Jump to content


  • Tweets

  • Posts

    • Documents arrived today. Hearing in 5 days. Their docs comprise of their defense, their T&Cs and some case law. About 80 pages. It will take 5 days to read and understand them. Interestingly though, last week they sent me a cheque to cover the postage of the lost item but said they could not offer any compensation for the lost items as I hadn't shown how much they cost me. The thing is, in their defense they stated that had sent me the postage and I asked them to prove it. They have failed to prove it, but simply paid it just now. I will argue that the item carried (up to) £50 compensation for International Track and Signed post and they have failed to make a payment. They will argue I haven't proven a trade price only my retail price and I should not be allowed to profit from the claim. They will argue there is not contract and even if they were the can't be sued. I will let the judge make up his mind on how much of the £50 compensation I should be due when the items only had value but no actual trade price. I have no real argument for the other special delivery UK items for failing to claim compensation within 14 days of sending. Ignorance of such a term is probably no defense unless the term is hidden away in small print in the bundle of T&Cs. I will argue the term is unfair anyway. Who even bothers to check to see if a special delivery parcel gets delivered the next day ? I reckon most people  never check unless the recipient says the parcel hasn't arrived.  
    • If you would scan redact and upload a copy of the Notice of Allocation (N157) containing the court directions that would be of great assistance in advising you how to prepare for the next stage.   Andy
    • Hi TT and welcome to CAG   Can you tell us, in short bullet points, the nature of the errors, contradictions and  omissions.   Was this just a valuation survey needed by the lender, a full structural survey commissioned by you, or something in between.   Pay the credit card monthly bill as normal. Do not withhold any payment.   If you get no joy from complaints to the surveyor and/or regulatory body, you can lodge a s.75 claim to your card provider. They will then start the process of considering the dispute.
    • Precisely. At which point keek gets the agreed expert to report that the claimant was being obstructive …..
    • You also need to send Gladstones a snotty letter to show you'd be big trouble and would hit them in the pocket if they took you  court, so they'd be better off going after some mug who would blindly cough up.  How about something like   Dear Will and John,   cheers for your Letter Before Claim.  It cheered me up no end and I had a good laugh thinking that you seriously expect someone to be so stupid as to cough up after reading such tripe.   I had every right to park where I did and can prove it, so your clients aren't getting a bean.   I love not only the £60 Unicorn Food Tax but also inflating solicitors' costs to £80 - bet the judge wouldn't though.  F0HM9E9Z.  Lewes.  Go and look it up.   You can either drop this foolishness now or your clients can get a good spanking in court. The choice is yours.   I look forward to your deafening silence.    COPIED TO EURO PARKING SERVICES LTD   Get the SAR off tomorrow but hang fire with the snotty letter till Monday to see what the other regulars think.  There's a tightrope to walk between showing these sharks you are legally sussed and have a robust case, but at the same time not giving away details of any possible future defence to them.
  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 932 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi Folks,

 

I'm having a number of issues with Quickquid and them supplying me information of all loans I have had with them. I am planning on putting in a IRL claim against them

 

History:

 

30/07/18 - Sent E-mail request asking for all loans I had with QQ over the years (was a lot) Provided Date of birth, and all addresses I have had over the last 9 to 10 years

 

16/08/18 - No response received, sent a chase request

 

20/08/18 - They provide 6 account statements.

I can only reconcile that against 2 of my loans (4 were potentially from an old bank account I had no access to) I was expecting another 14 statements.

 

26/08/18 - I chase up the missing statements

 

04/09/18 - Chase again due to no response

 

11/09/18 - Chase again due to no response

 

21/09/18 - Chase again due to no response!!

 

26/09/18 - I call them as this is getting ridiculous.

They state they will make the information available on their website as a downloadable file.

 

28/09/18 - Information is now available. I download it and it is exactly the same as before!! Still missing all the statements.

 

What should my next steps be.

Are the actions I have taken essentially a DSAR or do I need to explicitly ask for this?

Or should I now just go straight to the ICO and raise a complaint?

 

Thanks in advance

 

KO

Link to post
Share on other sites

Make a formal complaint to the ICO. The ICO will probably respond with an email saying that QQ are unlikely to have complied with their statutory obligations. As soon as you have that, send them a letter before action giving 14 days and then sue for breach of statutory duty. Once QQ have the court papers in hand, you will see that they will start taking notice of you.

Link to post
Share on other sites

Thanks BF, much appreciated. I even gave them dates and amounts of the loans and then still nothing! I shall get this submitted to the ICO tonight. Thanks again!

Edited by king_olaf
typo
Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...