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    • Yes I think you should simply go ahead and apply for a warrant and execute it. In terms of further damages for distress, I agree that it is a continuing breach but on the other hand you have had damages for distress up until X X date (I can't remember when) so you are now applying for damages for distress from that date. I think probably £200 is a reasonable figure. I certainly agree that the continuation of their breach tends to compound their responsibility but we aren't really trying to get money out of them, we are trying to prove a point. Up to you – but I would have thought that £200 would be reasonable. Don't forget that when we finally get the information we need and they eventually put their hands up to their error, you will be looking at something quite substantially more and there will be the further question of the inaccurate processing of your data which itself is a serious matter in addition to the damage which it has caused.  
    • Well paying nothing would obviously appeal!   Yeah one was definitely 1990' as it was previously the Egg card and other I think was also 90's but could have been 2000's
    • Who says you have to pay anything? When were the cards taken out..very pre 2000 even 1990's i bet!
    • I think now is the time to assemble a list of all the losses which have been incurred as a result of this. So were talking about the wasted money on the lease, the cost of repairs – and any ancillary expenses associated with alternative transport. Of course it would be a prudent thing to just double check the terms and conditions so that we don't end up with egg on our faces. But if everything pans out then the chances of success, if you decide to make a County Court claim, are extremely high
    • For future reference, I think I would have simply made the car available to them for collection on the due date.  If it was undrivable because the clutch was shot after 32k miles I'd have let them sort it out and if they wanted to claim the repair costs back from me I'd have said "See you in court".  [EDIT:  Cross-posted with dx - he's right...]   Also for future reference, if you had somebody advising you to lease an Evoque without covering service charges - when you could have done -  I'd think twice before using them again, and if I did decide to use them again I'd think a third time.   Also you said you've not had use of the car for 14 - 15 weeks but have continued to pay for it.  Why pay for a car when the lease has ended and it's undrivable anyway?  Is this because you made the mistake of not ensuring they had it back at the start of October?
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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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Rail passengers to benefit from ‘one-click’ compensation


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Rail passengers to benefit from ‘one-click’ compensation

 

Simple one-click' automated claims systems, available via smartphones and smartcard registration, will make compensation claims easier for customers.

 

-- new government measures to require train operators to make compensation claims easier for customers

 

-- increased use of technology to help inform passengers they are entitled to claim

 

--government working with companies to ensure more consistency across network as figures show compensation paid at record levels

 

New rules making it easier for rail passengers to claim compensation for delays and disruption have been announced today (1 October 2018).

 

READ MORE HERE: https://www.gov.uk/government/news/rail-passengers-to-benefit-from-one-click-compensation

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