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To give you a brief overview of the matter: I had booked my wedding at the venue for 19th July 2020. I had several correspondence with them during March, April and May to find out what options would be available to me if my wedding can still not go ahead with the 400 scheduled guests. In May they finally emailed me with an option of either rebooking my wedding to the following year; with several restrictions as to when I could rebook e.g. only on a sunday and only into a peak season month, or I would cancel and be subject to their cancellation fees which according to their contract: if cancelled within 9 months would be 50% of total costs or if cancelled within 6 months (as would have been my case) I would have to pay 95% of the total venue cost. Naturally under pressure I chose to rebook to the following year of 25th July 2021. I had to sign the variation agreement of the date which states if I wish to cancel my new date then I will be subject to cancellation fees based on my original date which is an unfair term. I emailed them in November to inform them that it was unfair that I was not offered the option of a refund for my cancelled wedding in July 2020 and as per CMA guidelines I should have been offered a full refund. It is also unlikely that my wedding will be allowed to go ahead with 400 people in July 2021. I informed them several times how many people will be attending the venue but they stated that my booking was not for number of guests, but for a room hire only, despite them asking me the number of guests they need to accommodate on the initial enquiry form. They are refusing to give me a full refund and are demanding I pay another instalment despite me informing them I can no longer go ahead with this booking. Can anybody advise me in this matter I would greatly appreciate it, I am not sure whether to take this to a small claims court. -
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Thanks again for the advice Andyorch - will do as you say - radio silence -
thers no point the UK gov doing anything but is there? Once the UK 's singapore on Thames financial antics and rights and regs bonfire gets more obviously underway, the UK will lose anything they already have that isn't in the EU's benefit. The EU is seeing very small problems compared to the UK's loss of financial access and 3rd country customs regs. Scottish independence and Irish reunification; all in the EU; coming down the tracks like the flying Scotsman on a full head of steam SNP expected to increase their MPs, Johnson starting to get his pheasents revolting (like Patels recent critiques) ... Putin and the extreme right American billionaire club in a two pronged attack has effectively ended the UK without firing a missile.
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jj58 posted a post in a topic,
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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