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By BankFodder · Posted
I agree. Maybe I didn't read it correctly. I had thought that the whole matter had been referred to the repairer by John Lewis On the other hand, if John Lewis has washed their hands of it – then I think a letter to them explaining that you are going to mitigate your loss by having the set repaired by the recommended repairer and that you will be pursuing them afterwards for your expenses – in view of their lack of interest. I think that will cover everything -
By Titchytitch · Posted
@BankFodderI agree should I mention the new crime reference number in the email ? I will draft response and put it on here before I email it across -
By BankFodder · Posted
You won't get handwriting expert. Apart from anything else it's hugely expensive. In terms of an action for breach of SAR – I would suggest that it would simply be a separate claim. If they are in breach of the 30 days, then you might want to send them a letter of claim. Post your letter of claim here and we can have a look. Keep it brief. -
By BankFodder · Posted
Actually the SAR is extremely important. It may reveal correspondence of which we are not aware. It may also refer to their abuse process or other processes. -
By FruitSalad1010 · Posted
While I agree with the sentiment, should this progress to court the claimant could be at risk of not being able to claim against JL for an unsatisfactory repair. For example, while it is unlikely, should the repair not be of satisfactory quality this is unlikely to be the fault of JL. This now leaves the possibility of a further dispute between OP and the repair company. However if the OP insists that JL organise and pay for the repair, it may take longer, but if the repair does not go as planned this is a matter for resolution solely between JL and the repair company. It also protects OPs rights outlined in the guarantee to receive a TV of equivalent specification which may be forgone if OP proceeds with a repair without the agreement of JL.
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
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 ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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