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    • Bankfodder, I don't understand why you think that I am trying to cheat them. It is in the best interest of the landlord to have a tenant occupying the property rather than having it vacant. But having it vacant is better than having a 'bad' tenant - there are plenty of horror stories. As a landlord, you don't have a lot to rely on before you let some occupy the property so how the tenant behaves leading up to signing the agreement is important.    I have had other issues with the agent which I didn't want to elaborate here that led me to terminate the contract as soon as I rejected this tenant. But ultimately the law is law and if my interpretation regarding the 2013 Regulation is correct, this should be straightforward and we don't even need to rely on the other clauses. I'll see how it goes.
    • Just because criteria won't agreed in writing, doesn't mean that there are criteria and they are not to be implied into the contract. As I've said, you have to give your contracting partner reasonable opportunity to complete their side of the bargain. If you employ a builder to build a wall and they start work, then you have to give them a reasonable opportunity to complete. Here you have an agent who apparently has found a tenant and the tenant has satisfied the reference requirements. You keep on saying that they were transparent – but you haven't told us what that means and the most important thing is that you might have to explain that to a judge. I'm afraid so far the impression one gets is that you are simply trying to escape a commitment – even if it is for the best of reasons. I see that you disagree with me. Well that's fine. It's not me that decides the outcome. I think that you are in difficult terrain in respect of your first grounds of objecting. I think that the unfair terms provisions are far more useful to you and are likely to have some success. Once again, your only answer to this is that a tenancy contract haven't actually been signed. Once again I say to you that all of the practical conditions for the contract to go ahead had been satisfied but on your hunch you then prevented the agent from completing their side of the bargain. I think that you are going to have to find a reasonable settlement. I don't think it will be very much – but you are certainly going to have to find a reasonable settlement – and if the agent objected, as well they might, at least you can then demonstrate to a court that you at least have attempted to act fairly and it is simply the agent who is being unfair. I don't think it would be too good for you if a judge came to the conclusion that the agent was trying to cheat you – but you also were trying to cheat them, for whatever reason. I don't thing I can say anything more  
    • Well I think it would be prudent to check them. I found several warranty details for your make of laptop but not UK. Surprisingly, they only say that they will repair defective parts and there is nothing as to what happens if the unit is not repairable. I suppose that being Acer, they have access to all the parts needed – in principle – and they reckon they can repair anything. Double check and see if you can get access to the warranty. Also, you need to decide whether you are prepared to issue a small claim. If you never done it before then read around this forum about how to take a small claim in the County Court. It's quite straightforward but you need to know the steps in advance. Once again, don't expect this to be sorted out by 18 December. I expect that you won't even have it sorted out by February – unless they suddenly react once they receive the court papers and move themselves. Of course you could say that by February the thing will be repaired anyway – but actually you don't know that. It could go on very much longer and at the moment I think you are being led around by the nose
    • As far as I remember and by looking at the receipt, it was already included in the price of the laptop.    Regarding the terms and conditions, I have no idea where to look for them. I might ask my mum to see if there is a mini book that came with the laptop and might contain the terms and conditions
    • But there were exceptional circumstance involved, they must count for something 
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You started off this thread by asking us if you had a chance of success.

i'm afraid that your chances of success don't only depend on the initial story but they depend on the documents that you have sent and how you have presented your case.

as you seem not to have kept copies of anything that you have sent and so we are unable to understand exactly what you have done or how you have presented your case, we aren't able to make a judgement on your chances of success.

I hope you won't mind me saying but that your litigation style so far doesn't really bode very well for you.

 

we can help you and we can get you back on track and we can put you in a powerful position but I think that you're going to have to deal with things in a far more business-like way because at the moment you are treating it very casually.

 

i suggest that you begin by contacting the courts and getting a copy of your claim form. That would be a good start and we can see exactly what you said, and advise you on whether it is good enough or whether there should be changes and also on how it is likely to run.

 

I'm afraid the I'm not sure what else we can do until that happens. in the meantime, start reading up on how to take a small claim in the county court. We have lots of information on this forum. It's not difficult but it is worth knowing the steps so you have confidence.

 

also, read up on the hermès threads here so that you understand the way that things normally happen.

 

However, as I have already suggested, I think you need to start taking more seriously than you have done. There isn't a large amount of money at stake but it is better that you win it than you lose it.

 

you have done well to start your case and to decide to take action. Many people don't. However, you really aren't dealing with it at all efficiently and I think you need to change your attitude.

 

Contact the court tomorrow and get a copy of your claim form emailed to you and then post it up here

 

 

 

 

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OK.  It is highly likely that you will get your money back and the recording will have helped you.

 

The way that Hermes work on these cases is that they normally try to stall you and to test your resolve.

 

If it goes the normal way, they will file an acknowledgment of service within the 14 day limit and that will then buy them a further 14 days.

Towards the end of the 14 days they will then file their  defence. At that point you will have to make a decision whether or not to pay your further fee in order to go on to have a hearing. For the value you are claiming the fee will be about £80 although you need to check the county court website to be sure.

 

In their defence, Hermes will have indicated that they are prepared to go to mediation. Please read up what we have to say about mediation. Hermes will treat this as an opportunity to try and beat you down and to reduce the amount that they have to pay you. as long as you stand by your guns, they will eventually back down and they will pay you your entire claim including the fees in order to avoid going to to a hearing.

 

It is in respect of the mediation  the recording that you have will be helpful. Let me say that Trading Standards are wrong because in terms of establishing any legal right to the money, the recording is not relevant although it might sway a judge in your favour.

 

The real issues here are that you entrusted Hermes with your property for a fee and they breached the contract by their negligence and damaged it.

 

Frankly you didn't need to insure it because customers shouldn't need to insure against the supplier's negligence - but you did get insurance and that will place extra pressure o Hermes to settle for the full amount.

 

The other element which concerns me is that Hermes now take it upon themselves apparently to destroy other people's property when they themselves have damaged it through their own negligence.

I don't think that they have the right to do this and it is very easy for them to try and avoid liability of losing something by then saying that it was damaged and so they destroyed ir - and without presenting any evidence of the damage or of the  destroying of the item.

 

Hermes are disreputable and people should avoid them.

 

Please read up on the Hermes threads and about small claims in the County Court and about mediation.

We will be happy to help you all the way but I would point out to you that you have made 17 posts and taen up a considerable amount of useful time simply trying to get you to tell us the story and to post up some important documents.

It was all so unnecessary.

 

I have read your claim form but it has now been hidden in order to protect you as you had left your personal details on it.

 

I suggest that you redact documents in the future.

 

Feel free to ask questions as you go along.

 

By the way, the 14 day period runs fro the date of deemed service of the claim which is about   2 days from the date of issue.

 

You issued on the 27th.  So count 14 from the 30th.  Monitor the Moneyclaim site closely and apply for judgment the moment it lets you.

You never know, there is a remote chance that they may nor file an AOS - very remote.

 

There is also a remote chance that they may pay you out in order to get you to withdraw the claim.  The recording may have helped if they do.

 

Keep us updated

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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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