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    • One very useful admission to obtain from them in a recorded call would be to get them to admit that they hadn't informed you in advance as to the cost of the car rental. So for instance – "I'm just calling to find out what the cost of the car rental is because when you first approached me, it wasn't explained. I'm just want to find out so I can start arranging to pay how much I owe you." Something like that. The point is somehow or other to get them to acknowledge that they hadn't told you the rate at the time. It's an implied term of any contract the services that where no price has been agreed – then a reasonable price will be implied. Clearly you are not being asked to pay a reasonable price
    • Just to add, if you can start recording your calls then telephone conversations might be very useful because you may well be able to steer the conversation into some useful admissions. For instance, you might be able to get them to refer to the earlier conversations and what was said in them. This kind of thing would be gold dust. I think you can see that you have been tricked by aggressive salespeople – and it's up to you to start becoming a bit aggressive and assertive – and tricky – yourself.
    • Also, SAR to everyone else. I've already asked you to do this on the other thread. Also, no more phone calls unless you have read our customer services guide and implemented the advice there. Follow the customer services guide link or else click on it as it passes through the running banner at the top of the forum page
    • Presumably you have got the name and address of the van driver. Do you have the insurance details of the van driver? We need to start getting hold of other people statements. It's extremely unfair that Skippy are making decisions on your behalf and not showing you any of the so-called – evidence – or lack of evidence that they apparently know about. I'm a bit concerned that in your account though you talk about driving along at 30 miles an hour and then after the accident you talk about driving "slowly". What kind of van was it? Do you know what I was doing there? Was it there because the driver was working or is that where they live?    Was there a passenger in the van? What about the road conditions? You say that there was ice and snow but was it dark? Did people have their lights on? Did the van driver have his lights on?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies
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MCOL Claim Against Lighting Retailer


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Not sure if this is the right sub-forum, but would appreciate some advice regarding the following.

 

 

My wife and I purchased some lighting from a specialist online/high street retailer a few months ago...which was done as follows.

 

 

The company sell lights/lamps from various Manufacturers on their website, which are not bespoke in any way (they are not custom made/made to our specification...they are simply lamps/lights like any other customer could buy). After receiving an initial quote from the company via email for some items we were interested in, we changed the items a few times before settling on the final requirement list (but never received a final quote to order from...we were simply emailed an invoice to be used to order). Note all conversations/engagements with the retailer were conducted via email/telephone/their website.

 

 

We then sent the money via bank transfer to place the order (a total of around £1,800, of which the 2 lamps came to roughly £850)...and had to wait a few weeks whilst the lamps were shipped from the Manufacturers in Italy to the UK retailer...and then shipped on to ourselves. Upon receipt, we didn't like the quality of a couple of the lamps...and contacted the Online shop asking to return the items on the same day they were received.

 

 

We were advised we had no right to a return, as the lamps had been made especially for us...and it was noted on the first quote we received that they could not be returned once ordered (which I then checked, and it was a small clause at the bottom of the original quote).

 

 

From speaking to Citizens Advice, they confirmed that as the lamps were not bespoke in any way, that we hadn't provided specifications to which the lamps had to be made...and had essentially bought a product that could simply be ordered by any other customer...that the retailer had to comply with the 14 day returns period. So we started an MCOL Claim against the retailer from that point...and also returned the lamps via Parcelforce (which the retailer confirmed they had received).

 

 

We are now at the stage were the retailer has launched a defence against our claim, but they have yet to return the DQ form and have had a General Sanctions Order raised against them a week ago (we can enforce judgement in 1 week now if they don't respond).

 

 

Hopefully all of the above is clear...my question is, have we been correctly advised by Citizens Advice that the 14 days return period is our legal right, or has the retailer covered themselves by adding the 'no returns on this product' note on their original quotation?

 

 

I have a feeling the retailer is dragging it out as long as possible, and will file the DQ form right before the 2 weeks are up, which will mean a visit to court...so I want to make sure we do have the law on our side before that point!

Edited by Deviskan
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