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    • That would be me.   Any signs of the response yet?
    • ah good. changes things then. but you must reply to them within 30days. we'll deal with that later.   now why are you getting this letter if the agreement you said earlier is in your brothers name? should be in his name its also not on that they did that, it was obvious you could not get the credit , so can you clarify please who's name is on the agreement too?   what is also not very nice either is they scammed you into handing the car back under i would assume voluntary surrender, whereby you owe everything, rather than telling you you could voluntary terminate only owing to the 50% mark.   can you expand upon the how the handback came about and what they did and didn't say?   all of the above if true bodes well to p'haps buffing this debt away .   dx
    • Hi dx,   The letter does not have any title but, it does have attached to it a reply pack with an income and expenditure form included.   No problem, I'll scan and upload the agreement tomorrow so you can have a browse. Just as an aside, the agreement does say on the top of the page hire agreement regulated by the Consumer Credit Act 1974. So I was wrong.   Thanks!
    • Thank you both. My defence was as vague as their Claim.   1. I am the defendant in this claim and litigant in person. All allegations made by the claimant are denied.   2. The defendant does not recognise the alleged agreement xxxxxxxxxxx as mentioned in the particulars of claim therefore it is denied that any such agreement exists.   3. The defendant has requested copies of the alleged agreement under Data Subject Access Request, Consumer Credit act 1974 s.77/8 and Civil Procedure Rules 31.4 but to date the claimant has failed to provide a copy of this document.   4.The defendant has also requested copies of the default and termination notice for the alleged account xxxxxxxxx as required to legally enforce the alleged debt, but again the claimant has failed to provide either.   5. In addition the defendant has requested copies of statements for the alleged account xxxxxxx showing the amount of monies allegedly owed to the claimant. To Date these have not been provided.   6. The defendants view is that this claim is vexatious and an abuse of process as the claimant has failed to provide any documentation to support their claim and respectfully requests that the said claim be struck out.   As an aside, I noticed that the 'statement' they did provide had a different figure on it to what they are claiming, so I will hopefully be able to flesh out quite a bit in my skeleton argument.   Spam 
    • 80% refund sounds like a very good deal* as they are entitled by law to deduct an amount from the refund to reflect the use you have had of the item over the 12 months it has been working.   So you could argue that a deduction of 20% for one year indicates that they expect it to last for at least five years, and probably longer.     * Think about it this way - would you pay 80% of the value of a brand new iPad to buy a second-hand one that somebody else has been using for over a year, or would you expect to get it cheaper than that?
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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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Hi all

 

I'm looking for some advice regarding a recent online purchase.

 

 

I bought a computer monitor online last week which I had delivered on Friday. Unfortunately there are several issues with it that I cannot live with. One of them I’m fairly sure is a manufacturing defect. The monitor was fairly expensive (£450) so I contacted the retailer on Monday and asked to return it for a refund stating what faults it had. I told them I didn’t want a replacement as there seems to be QC issues with these monitors after doing some research and I'd rather buy something else.

 

 

They replied instantly and asked for photos of the fault which I sent hoping they’d deal with the RMA swiftly. I hear nothing from them for 2 days so I contacted then again today and they’ve asked for photos again despite me already sending them. I’m sensing they are dragging their feet.

 

 

I paid using PayPal. What are my options here?

 

 

If they don’t issue RMA should I post the monitor back at my expense then raise a dispute with PayPal?

 

 

The retailer has a page on their site that states, If a return is found not to be faulty they will return to buyer at the buyers expense.I was under the impression I could return an item that I bought online if its faulty. Do I need to prove its faulty?

 

 

Did I even have to send photos? Does the monitor even need to be fault for me to return despite being used? Despite having a 5 star TrustPilot rating I have uncovered some horrible returns stories with this company so not sure what to do next. I was tempted just to open a dispute on PayPal but PayPal says if the dispute is not settled they will then decide whether I get a refund or not.

 

 

This will teach me for not paying the extra and buying it from Amazon who have a great returns policy.

 

 

Thanks for your time.

 

 

Peter

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Even without a fault, if you bought the item online then you have the right to return it within 14 days for any reason

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just send it back and tell them that you want your money back as per the Consumer Rights Act. If it isnt faulty then you pay for the shipping

By using paypal you ahve left yurself open to big problems as you havent paid the supplier but a third party. Use the paypal SNAD disputes process and send back tracked. Let the seller know you are expecting them to pay for the shipping if there are genuine faults and not just quality issues as these are subjective

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