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game over for simple simon then. all the signs say excel. the claimant is vcs. i'd be sending him an intimidating letter saying do you really want to go through with this doomed to fail claim and waste your money and pay my costs . signs at the time you sent me say excel claimant for this claim xxx is VCS....bang bet your foot hurts.. idiot! dx
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Who has applied for Summary Judgment ?
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By honeybee13 · Posted
Hi. I've moved you to the Employment forum for now. The regulars should be along to advise later. HB -
oh yes there is. a DD mandate cannot be forever! there is no such thing or thinking that once a 'company' has a signed DD mandate from 'a' customer they can use it for anything and everything until the customer cancels it. a DD mandate must stipulate, and is only valid for, the duration of the contract. an automatic renewal of an insurance policy just because the company slipped in hidden deep in their T&C's that by default a client agrees to renew is not permission to extend a DD mandate, a new one must be issued and the customer must agree and not by default. thats is exactly one of the reason the DD Guarantee is therefore. D&G are masters at this scam and have been castigated numerous times over it.
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By honeybee13 · Posted
Hello and welcome to CAG. Don't rush to reply. Can you post up a redacted copy [pdf] of the letter please? Also, we need the information requested in the forum sticky so that the guys can advise you on this. Best, HB
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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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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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