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    • One thing you should probably realise is that this finance company is properly got a fairly long term business relationship with the dealership. To a certain extent they depend on each other so don't imagine that the finance company is going to be impartial.
    • My view is that you made a contract for an item which was not of satisfactory quality and it is clear from the evidence even of the finance company's own inspector that it was not of satisfactory quality when you bought it. In contract law, if an item is so unsatisfactory that you are effectively deprived of the entire benefit of the contract then the contract should be treated as void and you should recover all of your money and any ancillary expenses. It seems to me that you had no enjoyment at all from this caravan during your period of ownership. I think it's outrageous that the finance company are apparently say that because you've had it for a year before they eventually – and grudgingly – agreed that it should be returned, that you should effectively pay for a years usage. At the very worst, it should be said that you only had usage of it from the moment you took delivery to the date of your first complaint to the finance company. How long was that? However, on the basis that you had no benefit from the contract whatsoever, it seems to me that you should recover all of your money. Let me warn you that the FOS is unlikely to recommend this. However they are likely to recommend that you receive a portion of your money – and maybe it will be sufficient to satisfy you and you won't feel as if you want to try and get the rest. In the event that the FOS considers that you are not entitled to any further payment at all, then frankly I would recommend that you go to County Court and sue both the dealer and the finance company together to recover all of your money on the basis that I have described above – and I would say that your chances of success are much better than 85%. The action would be on the small claims track and that would mean that in the highly likely event that you won the case, you would recover all of your costs plus your money +8%. In the highly unlikely event that you lost the case then your losses will be limited simply to the claim fee and the allocation fee – which would probably be in the region of about £300. We would help you all the way. We would help you draft the documents and advise you step-by-step – although you would have to conduct the case yourself and it would probably be done by way of a telephone hearing. My personal view is that it wouldn't go as far as a hearing and that they would back down and pay you out. Personally I think it's a try on and they're taking advantage of the fact that they think that you don't know your way around and that you lack confidence
    • That seems ok it puts them in a spot, the last thing Simple wants is his rubbish POC and cut 'n paste WS to be challenged in a hearing.
    • DX100UK - How does this amended defence adapted from your posy of 19 Sept look? I could only see the date required for the CPR in item 3 to be incorporated:      1. The Defendant contends that the Particulars of Claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017. It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.    2. Paragraphs 1 & 3 are denied .The Claimant claims £3897281 is owed under a regulated agreement with HBOS on 27/08/2016. I do not recall the precise details or agreement.    3. On receipt of the claim form, the Defendant sent on date XXXXXX a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement to the Claimant and on date 28 August 2020 a CPR 31:14 request to their solicitors. To Date both remain in default of my requests and have failed to reply.   4. Paragraph 2 is Denied. I have never received a Section 87 Default Notice form either the Original Creditor nor the Claimant dated 05/08/2019    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:  (a) show how the Defendant has entered into an agreement; and  (b) show and evidence any cause of action and service of a Default Notice  (c) show how the Defendant has reached the amount claimed for; and  (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;    6. As per Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.    7. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82 A of the consumer credit Act 1974.    8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • So after sending the email to CEO, the ticket has been successfully cancelled - result!   My original email:   Dear Mr. Christian Hartnagel,   Re: Parking Charge Notice No: 0 XXX XXX XXX Vehicle Registration: XXXX XXX Issue Date: 11/09/2020 Entered Car Park: 09/09/2020 @ XX:XX:XX Exited Car Park: 09/09/2020 @ XX:XX:XX Athena claim an Overstay of 56mins. Photo attached of the receipt valued to your company as sales of £24.77. I am writing as the registered keeper of a car in reference to Athena ANPR Ltd's Notice to Keeper (ref: X XXX XXX XXX).   The vehicle was parked in the car park of your Edmonton store on Thursday 9th September 2020, while the driver was doing their shopping inside said Lidl store. After they paid for their shopping, they unfortunately did not enter the vehicle registration details into the parking machine before leaving the store/car park. The registering of vehicles’ details has not been required for the last few months during the COVID-19 crisis, and so, this instance was unintentional. Had a member of staff mentioned that normal parking procedure had resumed, the driver would have inputted the vehicle information as was done prior to the COVID-19 changes.   As a result of this, Athena ANPR Ltd has issued a civil parking charge notice without any consideration of the situation.   The driver has been to your shop in Edmonton store to try and get the issue resolved but was advised to get in touch with Lidl Customer Services. So far getting a response from Customer Services other than an acknowledgement, has been rather difficult.   The driver is a valued and loyal customer and this is very unfair, and therefore I, as the registered keeper, kindly ask that you instruct Athena ANPR Ltd to cancel this parking charge notice.   Kind regards, Mr XXXXXXX   And I just got this reply:    Dear Mr. XXXXXX Our Ref: XXXXXX Re: Your Contact Thank you for taking the time to contact our CEO. I have been asked to reply on his behalf. I was sorry to learn that you received a parking charge. I appreciate this may have been frustrating for you. Lidl is a national retailer. As such, we have stores in locations with limited parking space and in common with many of our competitors, our store car parks are abused to a significant and detrimental extent. We have therefore judged it necessary to take measures so that our stores parking facilities are available first and foremost to our customers. In order to ensure that sufficient parking spaces are available at all times to our customers, Lidl employs third party contractors to monitor and control our car parks. So far, this service has proved reliable and effective in reducing car park abuse and in freeing up spaces for our customers. In light of your comments, on this occasion only, I have requested that the parking charge is cancelled. Athena will confirm the cancellation in writing in due course. Thank you again for contacting us. Yours sincerely, For and on behalf of Lidl Great Britain Limited Kayleigh Hogg Customer Service *** If this ever happens again, I will make sure to always go via CEO route and make sure receipts are kept. Thanks to everyone for your help with this 👍  ***
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      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
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Shocking pictures reveal ‘disgusting’ conditions inside @Hermesparcels depot where workers ‘feel like slaves’


