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    • Hi. Thanks very much for taking the time to read and respond to this post. I was a CAG member many years ago under a different username and I think it was you that helped me then, with a few DCAs. Thankfully, with help from this forum, that's all behind me now. Anyway, as far as this issue is concerned; the only reason that I contacted the manufacturer is because they just would not deal with me at all unless I did so, so even though I knew they were in the wrong (and I told them so many times, quoting CRA2015) I just thought that it might make it easier if the manufacturer would put it in writing that there is a fault. To be honest, at the start of all of this I assumed that Currys were still the excellent retailer that I was used to and have been using since I can remember. I don't really know when they started, but I am pretty sure that I have been buying from them since the 80s (a walkman I think - showing my age there!) although I hadn't done so more recently. I honestly thought that when the manufacturer confirmed that there was a fault Currys would do the right thing. I am shocked at how terrible they have become. I have attached my LBA. I downloaded the template for this from the Which website. It's slightly different to the last time I used an LBA, against a car dealer. There's a bit in there about Paypal. Unfortunately I used Paypal, in hindsight I wish I had used a credit card because I could probably then use section 75 (another thing I learned from CAG a few years ago).  Again, I didn't foresee any problem with Currys because of my history with them. lba currys.docx
    • once your debts were defaulted , paying or not or paid or not the defaults are there for 6yrs. you've been had blind..     which toward going to stepchange was the biggest mistake you made.
    • There's one other card for just over £400 in my credit file. Three of the cards were taken out end of 2017 or beginning of 2018. The largest amount. That card was probably taken out early 2017 or sometime in 2016.   I've battled with a life long drink problem. Mixed with periods of heavy in the most part recreational drug use. I've been told I have mental health problems but nothing officially diagnosed.   I was made officially bankrupt 15-20 years ago. Not long after the year was up I started borrowing again because it was offered to me. I again reached the point where it all got out of control. I didn't have the money to declare myself bankrupt again so I just ignored it. A while after the 6 years were up I was offered another card and that was that.   I start out with good intentions of building my credit file back up. But then my 'issues' kick in and it all goes wrong. Addictions aside. I have a problem with spending money. I always have.   Basically no financial company should lend me money. That is blatantly obvious from my credit history and spending patterns on previous and the aforementioned cards.   I might have some more smaller debts not on my credit file. But to be totally honest I wouldn't know. I was too out of it to know or care.   Rather surprisingly given my credit history as  far as I'm aware this is the first time I've ever had a ccj against me. As I mentioned earlier not knowing much about bailiffs was my fear. Life is a lot easier for me if I can't borrow or have access to borrowing money.
    • Well done on referring to the consumer rights act. You're absolutely right, you are within 30 days and you have the right to reject it out of hand and to insist on a refund. Have you asserted your right in writing? If not, do it immediately. Do it by email and confirm by letter – referring to the email. It's essential that you do this now. Well done on having issued a letter before action. Please can you post it here in PDF format so we can have a look. On the basis of what you have told us, – in particular if you have evidence that you have asserted your right to reject, then there is absolutely no reason why should loose. However, to reassure you on the point of costs – your maximum risk factor is your own costs of bringing the action, the hearing fee if it goes that far – and their reasonable cost of travel if it goes that far and if there is an in-person hearing. Most hearings nowadays are conducted on the phone. Other than that there is nothing else to lose. The only slight point here that they could leverage is that you appeared initially to concede your right to reject by taking it to the manufacturer. I don't understand why you did this. I don't understand why you would pay good money for a brand-new machine and then accept the fact that it needed to be repaired. However, I don't really think that this will stand against you. It would have to be very unusual judge who would accept this. You need to understand that – especially with companies like Currys – whose customer service is extraordinarily bad – you must stand absolutely on your rights, give no ground – no prisoners. They will be merciless with you – any concession to them is simply giving ground. Let's see the letter of claim. Have you started preparing your particulars of claim? We can help you with that as well.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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
      • 33 replies

Hermes laptop issue ***Settled at Mediation***


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There has been no reply to the above question and so I am assuming that the claimant is prevented even from revealing that information. We have to respect their adherence to the agreement. H

deemed service is 5 days + 28 = 33 days but that was saturday so shouls have filed friday before 4pm. but anyhow as bf says give it till tomorrow or weds then 

Hi. Please help us to help you. You only have one thread to follow but we all have many times that. Which post did you put the DQ on?   HB

Yes. The next step will be that they will trot out their defence – and after that there will be a directions questionnaire and it is at that point you will have to decide if you are prepared to push forward and to pay a further fee to go to a hearing. This is Hermes testing you out and seeing how much you are prepared to spend in order to assert your rights.

