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    • dx100uk   do you think it might help if the OP went back to the dealer and argued the point about the dealer having to pay the vehicle recovery costs (in the event of a cancellation and no pre-contract info) by quoting to them the Motor Trade Ombudsman's view on the question from post #25?   I mean, the motor trade ombudsman is not generally well-known for being on the consumer's side, and yet there they are spelling out the OP's argument for her!   This could be backed up by (1) reiterating that the advertised mileage does not agree with the MOT history - at least I think that's the case; I haven't quite got my head round it yet, and (2) pointing out that the "sold for spares" bit is simply untrue.  She could wind up by suggesting that she thinks any ADR or court would find in her favour on all three of these points and ask if he wants to reconsider his position.   See if that shifts the dealer any further.   Assuming he won't move, then either go for ADR (is this binding and who does it?) as a first step or continue with legal claim.   Only contra-indications I see:  (1) I think the distance selling/extended cancellation argument is very unusual with a used car purchase and have no idea if it's likely to be successful.  BUT Advice Direct Scotland and Aberdeen TS seem to think it's possible(?) and so does the Motor Trade Ombudsman - so who knows.   (2) BankFodder did suggest several pages back that if the OP got the purchase price back that might be a result, but that would mean either writing off two sets of transportation fees or arguing separately about them.    
    • Hi. I posted on the facebook group about Hermes queries re: a parcel that Hermes said delivered but i didnt receive. It was a private sale of a mobile phone from a seller in Wales to me in Edinburgh.   The seller has stopped contact with me now so I cant get any help from them. Hermes are saying it was delivered but it wasn't.   I have got all copies of emails to and from the seller and to and from Hermes. A photo of the actual parcel that the seller sent me prior to posting.   There also seems to be a some confusion on the Hermes tracking info about which day it was actually delivered but either way I was in my house both prior and after the delivery.   There was no photo but it stated the driver got a signature. Not true cos it was a covid thing not to get signatures. No calling card to say it was left somewhere else or in a safe place. It just simply wasn't delivered.   I've been told to ask for GPS info in order to trace the delivery or driver. I cant even talk to a human or get a valid address to write to.   I sent an email to the CEO guy and still no reply. I've not reported anything to the police but I'm getting all sorts of contrasting advice to do this and not do that etc that im totally lost now.   If you read this David, please get back to me please. Much appreciated.   This happened in June/july so hope im not too late to still do something about it. It's just took this long to only get to this stage. 
    • PAC code   https://tinyurl.com/yxhxcsxf   ...
    • Noted! Hopefully there won't have to be another time though!     I did respond to the email, I just said that he cannot deduct any costs incurred for collecting / picking up the vehicle and if it heads down the route of ADR which is a total new concept of me having any involvement with, that he would have to pay a refund/the cost of the car and the cost associated with the collection of the vehicle.    Upon further checking the legislation because he gave me no cancellation rights prior to the contract starting he is indeed guilty of an offence, which is the likelihood of what trading standards are dealing with in regards to his local TS contacting him.     
    • hi,     Just asking for some experience or knowledge.     I purchased a puppy on the 30th of august. On numerous occasions I was in contact with breeder and asked if the puppy showed signs of entropion.    I was told no.   On the 26th of August puppy had first jabs. And apparently their vets said none of the litter showed sign of entropion.    On collection of puppy I noticed he was covered in green mucus. The pen had dog muck spread in there so assumed it was just from pups playing and maybe getting it in each others eyes (poor hygeine on breeders part)   Anyways,   Asked breeder to wipe pup and we left       With in 3 hours we realised that the puppy wasn't well. He physically couldn't open his eyes and when we attempted to clean them his eyeballs weren't visible.    We phoned an out of hour vets and contacted the breeders immediately.     The pup was taken to the vets and we were informed he had a severe eye infection which was a result to entropion.    The vet bill came to around 900 after tacking and meds etc. I asked the breeder to cover the costs. They said no because their vets said their was no issues.     The state on this puppy my vets think he's suffered from birth.     And most certainly not 5 minutes before I turned up.      I've filed a small claims for the cost of the vets and the cost of the puppy.      Where do you think ill stand?    What type of evidence will the judge want to see. Thanks
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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
      they said the dispute had been closed but Evans at no point had attempted a refund.
      fast forward to today
       
      I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
      I’ve also contacted their customer service too
      all I get is PayPal have cancelled refund because dispute is still open.
       
