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    • Thanks   Is there any good templates that can be modified for the defence?
    • is this letter entitled letter of claim? and comes with a reply pack?   please scan up your original agreement to ONE multipage PDF read our upload guide carefully 
    • pop up on the MCOL website detailed on the claimform. [if mcol is not working return after the w/end or the next day if week time] .  register as an individual on the Gov't Gateway Site  note down your details inc the long gateway number given, you might need it later.  then log in to the MCOL Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform .  defend all  leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit MCOL. .. get a CCA Request running to the claimant https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... .[use our other CPR letter if the claim is for an OD or Telecom Debt] . https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . on BOTH type your name ONLY Do Not sign anything . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • The agreement started 11/02/2019  for 47 monthly hire payments   Threat-o-gram : We are instructed on behalf of Hyundai Capital UK Limited T/a Hyundai Finance Contract Hire.  This is inaccurate, as on my hire agreement it says - Owner Santander Consumer (UK) plc trading as Volvo Car Financial Services. Hyundai must be who this other persons agreement is with.   The only will is: Should you fail to make payment of the outstanding bablnce of £5,000, or alternatively provide realistic payment proposals within the next 30 days, we are instructed to issue County Court proceedings against you for the balance outstanding. Such proceedings will also include claim for costs.   Yes I still have my agreement. 
    • Hi M10,   Compared to MANY other cases we see here, a refund of 80% is a decent offer in the circumstances.   Take it and get yourself a new item.   Far better than Very and Apple each denying responsibility and passing the buck, and you being stuck in the middle for months with no help.
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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!
       
       
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    • 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

do i have unrealistic aims here


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before i slam like a ton of bricks on a store i need to ask if im being unrealistic

 

we brought a gazebo on monday

today we went outside to check only to find it upside down and half the poles snapped or bent

wind speed here is about 18mph overnight

 

the reason it flipped, the guy ropes had snapped in the middle of the ropes, to my mind that makes the rope unfit for the purpose they were designed - i just dont know if thats an unrealistic attitude

 

i need to wait until 7 to phone the store but im going to go with the not fit for purpose role, any other suggestions

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  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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To be fair you shouldn't have left it out overnight as it's not classed as a permanent structure. 

 

I bought a cheap one from eBay and it crumpled like a cheap suit. I got my money back. 

 

That being said I don't think it's been particularly windy in the UK well it certainly hasn't been in Central Scotland where I am. 

 

I'd certainly question its quality but perhaps omit the fact you left it out overnight. 

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The wind gusts last night in many western parts of the country were more than 18mph.

 

bearing in mind a storm was forecast on weather reports and in the news, you might face a struggle with this.

 

Have a look through the user advertsement/instructions etc to see what it says about taking the Gazebo down if windy weather is expected.

 

if you look at adverts for tents as an example, they generally state what capability they have for usage in certain weather conditions. You would not expect a £20 tent where it said it was meant as a cover against moderate weather conditions, to still be standing, if there were strong wind gusts. But a £100 tent that stated it could be used in stormy weather, should be strong enough to stand up to conditions, if the tent was erected per user instructions.

 

So it depends on what weather you had. I live in the west country and had items blown around the garden.

 

 

We could do with some help from you.

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It was about 70

 

The instructions that came with it said nothing about taking down overnight or even anything about windspeed and was simply a single side of A4

 

the wind speed was taken from met office and I took an image of it (we are also in a sheltered part of the country) 

 

Oddly enough the other gazebo (a £25 special) is still standing but the guy ropes on that are triple the thickness of these

 

Annoyingly I have more rope on order at the moment as well :(

 

Good new is so far the store has agreed to replace but that may change when we get there 

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Hopefully this will be resolved later then.

 

There is no harm in taking anything back, where the item has failed and stating your case. It might be worth taking pictures of damaged parts, so you have these before taking it back to the store. Just as a belt and braces approach.

We could do with some help from you.

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I'll pop the damaged guy ropes on the top of the box when I take it back, looking closer it seems more like string than actual rope, the other gazebos rope is about twice as thick 

 

Annoyingly I usually replace guy ropes on anything I buy with my own cord which is 100kg breaking weight but I ran out ages ago and the other ones in the post

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Give it a try, they can only say no,   the guy ropes may well not be fit for purpose;  where I live in North Wales we have had 60mph plus, with 82 mph at Aberdaron last night,  so any gazebo would have no chance

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Well it's back and refunded as no more in stock well done to b and q

 

To be fair we took it in and the lady on returns just mentioned she knew about it, as did the manager and apparently anyone else the twitter team and executive team could get hold of. 

 

Not sure what to replace it with yet so the old one is back up, it only came down due to a tear in one of the panels 

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Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Great result Labrat,👍

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I had one that I tied down well and a gust snapped the guy ropes AND the legs and lifted the remainder and threw it halfway across a field. that had a tubular frame  fo lightweight construction so I bought one with a bigger thicker steel frame but it still feels the strain when the wind gets up to 25mph an where I live that is a gentle breeze

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