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Hi all..no it did not come unfortunately. The ‘seller’ Tim emailed me with the date of delivery then he rang my son yesterday asking how we all are!! He then said we would be last on the list for delivery yesterday.. My husband called him and Tim told him to ‘stop stressing’!! The car was ready to be delivered and would be with us. We offered again to collect then he said it was in a lock up and couldn’t get to it..!! Eh??? Then he called my son at 6pm yesterday to say he could not come and he would deliver it today(Tuesday 20th) as no other jobs on and 100% guarantee..!! We know it’s not coming.. I told my husband not to call him anymore as it’s making him feel really poorly which is not helping.. Oh dear we have been scammed..We found 2 reviews for Tim and his company from 2015 and one said he took his money and never received the car and the other said he ripped him off and that person had started court proceedings.. -
Sue for damages AND a mandatory injunction. Then they can’t get around it by offering damages alone to bring the case to a close. -
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By honeybee13 · Posted
This looks like the same email address, a warning from the UK FCA about a clone firm with the name. https://www.fca.org.uk/news/warnings/north-state-clone-fca-authorised-firm -
By yellowplum · Posted
Thanks for the very thorough response. To be honest, I didn't think it was going to be easy, never is and especially not with a company like Amazon who as you state don't have the process in place to escalate to a human to understand this. Merely having a 'bod' on chat who seemingly just regurgitates what the computer tells them to say. (Side note) - I also noticed we are no longer included in ADR schemes on the amazon web pages for the UK. To also clarify amazon have issued a returns label on the first damaged table saw, but this has not been collected by Hermes yet. It is currently sitting downstairs occupying 'space' along with the second one. I would be happy to settle for a Bosch table saw. They told me they can't order a new one as it is out of stock. I think it is more prudent to stick to getting a Bosch Table saw in this instance and for amazon to supply it one way or another. Also I wanted to add something, I have spoken to Bosch themselves and they criticised amazons behaviour in this, they said they are looking at picking up the table saw and replacing the top that is damaged under warranty. However this will take around 4-6 weeks (at the moment this is an option Bosch are looking into themselves independent of amazon). If I do go down this option can I get any discount legally from amazon for the hassle? Or is it still better to peruse them directly and not do this? Thanks in advance
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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
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