      I have proved that the dispute is closed
      I have got an email saying that if Evans sent the refund they would accept it
      but up until the date I got the email they have not once attempted a refund .
       
       I have sent them a letter before court email
      I have even offered to have the full refund as a gift card just to get this sorted !
       
      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .

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Hi

 

Having a complete nightmare with this company

I sold a TV on eBay about 3 weeks ago paid 16 pound delivery fee for next day delivery

 

Packaged the parcel up on the Sunday ready for the collection Monday

they failed to collect the parcel

kept getting texts delivery driver will collect between the times stated

no sign of him

 

He decided to strut up my drive way on the Thursday to collect it

told him your only 4 days late

didn't seem to give a toss.

 

off he went and threw the parcel in his van and drove off

 

next day get a message on eBay buyer has started a return request

turns out the TV arrived smashed and the box was crushed,

 

VI paid another 16 pound to have it returned and I'm now 200 pound out of pocket plus 32 pound for the postage charges and they had the cheek to refund me £1.64 for the 4 day late collectionV

 

I have sent all my pictures and evidence to their claim department and filled out their form for damages over 10 days ago and not a single email off them. Emailed them last week for an update not a single reply

 

Anything else I can do because I'm losing my patience

 

Anyone else had any dealing with these people

Edited by dx100uk
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Not heard of these people before – but frankly you should simply send them a lba giving them 14 days and then you will sue. Don't bluff. If you're not prepared to follow through with your threat at the moment that the deadline expires then don't bother.

 

It is extremely easy to bring a small claim, cheap, you will get your costs back so long as you win and if you lose your and have to pay the other side's costs. On the basis of what you say, the chances of you winning are better than 95%. Your claim would comprise all the delivery fees, the value of the TV, any eBay fees, PayPal fees – et cetera so that you are absolutely not out of pocket.

 

Lots of information on this forum about bringing a small claim. Send the letter first class recorded delivery tomorrow morning. Spend the rest of the time getting to know how to use money claim online and drafting your claim form.

 

Claim form would probably be:

 

the claimant contracted with the defendant delivery company to deliver a television set to an eBay customer – reference number XXXX (courier reference number)

 

The parcel was delivered to the purchaser in a badly damaged state and is unusable. The claimant was obliged to refund the purchaser. The damage was caused by the defendant company or their agent.

 

The claimant claims £XXX – do all the calculations and list it.

 

Plus interest 8% plus costs

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  • 3 weeks later...

today i received a letter from ipost parcels/DHL

 

copy of the letter

 

https://imgur.com/a/7Dizxvi

 

They are refusing to settle the damage claim and they seem to think a picture i sent them as part of the claim shows insufficient packaging

 

im sorry but by looking at a slight tear in the box how do you decide if a parcel has not enough packaging in it

 

they are using any excuse to not pay out for the damage they have caused and claim they cant accept liability for items damaged in transit, the way the item was returned back to me is more than a dropped item

 

the screen is cracked and the side of the tv is dented like it has been trapped in a door, thrown around a warehouse or stood on the box was crushed and an absolute state when it arrived back to me and wasnt not sent in this way.

 

What are my next steps now any help appreciated

 

Many Thanks

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Hi

I have just read on their site about breakable items and they state that televisions over 37" would not be covered. I can't see why that should be an issue. TVs under 37" are just as able to be broken by poor handling.

 

 

Did the recipient send pictures of the delivered item?

 

 

 

Did you give them 14 days to rectify (Letter Before Action). If so then it really means that your next step is the route mentioned by Bankfodder.

 

 

You will need to find out the actual name of the company (DHL trading as Ipostparcels or similar)

 

 

It may be at the bottom of any letters received but looking on the Companies House website shows masses of them.

http://tinyurl.com/ybtqcr7b

 

This is the closest I could find

 

 

http://tinyurl.com/y73v6kea

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