Jump to content



  • Tweets

  • Posts

    • Hi slick!    On 22 July they said they would refund me £74.07 Theres no DD in place as my membership was a once off payment in November last year.  Hi Dx,    I paid through PayPal last year as a one off payment. 
    • I'm trying to understand it all but I certainly tend to agree with my colleague @dx100uk that it looks as if you may have been taken for a ride. You found an advertisement for a bag on an online sales site. Instead of going through the established procedure of that site, which presumably allows them to recover a commission from the seller you started dealing directly with the seller who is an unknown person to you and of course that allowed the seller to avoid paying the commission. At whose suggestion was it that you went off-site? You then pay by PayPal but instead of logging it with PayPal as a payment for a purchased item, you tell PayPal that it was actually simply a gift or transaction between friends and family. This also allowed the seller to avoid paying a PayPal fee on the money. At whose suggestion was it that you paid in this way?       I don't say that you definitely have been scammed, but it doesn't look very good. This is how it might have happened: after you agreed to take the transaction off-site, so you lost the protection of the established system – and the seller avoided the commission and also avoided the sales site knowing that they had sold their item, you then agreed to pay the seller some money – but not for a purchase – simply as a gift. This has two consequences. Firstly, the seller avoids a PayPal fee and secondly, because PayPal has been misled as to the purpose of the payment, you lose the protection of PayPal if it turns out that you've been scammed or there is some other problem with the transaction. The seller then apparently sent you the parcel and they sent you pictures of a package with your address on it. Separately they sent you a Hermes tracking number – but there is no evidence that the package was actually posted to your address. The seller might simply have taken a picture with your address and sent that to you by way of reassurance – and then changed the label and posted the parcel to themselves but sent you a tracking number which is inaccessible to you and in respect of which you will be prevented from getting any information. All you've seen is a parcel with your address on it. All you've been given is a tracking number which satisfied you for a while until the parcel did not arrive and then when you started to make enquiries, you found that you were unable to access any details referring to the tracking number. Of course the tracking number says that the item was delivered – because maybe it was – but in that case it was delivered to the address on the parcel which might have been the seller's own address – or the address of a friend. I don't want to say that this is definitely how it happened, but it is a plausible scenario. Of course Hermes is an awful lot of parcels – but on the other hand I expect that most of the parcel is that going to Hermes hands are delivered successfully. We only get the bad stories on this forum. I can imagine that Hermes rate of successful deliveries is better than 97% because otherwise people wouldn't simply just hate them, they would go out of business.   We can help you bring a complaint against Hermes if you want. However, on the basis of what you say, the odds are stacked against you but it would be useful to try and find out the address which was associated with tracking number. As far as your apparent willingness to travel hundred and 50 miles to ask for your money back, don't bother. If you did actually go there, are you sure that the seller actually lives at the address that you have been given? What evidence do you have that? Of course if you found that the seller didn't reside at that address then it is slamdunk that you have been scammed. But then what are you going to do? You can try to inform the police but of course it won't get you anywhere. You can inform the sales website – but they will say that you brought it on yourself because you agreed to go off-site. You can inform PayPal – that they will say that because you sent the money which was calculated to avoid their fees, you have lost the protection. If you travelled the 150 miles and found that the seller did reside at that address, do you really think that they are going to hand your money over to you? If they are acting dishonestly then they will simply say that it is nothing to do with them, that they addressed it all correctly and they don't understand what has happened and that this is simply Hermes up to their old tricks. What are you going to do? You simply risk getting into a very nasty argument and depending on how bad it went, you might even find that the police are called and I'm afraid that they would be looking at you – not the seller. Maybe you can answer the questions that I've post above as to who it is who initiated the various ways of doing business.    
    • The legal campaign's going well then. The recount in Wisconsin gave Trump more votes but Biden even more, at a cost of $3m. And a donor to the organisation bringing the failed cases is suing to get his $2.5m back.   https://www.theguardian.com/us-news/2020/nov/28/joe-biden-gains-votes-in-wisconsin-county-after-trump-ordered-recount
    • Yes Unicorn feed tax again, can't sue the keeper for more than the Original Charge, so any additional Debt Collection fees aka the £60 they add is abuse,iof process as per HHJ Harvey at Lewes county Court What lookedinfroinfo is indicating is that the main signage on entry and dotted around is merely an " Invitation to Treat", not the offer, the Offer and Acceptance occurs at the payment machine, so wording there is key.
  • Our picks

horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***


Please note that this topic has not had any new posts for the last 250 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

  • 3 weeks later...
  • Replies 101
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

The courts do not inform or serve notice of Discontinuance BN...its for the claimant to serve notice on the defendant (N279)   Andy

stay here same issue..

