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    • Chargeback completed. Thanks to all for your help!!👍🏻
    • Please notice that I have had to restructure your text and introduce spacing to make it readable – especially for people using the small screen. Please will you make sure that your posts and future are properly spaced and punctuated. Thank you. It's a complicated story – but it certainly seems that Hermes managed to lose your laptop while it was in their care and so you will be able to get the value of your laptop back. We have lots of Hermes stories on this forum and so please will you start reading them up – probably at least six or seven of them. Take your time and understand the principles. Also, at the top of the forum you will find a sticky thread which is about the enforceability of insurance. It is important that you read this because you quite rightly did not take up their insurance offer – but when you sue Hermes – which you will certainly have to do, they will defend mainly on the basis that you didn't take out any insurance. You will have to have these arguments ready in order to knock them back. You will certainly be able to recover the value of your laptop and the delivery fee and court costs. You will understand the whole claims journey when you read the other stories. However, I don't think that the refund that you are hoping to get is recoverable. Can you tell us the basis on which you claimed the refund? Who did you purchase it from?
    • Start off by sending every party involved in this – insurers, doctors et cetera a subject access request. Do this straightaway. No harm at all in gathering as much information as possible. Secondly, people who have asked you for this money and ask them for a detailed account as to the basis on which they believe they are entitled to claim any money from you. Make sure that the letter begins by stating categorically that you do not agree that you owe them anything and that at no time have you provided any misleading information – you want a full detailed report on how they think you have misled them and the justification for the amount of money they are claiming. This is all about information gathering. Send a copy of the above letter to your insurer. It's a saying that you have been taken in by a bunch of ambulance chasers. They are out to rip you off and frankly they don't care how they make their money. Come back here when you have some answers
    • Being accused of misleading a solicitors in a personal injury claim and being asked for substantial payment after 2 years of no correspondence from them.   Accident 30th January 2019   Hit and run, luckily I got the registration and reported it to the Police and Insurance Company (One Call)   One Call took details from myself and Police regarding damage to the car, they collected it and fixed with no problem, no excess to me as originally  I was told the other driver was uninsured, then it came to light that her insurance company had updated registration incorrectly.. they honoured her insurance.   A couple of days later I had a phone call asking me many questions about my injuries, stresses and checking that I was adhering to my insurance ie belt on etc. Once I had finished these questions, the rep said that I was eligible for a personal injury claim, I hesitated, to be honest I was a bit overwhelmed, had terrible migraines brought on by stress and couldn't be bothered with the calls and paperwork that needed to be done... I gave in and said let's go ahead afterall with the pain I had I may well need treatment which could be costly.   I filled in the relevant forms and paid an upfront fee of £150 incase it went to court.   I was referred to OCL Solicitors who deal with the claims on behalf of One Call, they asked the question again, ones I had answered numerous time.    They organised for me to have an assessment with a physiotherapist in Salisbury, quite a distance from where I live in Andover, I was expected to drive there and back 12 times, costing me just under £500 for petrol and parking. The physiotherapist asked for this amount of sessions due to my neck, back and head injuries.   They then request that I attend a Doctor's assessment, I was faced with a rude and bolshy man, looked at me as though I was putting him out for being there, he asked me questions but wasn't really listening, he was tapping away on his laptop whilst I was speaking, he contradicted me when I told him about my injuries and medication etc. Quite sometime later the Doctor filed his report and the company said that he had found my injuries were not condusive with the accident.... I was walking dogs without injury the day before my accident on the school run. I requested a second opinion.... every communication via email took weeks, I had to chase constantly and then without any emails or letters the file handler said I would not get a second opinion. She asked if I had filled in a form on my arrival and I advised with my husband's agreement that I had not.... I never heard from them again and that was 2 years ago.   Yesterday afternoon I received an email stating that I need to pay for the doctor, Physio and Legal costs as I had breached contract by misleading them...   I did not mislead them, I had genuine injuries which the physio worked on quite intensely, surely they have breached the contract themselves by not keeping correspondence with me as stated in their terms and conditions. They are after over £2500, they have suggested a monthly payment of 24 instalments.   I have not done anything wrong, if I pay it that is admitting I have lied/misled them.   Can you assist me please???   Rgds          
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Royal Mail ignoring me - What now?


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A couple of months ago I bought an item costing £44 from eBay and paid with PayPal.

