Jump to content

  • Tweets

  • Posts

    • No the first LBA was delivered by royal mail, but I responded by email, sorry if I didn't make that clear.   I look at redacting the emails tomorrow, got to get some sleep now.   Thanks
    • ok well that changes things alot. you've accepted one before by email  and now they are doing it again ..   might have shot yourself in the foot until now lets get some 1st aid done.   gonna be a pain to redact but i'm gonna need to see all the emails in/out please in ONE MULTIPAGE PDF from/inc  date of their last PAPLOC   redact them properly !! read our upload guide carefully   you may  think this is immaterial, but its not, esp important is their and your exact wording
    • OK I've looked back at my emails and it appears I've been dealing with shoosmiths since the start of 2019 when they sent a LBA that I'd totally forgot about.   I replied that I didn't recognise the debt and we got into a big letter tennis over the facts.   They then went quiet and then contacted me again in April 2020 asking for income and expenditure details to work out a payment plan with them.   After I responded with my covid comments they went quiet again.   And now they are back with another LBA and I haven't responded to that.   Hope that clears it up. 
    • you are not being consistent here....   when did you last reply to any of them using email please
    • No, they contacted me in April 2020 not long after covid had hit the UK, but before any government support was announced.   They knew I was self-employed so I responded how I thought it was disgusting that they were threatening people with legal action at a time when many people like me were loosing their income and struggling to pay basic bills and buy food.    Looking back at it the only difference this time is the Letter Before Action, to ramp up the pressure to agree to payments, I assume.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

Location not as described and owner screamed that we are never getting a refund @emblefarms

Recommended Posts

I've just checked - I think that you must be mistaken ...😉.

I hope that the OP hasn't simply copied and pasted

Link to post
Share on other sites
  • Replies 62
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text messa

Dictation software?   ”you reneged” rather than “urinate” ??

They have replied and said to refer to their previous email which said that they would not be issuing a refund. So it is now step two. Perhaps I could respond with some like the following:  

You had better let me know what that is because I'm not aware of it. You may well be referring to a claim for a debt rather than a breach of contract.

Let me know what you are referring to – but probably the response will be that you should simply send the letter

Link to post
Share on other sites

good. In that case just send the letter. Make sure that you have registered on money claim online then you are prepared to issue the claim 15 days after the letter of claim has been received

Link to post
Share on other sites
  • 1 month later...

Dear Consumer Action Group, thanks so much for all of your help. The claim went to mediation and some of the points that you raised in discussion earlier in this conversation (i.e. that the text message constitutes an amendment to an existing contract) were particularly helpful and we negotiated a settlement through the mediation service of the courts. Donation to support your website has been sent. Many thanks again. 

  • Like 2
  • Thanks 1
Link to post
Share on other sites

Thank you for giving us this update. Many people don't bother.

I hope that the mediated settlement was satisfactory to you. Are you able to disclose what it was?

And thanks very much indeed for the donation. We need everything we can get.

Link to post
Share on other sites

In fact I just responded to you by email – that what would be very helpful even if you can't disclose the settlement here, would be if you would possibly give us some bullet pointed notes about the mediation and how it went.
I'm particularly interested to know if you came under pressure from the mediator to make compromises.
What with the various stages of the mediation?

I think this information will be very useful for others

Link to post
Share on other sites

Also, we would be very pleased if you could post up their defence – in PDF format.


Link to post
Share on other sites

The mediation went something like the following and I only felt a little pressure at the end in order to complete the mediation:

-      The mediator called me first, explained the process and asked me for a brief overview of the dispute. I gave a brief overview but also added a couple of comments as the defendant had put into their defence that they did not know that we had left the property and had accepted their offer – comments were to the effect that the defendant had responded to a couple of messages of mine in text demonstrating that they knew that we had left on the day. As a gesture of good will, I offered £350 instead of the full £450 to close the dispute.

-      The mediator called the defendant and they said that they weren’t prepared that amount as per their defence comments and were only prepared to refund £100 and to give £100 to a charity. 

-      I declined the offer. 

-      Defendant responded that they weren’t prepared to pay that much again. 

-      I stated that I had received legal advice and that their messages were in writing and constituted an amendment to an existing rental agreement. 

-      The defendant responded that they were prepared to offer £200. 

-      I asked the mediator to explain to the respondent that as I had their comments in writing that I would win in court and as the loser in the case the defendant would have to pay that amount, my expenses, time off work, travel expenses and legal fees. 

-      At this point the defendant brought up my Instagram comments about his property. 

-      I said that I would remove the comments if he paid the £350. 

-      Defendant agreed.

-      There were a couple of messages bounced between the defendant and I as to who would do what first. 

-      For the first time the mediator pressured me to move in a particular direction to remove my comments first and that the defendant would pay within 7 days (pressured that if I didn’t it would go to court and could take a year or more to finish).

-      I agreed to take down my comments first.

-      They agreed. 

claim-form.pdf claim-response.pdf mediation-agreement.pdf

  • Like 1
Link to post
Share on other sites

That should be all that you need there. FYI - I know that it's probably not the best way, but I have used social media to achieve a better outcome previously, as well as Trustpilot reviews in parallel with formal complaints through the financial ombudsman, and motoring ombudsman. I have also used the Action Fraud Police website to generate a complaint which then gave me a reference number to use to dispute a credit card transaction with the bank as I was charged for car rental insurance twice. You probably know all of this but just thought that I would post that in case. Good luck and thanks again! 

  • Thanks 1
Link to post
Share on other sites

So have you had your money?

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...