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    • Thank you for input.    I had read a couple of pap templates and thought that you had to outline the details you have and what details I need from them to take it further.    I will redo it over the weekend 
    • I started editing your proposed letter – but then as I went into it I realised that it was fundamentally flawed so I stopped. You will see some of the edits in the post above which I would suggest that you assimilate into a another version of the letter. However, I see that at the beginning of your letter you are alleging their breaches of contract – the problems of the vehicle and so forth and yet in the second part of the letter you go on to ask them to provide you with certain evidence. This effectively is saying that you are making these allegations but you don't have the evidence to support them and you want the finance company to provide you with that additional evidence. This effectively signals that you are not yet ready to make the allegations which in fact you have gone ahead with in the first part of your letter. Do you understand? So if you feel that you still need some evidence then I think you should write a separate letter for that – although don't expect it to be forthcoming but of course it may well be a useful paper trail. Maybe you can explain here what other evidence you believe you need because I thought that you had everything already. Finally, you have gone on to suggest alternative dispute resolution as a possible way forward. I don't think that a letter like this is a place for these kind of suggestions. I think your letter should be much more assertive – and I think that you will see that the style I have suggested in my amendments are a bit more to the point. If they want to go to mediation then they can either suggest it – or after you have issued the claim, they can indicate that they would be prepared to go to mediation. If you are prepared to bring the claim then I think that you should be unequivocal about it and you should leave it to them to ask for a way out. I don't think it's for you now to leave open doors.
    • 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.
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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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Banned from store for suspicious behaviour


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I've been going to the same Sainsnurys store, both shopping online and in store weekly, for over 22 years.

 

I have cancer and suffer from extreme stomach pain.

When this happens I become very distracted and do stupid things

- think gravy granules in fridge etc.

 

During shopping I was in pain and did my usual - panic that i had left my card at home.

I took out purse and without thinking dropped tablets that I had in my hand in my handbag so I could use both hands.

I forgot.

 

I then noticed this man following me all over the shop.

He was really obvious.

 

After about 20mins I cottoned on and checked my bag.

Sure enough the tablets were there.

I took them out and paid for them.

 

When I left the store the man approached me.

He told me I had been banned for suspicious behaviour.

I didn't deny I did it but I wasn't given any chance to explain.

I wasn't asked to provide any personal details.

 

I feel ashamed.

But i feel angry.

After so many years of faithful custom I think this is an unacceptable way to treat your customers.

 

I have loads of nectar points on my card which I was saving till Christmas.

 

Worst of all my good friend works there and I have no idea if they will display a photo or anything.

 

Anyone else had something similar.

I lack the energy to engage in battle.

 

I should add that he said behaviour was suspu jobs because I only took tablets and my shopping trolley was full??? This makes no sense to me.

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Go and speak to the manager of the store, or email the CEO. Sounds like a guard overstepping his mark rather than a genuine concern.

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..

 

 

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Worst of all my good friend works there and I have no idea if they will display a photo or anything

no they cant do the above

not sure where you got that from.

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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I've had "security" ban me from PCWorld, Hasn't stopped me from going back in to that particular store.

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Kinda false info there. We still dont know if it was external security or a manager of sainsburys. Not wise to assume the latter without proof.

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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Thanks everyone. I wondered if it was internal or external security. I'm just getting madder. I am going to write to the store manager and copy head office. I don't think I will ever shop there again. A blessing in the long run as I'm sure it'll save me money. Another thing I remembered is that my prescriptions are all issued to the Lloyds pharmacy in store because it is so close to home 😐

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Hi

 

When you write to them I fully understand you may not want them to know your medical condition but on this occasion I would be making it clear what your medical condition is and exactly the way you felt of your treatment by there staff (security) that banned you from that store for suspicious behaviour.

 

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BF, that link didn't work for me. I will retweet this as soon as I go on twitter.

 

 

To the OP. To me, this sounds like someone who gets a good feeling from making others feel small. I must look suspicious when I go shopping as I have to stop regularly to let the pain pass and my breathing returns to normal. (Hidden illnesses)

 

 

Plenty of other stores available and certainly cheaper but I agree that someone at Sainbury's must take ownership of this and respond positively to you

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how were they dressed? that will give you a clue as to who said you were banned.

Your best bet is to take this up with head office rather than the store. They have the power to tell whoever it is necessary for them to speak to to get this sorted out. I would be looking for a bunch of flowers as an apology and delivered at that. By asking for this the local store will ahve to be involved so their van can drop off the flowers.

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Hi Everyone,

 

I have been helped on these forums in the past in matters of finance and debt by the amazing people on this forum who give up their time to help people who they have never met. I’ve never been able to repay them.

 

I am a Loss Prevention professional with 15 years experience, in various roles ranging from Store Detective in my early years to Internal Investigator to Area Loss Prevention Manager. I have worked for Littlewoods, H&M, Marks and Spencer, Debenhams and TK Maxx amongst others. I am currently employed in Loss Prevention for a major well known national retailer. It’s all I know really, but I’d like to think I know it well. So the least I can do to repay the help I received, is to help those who need it in my area of expertise.

 

I appreciate the above isn’t relevant to this particular case, so I thought I’d give my tuppence worth to this because reading it has made me feel quite upset and angry.

 

Jessicax, hello. What I want to make perfectly clear to you is that you have NOT committed any kind of offence. No crime at all. Putting something in your handbag or shopping bag is not a crime. In fact, since the clampdown on single use carrier bags we are seeing it all the time. People using their own bags to do their shopping and putting items in their bag before taking it to the payment points. So please don’t worry that you have done something wrong (if you are worrying about that) because you HAVEN’T.

 

Like others have said, this appears to be a gross overstep by somebody who is clearly not acting in the best interests of the company. Whilst it is true that anybody can be banned or excluded for any reason, indeed for NO reason sometimes, if this was one of my guys I would be furious. Sainsbury’s tend to use contract uniformed security guards these days, can you confirm if they were wearing a security uniform or Sainsbury’s uniform?

 

Indeed, like others have suggested, the best course of action would be to write to the store manager, copying in the CEO. They will not want to lose a paying customer especially a customer who is clearly ill and still manages to make the effort to spend money in their store.

 

Should you require help in drafting an email / letter, feel free to PM me and I’ll be happy to help.

 

LPG

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Hello LPG, welcome to CAG.

 

 

Thank you for advising and it's great that we've helped you. I would just like to mention that we don't encourage advise by PM, it's best to keep advice on the public forum.

 

 

Best, HB

Illegitimi non carborundum

 

 

 

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