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    • 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.
    • 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
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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

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I did something stupid, something that I have told my kids over and over again not to do, but I clicked on a Facebook link, to a Chinese shop called Sweet Offerz, advertising the Lego Hogwarts Castle, for half price.

 

I paid using PayPal, but not logged into my account at the time, as I couldn't remember my password, and used a credit card for extra protection.

 

As soon as I had made payment, I regretted it, and thought it was a [problem], so I immediately phoned both PayPal and my credit card company to see if I could stop payment, and explained that I thought it was a [problem], but neither would do it, and said I could raise a claim if the item wasn't received in 30 days.

 

What arrived through the post was a box full of cheap, bad quality plastic bricks, not Lego and instruction books to make a "magic world castle" not a Hogwarts castle as advertised.

 

I thought, I'll just claim my money back through PayPal as what I was sent was clearly no what was advertised, and I thought PayPal would accept this and that would be that.

 

However PayPal have ruled the claim against me and I am not getting a refund, as the company sent proof of the item being posted and delivered, which wasn't the basis of my claim, but they won't budge.

 

I have contacted Sweet Offerz, through their email address supplied by PayPal but they have ignored all my messages, I have asked for a refund, and to return the item but they don't reply.

 

Also I can't log in to the account I created when buying the item, and their site does not recognise my email address when I try to recover my account details, the same email address they sent shipping details to.

 

I should have known PayPal wouldn't be bothered to help, they never do, but is there anywhere else I can take my claim.

Edited by dx100uk
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you could have stopped the payment by logging in to your paypal account immediately after making this payment.

As it was undoubtedly less than £100 you can go nowhere with the card provider. basically without sending it back by tracked delivery Paypal wont be interested and the postage will be far more then the item is worth.

Neither paypal or your card issuer can protect you from yourself so you will have to write off the money and learn from the experience.

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[it was over £100, and it's not showing on my paypal account as I wasn't logged in at the time, and paid through paypal with my credit card,

 

I phoned both paypal and credit card company immediately after making payment, but neither were interested.

 

OK so I didn't think, my fault, but surely that's not a reason to accept that this company are [problem]mers, and forget about my money, what happened to buyer protection, didn't see stupidity being a reason for not claiming.

Edited by dx100uk
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Just had a look at sweet offerz

 

The one you brought isn't up but the millennium falcon is - not once do they mention it being lego however so I'm not sure how you would prove miss-selling

 

I have to admit I'm surprised it's poor quality bricks as China is so famous for its lego clone that lego sued them

 

It is cheaper elsewhere however (kids got 20 sets of knock of lego from china last year and still haven't realised)

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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However PayPal have ruled the claim against me and I am not getting a refund, as the company sent proof of the item being posted and delivered

 

 

Did you open the wrong type of claim? It does appear that you've opened an item not received dispute if the seller managed to win by supplying a tracking number.

 

You needed to open an item not as described dispute.

 

Can you clarify which was opened?

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Just had a look at sweet offerz

 

The one you brought isn't up but the millennium falcon is - not once do they mention it being lego however so I'm not sure how you would prove miss-selling

 

I have to admit I'm surprised it's poor quality bricks as China is so famous for its lego clone that lego sued them

 

It is cheaper elsewhere however (kids got 20 sets of knock of lego from china last year and still haven't realised)

The advert I clicked on had the actual Lego box in it, and the invoice I received with the delivery clearly states “hogwarts castle” but the instruction manual is for a “magic world”

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Did you open the wrong type of claim? It does appear that you've opened an item not received dispute if the seller managed to win by supplying a tracking number.

 

You needed to open an item not as described dispute.

 

Can you clarify which was opened?

I thought I had told them it was a not as described, it difficult to sort as I wasn’t logged into my PayPal account at the time of purchase, but used PayPal and my email address, so it doesn’t show in my account when I log in but they did see the purchase when I first rang them to make the claim.

 

However, it’s still strange that the company do not reply or acknowledge my purchase and have ignored all my emails, but replied to PayPal.

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I thought I had told them it was a not as described, it difficult to sort as I wasn’t logged into my PayPal account at the time of purchase, but used PayPal and my email address, so it doesn’t show in my account when I log in but they did see the purchase when I first rang them to make the claim.

 

However, it’s still strange that the company do not reply or acknowledge my purchase and have ignored all my emails, but replied to PayPal.

 

Not strange at all, the seller has your money and only PayPal can take it back from them, you can't.

 

You need to contact PayPal and ascertain that they've opened the right kind of dispute, because it doesn't seem like that an item not as described dispute has been opened for this purchase.

 

Having said that, even if you do manage to get a dispute opened for not as described, you'll be told to return the item to the seller in China by trackable means at your own expense, and packages rarely show as delivered in China even if you return International Signed For. The package usually tracks to China, but not to the delivery address.

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