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    • My husband and I recently started a small Cornish hamper company. We have sold cream teas and christmas hampers through Parcel2go , Hermes since April and have been happy with the quick and effective service. However we paid for 2 days delivery on 17 hampers on the 10th December. 5 if which they have admitted to loosin yesterday. They sent me the  claim forms for compensation and I have now recieved confirmation that they do not cover hampers and so therefore are not liable for loosing our packages. No compensation at all ! I have had 5 very upset customers who I have had to refund and I am not really out of pocket.  I want some help to see what I can do next. Surely if they couldnt send it they should have to give me the package back or a full refund!!  Any help would be much appreciated 
    • god no!! don't ever send that. plays all your cards   use our enhanced googlesearch box    snotty letter vcs excel
    • follow post 2 here letter of claim  
    • Interesting if you are a virtual citizen of the world (also interesting that they are still considering the UK as protected by EU data protection rules)   https://www.cbs17.com/news/eu-regulator-gets-request-to-approve-oxford-covid-19-vaccine/   "Questions also remain about how well the vaccine protects older people. Only 12% of study participants were over 55 and they were enrolled later, so there hasn’t been enough time to see whether they develop infections at a lower rate than those not given the vaccine. The U.S. Food and Drug Administration says it won’t consider approving the Oxford-AstraZeneca vaccine until data are available from late state research testing the shot in about 30,000 people."   "The EU regulator said it received a request for the vaccine to be greenlighted under an expedited process and that it could be approved by Jan. 29 “provided that the data submitted on the quality, safety and efficacy of the vaccine are sufficiently robust and complete.”"   - I certainly want to read that.
    • Conserve them for what?  What possible use is a vaccine sitting on shelves being 'conserved'?
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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

Lost SIM - requested but never received ***Resolved***


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Hi,

 

I am with Vodafone, I lost my SIM and requested it over the phone twice, but after a month I have not received it. I complained to them, and all I am getting are emails requesting me to fill out forms to pass security checks first in order to look into the matter.

 

I cancelled my payment and I want to end my early contract for their failure to provide me with a SIM.

 

I sent them a letter today with 7 days to reply or take the matter with the Ombudsman.

 

I am wondering if there is any ground for ending the contract for their failure to provide me with the SIM.

 

If not, can I request compensation for the loss of usage and being without a phone for more than a month now.

 

Cheers

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Failure to provide you with the same is excellent grounds for ending the contract. If you have given the reasonable notice that you need a new seven and they have failed to provide it then they have effectively deprived you of the entire purpose of the contract and that amounts to, what is known in law, as a – fundamental breach. This effectively can terminate the contract.

The big problem is that Vodafone don't recognise this kind of reasonable behaviour or the legal rules. As you have stopped your payment, you can be certain that Vodafone will go into debt collection mode and will blight you and eventually blight your credit file.

Make sure that you have got everything in writing. Don't rely on phone calls unless you have recorded them. Read our customer services guide.

Before you fall out with Vodafone completely, get your PAC code – go to GiffGaff and get a Sim card there and transfer your number there. GiffGaff is probably the best as they are monthly and you could alter your monthly contract to suit your usage month by month and you can leave anytime you want.

Be careful about Vodafone. They are like dinosaurs and they are more interested in crushing you then providing a decent service.

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I thought that there was now a website link where you simply clicked and entered your number and got a PAC code

 

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https://www.bbc.com/news/business-48816459

 

I see, you're saying that as you can't access your text, you can't retrieve a PAC code.

How about going online? Surely if you go to the Vodafone website you will be able to access your account

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  • 1 month later...

I took the matter further and this is what's happening,

 

I am getting an adjudicator to decide on it, but Vodafone argues that I do not exist because of data protection the information does not match, this is because I moved address and they did not update it accordingly, obviously to use it as an excuse, so bellow is what i received :

 

++++++++++++++++++

 

 

We are contacting you regarding CEDR Resolution Centre Case: 6.....

The adjudicator has reviewed and upheld the company’s objection to this application for adjudication.

The adjudicator has provided the following comments:

"I have reviewed the company’s objection under Rule 2.2.1.

 

Rule 2.2.1 details that a case cannot be dealt with by the Scheme where it is “brought by someone who does not fall within the definition of a ‘customer’ under Rule 1.5”.

 

Rule 1.5, in turn, states that a ‘customer’ is “an individual, or business with no more than 10 employees, who receives communication services from the company”.

 

The company appear to submit that the claimant is a customer, but object as it cannot satisfy its DPA requirements.

 

I have reviewed the claimant’s application. I note the claimant’s evidence, where they have provided a message sent from the company’s customer relations email dated 5 October 2020, which includes the claimant’s account number.

 

I find this is satisfactory to show that the claimant is a customer under Rule 1.5.

 

However, though DPA checks do not form part of the CISAS eligibility criteria, I do find it may be useful if additional evidence (such a bill or contract) could be provided, showing the claimant’s details as specified by the company, addressed to the claimant.

 

Therefore, at this stage I will be upholding the objection, to allow the claimant an opportunity to provide this information.

 

However, as mentioned above, I do not find Rule 2.2.1 applicable, therefore, irrespective of the customer’s comments, the claim can proceed in regards to Rule 1.5.

 

Lastly, I take this opportunity to note that CISAS is an evidence-based Scheme and it is for the customer to show their case is eligible, particularly when challenged by the company. Seyi Fowles, In-House Adjudicator."

The customer is welcome to provide comments to be considered by the adjudicator before their decision to reject the application is confirmed. These comments must be submitted within the next 10 working days.

Kind regards,

Centre for Effective Dispute Resolution
70 Fleet Street, London, EC4Y 1EU, United Kingdom
Tel: +44 (0)20 7520 3814

 

 

I need to respond and I need help.

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  • 3 weeks later...

Well done and thanks for concluding your topic......title updated.

 

Andy

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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  • Andyorch changed the title to Lost SIM - requested but never received ***Resolved***

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