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    • posts moved to your own thread  please try and ask Q's here only.   only court bailiffs can seize cars from private property.
    • But they can't take it from your drive? Nor move another car that would be blocking the car in question in?   And would it need to be a paper stamped copy of the bos?   The guy that called at my house only had a tablet 🤣 he left before I even had a chance to ask for the bos 🤣
    • you mean getting had blind...thats all DCA's ever do on anything ...they are totally powerless on any type of debt ...end of.   they can goto court and get a ccj on a debt, but that does not make them bailiffs and that getting of a CCJ is use of no special magical powers..you or i can goto court and raise a claim if we believe someone owes us money..they are no different to us the std joe public.   with regard to repo/lifting cars, it doesn't have to be a DCA.. there is only one condition that protects you - that being the car is under an HP Agreement and you have paid more than 1/3rd so thus is deemed protected good, - they CAN take it from the public highway as long as they have a copy of the Default Notice and (where necessary) the Bill of sale.
    • Stop worrying You called their bluff hence why he was so nice..you outsmarted him Ccp will advise if they wanted to attempt their snatch it tactics again and just remember keep it on your drive where possile   we 'll put them straight in our letter but the more time i waste replying to silly worrying posts the further we get delayed
    • Numerous pictures removed Please put them all in one multiple page pdf  Dx
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Direct tiles Warehouse - Faulty Tiles - Claim Issued


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You really need to start reading a few other threads and learn the process and what mediation actually is and what it entails.

 

Opting for mediation....as the court expects all parties to participate..you have complied...no risk to costs or amount claimed...mediation could fail and the claim proceeds to a hearing.....mediation may be a success...you get paid....and you wont have to pay the next fee to proceed to a hearing...thats a saving of £335.00

We could do with some help from you.

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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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  • 2 weeks later...

Yes please..otherwise we wont know what points they defend on.

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

 

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

Looking at their new particularised defence....something which I picked up on recently.......the following is very detrimental to your claim 

 

Quote

2. The Defendant avers that the Defendant has failed to exercise the short term and final right of rejection pursuant to the Section 20 and 22 of the Act and accepted ownership of the tiles following delivery in that:

 

a) The Defendant delivered the tiles on 20th April 2018 to the Claimant as confirmed in the Claimants letter dated 20th February 2020

 

b) The Claimant failed to properly inspect the tiles on the date of delivery and later affixed them but did not make any complaint to the Defendant about the quality of the tiles until a complaint was received by the Defendant on 20th November 2018 some 7 months later when the tiles had been affixed.

 

 

As for what happens next .......again you really should be reading around to find out the process......obviously mediation next.....if that fails ...then the claim proceeds to a hearing and the court issues further directions.

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

 

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I checked the tiles upon delivery and after checking for the things stated in the terms couldn't see anything wrong with the size, shade and colour of the tiles. Ive also a letter from the installer that he checked the tiles visually before laying each one.

 

Only after grouting the tiles at the 2nd stage of laying after various issues, personal and with the installer, did this issue become apparent.

 

After raising this issue with DTW did they ask me if any other tiles were like this did we check  and noticed others but not nearly as bad as some. I believe under CRA i can raise an issue 6 years after.

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Fair enough and I suppose your claim does not rely on " failed to exercise the short term and final right of rejection pursuant to the Section 20 and 22 of the Act  " 

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

 

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https://www.legislation.gov.uk/ukpga/2015/15/notes/division/3

 

You have six years to take a claim to the small claims court for faulty goods in England, Wales and Northern Ireland, and five years in Scotland. 

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

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