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

They are obviously trying to ground a personal liability for the dissolved companies debt by seeking costs.  Costs for what though as their claim was kicked out.  Think they are trying to reinstate it by back door.  Need to be careful with this one, make sure fact no debt existed so no initial cause of action, their loss pursuing the case should not be recoverable, as surely they lost.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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!

Link to post
Share on other sites

Just remember these people are not honest brokers, they are trying something here, it should have been put to bed by the judge previously, as debt didn't exist, so why they are after costs is strange in my book.  Perhaps DX,  EB  and others will have some thoughts here.will have

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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!

Link to post
Share on other sites

they are hoping that the judges words regarding the lack of an entity to sue give them the chance to try again by suing you as an individual having vicarious liability for the company.

 

Now this is a risky strategy on their part as it risks a big costs issue if they fail.

 

They also risk you suing them for breach of the DPA/GDPR for the unlawful processing of your personal data.

they will argue that a company has no personal data but that in itself will give them problems as they have lost a court case where that argument can be considered if you were minded to counterclaim that summons.

 

i think they may well just try resending the original invoices and hope that you are fed up enough to just pay up.

 

As a date has been given we will need to know exactly what has been said. 

you can ask for the traqnscript or recording of the hearing to be made available but it isnt an automatic right and may be costly as the courts only use certain peopel to write them up and they certainly charge!

 

What we dont want is for you to lose because you dont understand what it is you are fighting and we cant offer much at this stage because we dont know what it is either.

 

please explain everything even if it means writing a small book on your day out

Link to post
Share on other sites
  • 2 months later...

Just received this by email

 

Without Prejudice Save as to Costs

 

Dear Sirs

 

Our client is willing to try and settle this matter without the need to attend Court and the further costs that would be associated with having to attend. 

 

We appreciate you are a litigant in person and may not therefore be as familiar with Court procedure.

 

Our Client proposes a 'drop hands' settlement, whereby both parties discontinue each of their Claims and walk away, bearing their own costs in the matter. In essence, our Client will end its proceedings against you if you choose not to proceed with a claim for costs.

 

 

If you need to discuss further please do not hesitate to contact us.

 

Link to post
Share on other sites

what did you claim or could in costs?

 

in a way you've won and you could agree and walk.

 

in another, they could be extremely frightened that you will win in court, esp on the data issue which they have lost on before, which can cost them dear,

 

not only from their costs side,

but also upon your costs

 

and ofcourse the effect their lost case will have upon to their other claims going forward against others that are obviously in the speculative roboclaim court system already for the same situation as yours.

 

I believe your situation is pretty unique though in terms of the vehicle ownership being via a now  defunct company.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I have replied to the email to agree for this matter to be closed & no further action.

I appreciate all the help thanks 

Link to post
Share on other sites

so they are going to issue a notice of discontinuance

even if you get one from the claimant or their dogs..

don't forget to give it a few days and check with the COURT too, they've pulled these disc'd stunts before!!

 

 

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Its a known PPC trick as DX says for them to say not proceeding, then go for a default summary judgment.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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!

Link to post
Share on other sites

Oh I will phone the court friday & see if it has been cancelled & if not I will explain to the court what they have sent me thanks for the advice tho 

Link to post
Share on other sites
  • FTMDave changed the title to horizon/gladstones windscreen PCN claimform - Bromborough croft retail park **DISCONTINUED**
  • Andyorch changed the title to horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .

The court has cancelled the hearing for another date to be confirmed due to covid19.

Plus I have received from the other party a notice of discontinuance, so I take it that when I spoke to the court they probably had not seen that notice.

Link to post
Share on other sites

keep that letter of Discontinuance, in case later on they forget and try again.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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!

Link to post
Share on other sites
  • Andyorch changed the title to horizon/gladstones windscreen PCN claimform -Bromborough croft retail park .***Claim Discontinued***

Print and save, a copy and save the email in a couple of different places.  have the Court sent a letter stating this as well yet?  If not state you have the email to the court and ask them again.  Do ASAP, as the Courts might well be getting locked down soon.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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!

Link to post
Share on other sites
1 hour ago, brassnecked said:

Print and save, a copy and save the email in a couple of different places.  have the Court sent a letter stating this as well yet?  If not state you have the email to the court and ask them again.  Do ASAP, as the Courts might well be getting locked down soon.

 

 

The courts do not inform or serve notice of Discontinuance BN...its for the claimant to serve notice on the defendant (N279)

 

Andy

  • Like 1

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

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

Link to post
Share on other sites

 Thanks Andy All the more reason to archive that e mailed notice then Gladdys often forget things like that

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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!

Link to post
Share on other sites

Just spoke to the courts they have said the case has been discontinued no further action 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...