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Workers claim they are “too exhausted to care” about the conditions – and have gone as far as kicking parcels around like footballs, according to one member of staff who wished to remain anonymous.

 

They claim drivers are expected to deliver between 700 and 900 parcels each day in just eight hours.

 

The worker said they regularly work overtime and clock in over 11 hours daily to complete the “impossible” task as deliveries would otherwise pile up.

 

The driver claimed any attempts to raise the issue were rebuffed by management who called them “replaceable”.

 

 

https://uk.yahoo.com/news/hermes-depot-shocking-pictures-084537898.html

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

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Brilliant, well spotted.

 

Here is some more of the article

 

Quote
Some items in the Hermes depot are seen scattered on the ground after seemingly falling off the side of a conveyor belt (SWNS)
View photos
 
Some items in the Hermes depot are seen scattered on the ground after seemingly falling off the side of a conveyor belt. (SWNS)
More

These shocking photos reveal the conditions inside a Hermes depot, where one worker claims he was left “feeling like a slave”.

Hundreds of parcels are seen strewn in the back of a van and littered across one of Hermes' 26 UK warehouses on 27 December in Bradford, West Yorkshire, just after the gruelling festive period.

Some items are seen scattered on the ground after seemingly falling off the side of a conveyor belt – while one box that stayed on was massively dented.

In one photo, a brand new £350 43” television is balanced diagonally with boxes marked “fragile” collapsed all around it.

Workers claim they are “too exhausted to care” about the conditions – and have gone as far as kicking parcels around like footballs, according to one member of staff who wished to remain anonymous.

https://uk.news.yahoo.com/hermes-depot-shocking-pictures-084537898.html

 

I suggest that anyone who has any further trouble with this shameful company copies the article and uses it as part of their case. They should also send a copy to Hermes to show that they are fully aware of the shambles of Hermes.

Also, I would suggest that anybody who has anything lost on Hermes – starts scanning eBay

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  • BankFodder changed the title to Shocking pictures reveal ‘disgusting’ conditions inside @Hermesparcels depot where workers ‘feel like slaves’

sadly this is not confined to Hermes, all the courier companies have similar issues at depots that are often too small for the traffic going through them.  There are often good workers there, but agency staff brought in during peak, are  an issue getting in the way more than helping usually  best one we had was a Yodel driver put a parcel through the kitchen window, and it landed in the sink..

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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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At my work we share a depot with Parcelforce and even at Christmas when the place was packed out with Parcels there was nothing that looked anything like the carnage in those photos.

 

I'm in the depot for about an hour before I start out on my run and I can honestly say that any breakages ect are accidental, I know Parcelforce get a bad name but in the 9 years I've been there I've never seen anything that would make me worry about using them.

 

I know a good few drivers with Parcelforce and they also have to do between 80 and 100 drops per day, It's the self-employed drivers that struggle to make a decent living working for them.

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22 hours ago, Micky the Hippo said:

900 parcels in an 8 hour shift is a delivery every 35 seconds, that cannot be correct.

Totally impossible I would think, I know guys that struggle to do 100 in the same time.

 
 

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If 800 of them was one stop, and they were small bags on a pallet maybe Could easily have 300 parcels on 100 stops, average 3 per stop try 75 stops over 300 miles in 11.5 hours. in Mid Wales.

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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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9 hours ago, brassnecked said:

If 800 of them was one stop, and they were small bags on a pallet maybe Could easily have 300 parcels on 100 stops, average 3 per stop try 75 stops over 300 miles in 11.5 hours. in Mid Wales.

Yeah, I was reading it as 700-900 drops.

 
 

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