 

The item should have been sent by Royal Mail 1st Class signed for but for reasons unknown the seller only used standard 1st Class parcel although he did get a tracking number. That tracking says delivery was made the next day and due to that eBay will not accept my claim even though the service used was not as advertised.

 

I was in all that day and delivery was not made to me however I live in a block of flats so it is impossible to know if it has been left in a public area and stolen by another resident or visitor. The delivery person has stated that it was delivered as addressed however none of the procedures, even where amended by the Covid - 19 situation, stated on Royal Mail's website were followed. No knock on the door and no card left to say who it had been delivered to so the delivery person has clearly ignored the correct working practices.

 

My initial complaint to RM has been rejected and closed and while I have escalated it I am getting nowhere.

 

It is now close to the time where I won't be able to reopen the case with eBay so I need to figure out what to do next.

 

I see some people say it is possible to sue Royal Mail but is that the correct thing to try?

 

Other than that I see my options as being to sue the seller or attempt a charge back from my bank as the PayPal payment was made direct from my current account.

 

All advice gratefully received.

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Haven't you made an item not delivered claim through eBay?

If the eBay auction said that the item was going to be sent in a certain way and then it wasn't, it seems to me that you have a slamdunk case.

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Yes making a claim through eBay was my first action.

 

Sadly, even though the item was not sent by the way it should have been and the seller will not communicate with them they are taking the view that as the minimal tracking information says delivery was made I do not have a case.

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Is the seller a commercial seller? Are they in the UK?

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Well of course to a certain extent it is your word against the sellers – but you are helped enormously by the fact that you entered into a contract for delivery on certain terms and those terms weren't adhered to.

This tends to make your side rather more believable and so you might want to consider beginning a claim against the seller. How far away from you does the seller live?

 

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Okay, I was hoping that it was further away because a commercial defendant dealing with a litigant in person would mean that if there was a face-to-face hearing then the case would be listed in your local court and the defendant would have to travel which would add to the inconvenience and risk factor.

I think you have to decide what action to take. It seems to me that there is a breach of contract and in fact I gather that you probably paid a certain amount for delivery and the means of delivery which was eventually used cost less than that for which you paid.
I hope you have got evidence of everything – print outs et cetera.

 

If you think you are prepared to bring a small claim then you should read up on this forum about the steps involved in bringing a small claim – it's very easy but it is worth knowing in advance how it goes.

Then you should send the seller a letter of claim giving  14 days to reimburse you or else you will bring a legal action in the County Court and without any further notice. If you send this letter then you must go ahead with your threat. Don't bluff because you will lose all credibility. It's extremely likely that the seller will ignore you or will simply call your bluff – so that you will have to issue the claim papers on day 15.

This means that you need to be fully decided to go ahead on day 15 if your reimbursement is not forthcoming. We will help you all the way – but it is something that you will have to consider.

Your risk factors include the claim fee at £25. A hearing fee which for a small value like this may be only £50 also. If you lose then you lose them. If you win then you get them back plus your money.


 

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No, I mistakenly thought that eBay and PayPal operated pretty much hand in hand.

 

Having checked your link I will continue to wait the days until the eBay dispute can't be reopened but then go to PayPal before considering legal action.

 

BTW does anyone think a charge back through my bank would work?

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of course you can do a chargeback and then simply walk away too yes.

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... 

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11 hours ago, BankFodder said:

Okay, I was hoping that it was further away because a commercial defendant dealing with a litigant in person would mean that if there was a face-to-face hearing then the case would be listed in your local court and the defendant would have to travel which would add to the inconvenience and risk factor.
 

 

Sorry to butt in here but although the small claims courts are transferring cases from MCOL to the litigant in person's local court in the normal way, they are just not holding hearings at the moment and are issuing orders to the parties to agree to a paper determination. If either party does not agree they have to provide persuasive reasons why. The court can then either offer to hold a remote hearing where verbal evidence can be given by Skype etc or the court has the power to order that the case is determined on paper without attendees. I doubt that a claim for £44 would be a high enough priority for a court not to order that it should be held in any other way than on paper.

 

Therefore I think it's important that potential claimants consider whether their claim is suitable to be heard on paper alone and if not, to hold off issuing a claim until the courts are back to normal.

 

I've upload the relevant passage from an order. Hope this helps.

Order Example.pdf

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Yes, that's right

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