Hermes will spend much more money than the whole thing is worth trying to beat you

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  • 4 weeks later...

Hi, I issued my claim on Oct 27th and Hermes acknowledged it on November 3rd but have not put forward a defence yet I can still not request a default judgement, is this right?

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Well they have 28 days from the date of deemed service. That means, I think that you have to allow two business days from the date of issue of the claim and then add 28 days.

So if you issued on the 27 – let's say 28 October. Service would have occurred – let's say 30 October, to be on the safe side. Count 28 days from then. You should be able to enter judgement today – or maybe tomorrow – although it seems a little bit later than it should be. Keep on checking

What time of the day on the 27th did you issue it?

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deemed service is 5 days + 28 = 33 days

but that was saturday so shouls have filed friday before 4pm.

but anyhow as bf says give it till tomorrow or weds then 

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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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Try after 4.00 and then tomorrow morning.

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In fact - even this evening.

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Okay. By and large they are saying that the computer was a prohibited item and therefore it was carried at your own risk. Despite this they agree that they sold you insurance on it.

They also say that it was damaged and could not be delivered – but they don't say that it was destroyed and they don't produce any evidence to say that it was damaged or why the damage was so much that they couldn't deliver it. Clearly wasn't sufficiently damaged that your address details et cetera were lost because they apparently know exactly which parcel you are talking about and they know exactly which parcel it was that they were meant to be delivering. They are completely aware of which parcel it was which was damaged and they are completely aware of the extent of the damage which allows them (they say) to say that they were unable to deliver it – or to return it to sender.

Of course it's all nonsense. They haven't produced any evidence of damage and they haven't explained why they couldn't then deliver it or return it. It's only a laptop for goodness sakes. It's not an elephant.

It's not perishable goods that started to decay in their wrapping and losing out or making smells and attracting flies et cetera. It was only a laptop.

They also made a stupid mistake because they say that you didn't insure for £245 – but they have mistaken the figure that you are claiming because £25 of that is your claim fee. They now seem to be suggesting that you should also insure your claim fee!! These people are really stupid.

 

They don't say in what way the fact that it may have been a prohibited item somehow affected the risk of it being damaged. They don't explain why they knew it was a period item and yet they agreed to carry it and also they agreed to sell you insurance.

At some point you will get an allocation questionnaire. Let us know when you get it. It will ask you which court you want to have it heard in – and she will indicate that it is your local court because you are a consumer and they are a trader. You will have to pay a fee if you are prepared to go on.

Hermes will have indicated that they want to go to mediation – and you should agree. Read around the sub- forums about mediation and how it normally goes and how you will come under pressure from the mediator to reduce the value of your claim. Read what we have to say about that and our advice to you about standing up to the mediator.

Let us know when you receive the next stage
 

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I'm not sure of the delay. Maybe my site team colleague @Andyorch will be able to tell us

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Check the MCOl console and status of the claim...When it states Allocated...you will receive the Proposed Notice of allocation to Small claims track along with N180 Directions Questionnaire.

 

Did the court send you the defence or the claimant ?

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 Topic please PM me a link to your thread

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Well the court will send you a copy along with the Proposed Notice and N180

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 Topic please PM me a link to your thread

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  • 2 weeks later...

Who sent it to Hermes ?  Hope not you... yours goes to the court named on the DQ.

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 Topic please PM me a link to your thread

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Okay wasn't very clear what you was saying......so still no sign of yours.Have you rang the court to inform them of none receipt. ?

 

You could use the following but you will still have to ring MCOL to find out the date to submit and which court it needs to be returned to.

 

 

 

 

 

 

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 Topic please PM me a link to your thread

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northants bulk

 

dx

 

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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 0300 123 1057 / 01604 619402.

 

Or email 

 

 

[email protected]

Intention to proceed

 

www.moneyclaim.gov.uk/

Directions questionnaire

 

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 Topic please PM me a link to your thread

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Did you receive a copy of the defence? And have we seen it?

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  • Andyorch changed the title to Hermes laptop issue ***Settled at Mediation***

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