two working days after posting, unless the addressee can prove it was never received.  So if the police are saying the first NIP was sent out within 12 days, the RK would have to prove it was never received within 14 days to provide a defence.  As you might imagine, that is very difficult to prove otherwise everybody would claim it.  Unfortunately, "reminder" NIPs are usually not marked as such and may be indistinguishable from the original.   So you need to confirm (preferably by sight of a copy of the actual V5C document as staff of lease companies do not always know) who the Registered Keeper is, and when they recived the first NIP.  If it was received after 14 days can they prove that fact (eg by a date received stamp and an appropriate system for dealing with mail received) and can they prove that they didn't receive an earlier NIP?   Hope that makes sense!  If it doesn't another poster called Man in the Middle will clarify what I 've not explained well or got wrong.
    • Simply confirming no mediation and the claim is proceeding to allocation.   Andy
    • Thanks for the swift response. Will continue to read around.   I have a date of march 10.
    • First of all, they always say that you should be prepared to give up ground. If you are convinced as to your rights in the matter – and we certainly are – then there is no reason for you to give up any ground at all. You may come under pressure to give up ground – but you don't have to concede any ground. The benefit to Hermes is that they don't end up going to court so that they are spared extra expense and also there are spared the embarrassment of a judgement against them. When you are given the mediation date, then let us know and then we will go through it with you. However, read up on all of the threads in this sub- forum. You will find exactly your situation have occurred several times and have already gone to mediation and you will find that we have already given explanations on each one of the points. Familiarise yourself with the stories and the principles involved. When you get your mediation date then come back here and let us know.
    • I have read the page on mediation, but wanted to clarify a few details.   I have been given an arranged time for the mediation call. The email from the court states:   "for mediation to be successful, you would need to be willing to negotiate on the amount of the claim and have a degree of flexibility".   Should I have to give up ground? At this stage, I feel I am owed what I have lost, and what the claim has cost me, not to mention my time. The email says if you aren't willing then mediation is unsuitable.   It then also suggests:   "It is crucial that you are able to briefly and accurately explain your claim or defence. It is vital that you have prepared for the mediation by putting together a brief summary of your opening position. Only the key points are necessary at this stage as the longer the time taken discussing the disputed issues will reduce the time available for exploring settlement options."   I am of course aware of my opening position - that they were negligent and lost my item and thus I believe I am due recompense. However, I am not certain of the legal particulars of my argument.   Furthermore:   - Should I mention that the defendant may not wish to proceed to court as it may support a precedent for others in a similar situation to also claim against them? - Are there any other things I should be mentioning to the mediator?   Appreciate the guidance.
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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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      • 33 replies

Currys/PCworld refuse refund or replacement


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Hi, still trying to calm down after my visit to Currys today:x

 

We bought a cooker there less than 2 months ago and its been faulty from the start, the oven cuts out during cooking leaving food half done and only fit for the bin.

 

This happened in our second week of ownership but we weren't sure if it was us or the cooker, now we know for sure its the cooker at fault as its happened 4 times.

 

We went back to currys today to complain but were told the manufacturer would only consider a repair and it might take a month :!:

 

So I've been looking up our rights and would appreciate some help from the forum

 

First, they insisted we could only get help from the manufacturer, but our contract is with Currys, no one else, do they have the right to fob us off in this way ?

 

Second, the fault has been there since we took delivery, do we have the right to a replacement or refund or do we have to accept a repair ?

 

I know we're over the 30 day limit but its not our fault, this seems so unfair, any advice ?

Edited by dx100uk
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Currys are doing what they always do and hope nobody will notice. Get a complaint direct to the CEO and go instore and give them a copy. I would also inform trading standards as well.

 

If the fault was there from the start, then currys dont have a leg to stand on. They have to refund or replace.

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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Thank you ! just as I suspected, they did something similar to me years ago, I had hoped things would have changed. Anyhow, I just sent off an email to their customer services so I'll wait for a reply and let you know. Then as you suggest I'll go further with this.

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Unfortunately you have lost your right to insist on a refund or replacement because you did not assert your right within 30 days of the date of the contract. This means that you must now rely on the six-month rule and that means that as the defect has appeared within the first six months you should inform them in writing that you are asserting a right under the consumer rights act and that they have a single opportunity to carry out a repair or else you will insist on a refund or a replacement – you will have to choose.

 

The repair must be carried out within a reasonable time and I would have thought that something as essential as a cooker should receive a visit and an attempted repair at the very least within seven days. Because Currys has such an appalling record I would set it all out in a letter before action and make it clear to them that after 14 days you will start a small claim in the County Court.

 

Don't muck around with these people. They will lead you round by the nose if you give them half a chance. Keep control of the situation. Send them your letter – don't bluff and at the end of 14 days simply issue the court papers.

 

If all of this means that you are without a cooker then you could reasonably include in your letter that you will be purchasing a new cooker if they failed to carry out the repair within the seven-day specified because this is an essential household item and you will therefore be claiming for the cost of a new cooker – even if it is slightly more expensive – and also the reasonable cost of storing the old broken one until they collect it.

 

Currys are a complete disgrace and it's about time somebody like trading standards sat up and took notice – but of course this never happens.

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Ah ok.....not as straight forward as I had hoped, there are very few choices for kitchen appliances where we live, currys would have been bottom of my list but its about as far as I can travel.

 

I'll still wait for a reply from their customer services and take it from there, I'd like to know why Currys take no responsibility saying its down to the manufacturer and why they wont accept that it was broken before the 30 days were up.

 

Thanks for the idea of charging them for storage, I might also bill them for takeaways while I'm waiting :lol:

Edited by dx100uk
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Stories charge should be kept very modest – no more than 1 pound per day and you should serve them notice in advance that this is what you will be doing and the cost to them. You must give them an opportunity to remedy the situation that once the court papers are issued then I would start levying the storage charge.

 

Why does Currys do this? Who knows. Poor staff development and I think that they are probably lulled into a certain poor customer service because so few customers will stand up to them. Their solicitors/legal department seem to make a personal matter of beating consumers down but when you issue the papers eventually Currys give up – but for people who aren't hugely confident, it can feel as if it is nerve wracking. Currys are rubbish company – but unfortunately nowadays there is very little alternative on the high street. You're generally speaking much better off with John Lewis. I don't think that in nearly 14 years we have had more than two or three complaints about John Lewis

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To add to the 30 days:

 

The first six months

If you discover the fault within the first six months of having the product, it is presumed to have been there since the time you took ownership of it - unless the retailer can prove otherwise.

 

During this time, it's up to the retailer to prove that the fault wasn't there when you bought it - it's not up to you to prove that it was.

 

If an attempt at repair or replacement has failed, you have the right to reject the goods for a full refund, or price reduction if you wish to keep the product.

 

The retailer can't make any deductions from your refund in the first six months following an unsuccessful attempt at repair or replacement.

 

demand they fix or replace it. If they wont, then outright 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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I believe this is from the consumer rights act........ even outside of the 30 day period, if goods cannot be repaired in a reasonable amount of time or a repair would cause significant inconvenience then a full refund or replacement should be offered. Is this correct ?

 

 

If it is then I'll be taking them on, one month isn't a reasonable amount of time to repair a cooker and going without our cooker would certainly cause significant inconvenience. I'm disabled and my wife has Diabetes, we both have specific needs when it comes to cooking and foods.

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get a full complaint in writing to the CEO and the store manager. Take the relevant legislation with you if needs be. If they keep refusing, then take it further. It is up to the retailer to sort any issues, and chase the manufacturer. Not you.

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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