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    • Hello guys how are you. I have just got off the phone to the mediator. The garage who initially changed the turbo are saying that I haven't suffered a loss of £480. (Cost of labour to renew turbo) The only loss I have suffered is the £185.01 I had to pay the independent garage to repair the turbo. They said a gasket can go at any time. ( In this case almost immediately after I drove away after the repair) and that I didn't follow the complaints procedure.   Mediator says if it goes to court I have to prove a loss.   And the £185.01 is the only loss...   The initial garage said they would pay the 185.01 and my court fee, I'm not sure what to do, this is what I wanted in the first place but I've had to come here to get it.
    • https://www.independent.co.uk/news/uk/politics/labour-jeremy-corbyn-suspension-court-b1793627.html Labour attacks Jeremy Corbyn for ‘wasting time and money’ after court defeat over suspension from party "Party to seek to recover legal costs from its former leader – in new deterioration in relationship"   Hopefully Carbuncle will now just *** off. Fat chance Perhaps the Labour party should just take a leaf from Corbyns own book and deselect him and force a by-election?
    • Piers aint that bad (recently amended opinion)  
    • It looks as if you have been completely ripped off. I'm sorry about that but frankly I don't think there is much you can do – and believe me, it is not often that I say that on this forum. I think it's fairly clear that there has been a deception here and although it won't help massively, I would suggest that you report the crime to the police. They will try to say that is a civil matter and you will have to stick to your guns and say that no there's been a deception, that this man is selling cars in an unroadworthy condition and probably he is committing tax fraud offences as well. I'm afraid that there doesn't even evidence that you have the correct name. It seems entirely possible that such a person simply doesn't exist. I don't see any point in beginning a legal action because if you don't even have the correct name for this dealer, then a judgement recorded against his credit file will make absently no difference at all and you will simply incur the costs of bringing the claim. I doubt very much whether he would bother to respond to a claim or to put in a defence. If he did put in a defence then if you wanted to move on to the hearing stage you would have to pay another fee and this would simply put you even more out of pocket – probably to the tune of about £250 or so – and as it seems very unlikely that you could ever enforce the judgement, you would never get any of this money back. I'm sure you feel very bad and very upset. The only other thing you should do is start going around the review sites and putting up negative reviews about this person and his business – and business names. At least it will put other people on guard and you never know, you might stumble across other people who know more about him and actually know who he is. If you do decide to inform the police then you should tell the police that he is trading under a false name. In terms of your car, I'm afraid that the only way I can suggest to cut your losses is to have the work done. It means that you are £1000 down on the deal – but at least you will have a driving car. However, before doing that I would have the car thoroughly checked over to make sure that there aren't any other defects which are about to materialise which might eventually make the car is simply not economical to repair. You said that there was an MOT certificate in the glove box. Is it a recent MOT certificate? Are you able to speak with the previous owner at all?  Cagger @Daniel Hanson who has also bought a vehicle from the same person may be able to help you in this respect. It seems that he has been lucky enough not to have any problem so far with the car that he bought. I think at the very least, the lessons to be drawn from this are: Don't purchase a used car – or any car from a dealer who is far away from you make sure you check the car yourself make sure that the dealer is well established and do some research on forums and review sites for negative reviews and positive reviews. However, be suspicious of positive reviews. Don't pay cash/bank transfer. You lose all control of your money. Insist on paying by credit card or debit card and if the dealer won't accept it then walk away. Ignore warranties. They are meaningless and they are simply a red herring intended to distract you from your statutory rights. However, as you are discovering, even your statutory rights are meaningless if you are unable to identify the dealer and if you are able to identify any assets belonging to the dealer against which you could enforce judgement. Please do let us know how this develops and if you are able to track anybody down. As I say, I think you should certainly inform the police – but it will be a hard job to get them to take notice because they will simply try to say that it's a civil matter and there is no evidence of a crime. You will have to push hard.
    • That is one mean spirited individual, looks like what a Dickensian female Workhouse Beadle would look like.
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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
      • 31 replies

Hermes & Packlink once again. Tampering **Resolved**


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Nov 5: Sold iPad on eBay for 220 GBP, used eBay Packlink as it was recommended by eBay.

Nov 6: Handed parcel over to the local shop. Parcel included iPad in its original box. Got proof of postage.

Nov 9: Parcel received by buyer - after opening he realised he received a Jaguar/Landrover car part instead of an iPad. The packaging I used with the correct label was opened and the item was replaced.

Nov 10: Filed a loss claim and started a tampering investigation with eBay Packlink

Nov 25: Received response from eBay Packlink, confirming tampering, approving a refund of 25 GBP + 2.89 GBP postage fees.

 

So, after accepting that they have thieves running criminal operations in their depots, (stealing iPads and Macbooks as I've read from numerous people in this forum and elsewhere) they decided to compensate me for 25 GBP. This is way off the original value of the item sent, which was sold for 220 GBP.
 

I am seeking help on the next steps I should take to recover the remaining funds. Please let me know if I need to share any other details.

 

The poor buyer received a useless car part (he provided pictures) and in theory shall be refunded. This leaves me with around 200 GBP out of pocket and a huge willingness to take any legal avenue that will enable me to get compensated and create problems for those scams.

 

Any help will be appreciated.

 

Kind regards

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The first thing to say is that you better go ahead and refund the buyer because otherwise she will end up getting negative feedback as well.

We will try and help you get your money back from Hermes.

Have you made a formal claim through Hermes and have they formally declined you and giving you reasons why?

Presumably the item was properly declared and properly valued when the delivery was booked. You don't say whether or not you took out their so-called insurance.

Please start off by reading around the sub- forum focusing particularly on the Hermes threats. There are lots of them. Get to understand the principles in respect of the arguments – the insurance element, your third party rights despite the fact that you booked it through Packlink. Have a look at other people's experiences of having sued Hermes, the process of issuing the claim, the defence, the mediation and have a close look at the advice that we give about how to handle mediation.

It's highly likely that you will have to issue claim papers so also read around to understand the steps you need to take to bring a small claim in the County Court. It's straightforward but understanding the steps will make you far more confident about what you are doing.

Have you started a formal complaint against Hermes and Packlink?

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Thank you for your response.

 

No, I have not paid for any additional insurance.

 

What I have done until now is to raise a loss claim with Packlink. They have confirmed “the shipment as subject to tampering” and I got a refund of 25 GBP plus 2.89 GBP for the postage charge, which I’m waiting to receive.

 

So based on your suggestions I assume I will need to raise a formal complaint with Hermes now and update you once I get a response.


I have already started educating myself on the matter while waiting for a reply but I certainly have a long way to go. I am wondering how it is still possible for Hermes to be operating in the UK having created similar issues to so many people. I would have never thought items go missing like this.

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Have you actually accepted the Packlink offer?   because of you have it may be that this is in full settlement

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Well, I got the 2.89 automatically in my PayPal account.

 

Regarding the 25, I didn’t find any process of accepting or rejecting but I had a couple of back and forth emails with them (Packlink).

 

I responded saying that this amount is well off, which lead them to inform me about their enhanced insurance which I didn’t get. I responded back that it would only make sense if it wasn’t their liability. But since they confirm that they essentially didn’t provide their normal service of taking a parcel from one place to the other, they are liable. I haven’t received any more replies yet.

 

All this happened today. After this, I searched online found the forum here, I registered and shared my experience in an attempt to start the procedure properly on the right track.

 

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Yes you should attempt to make a complaint to Hermes and give them about 14 days or until you receive a letter declining responsibility – whichever happens sooner.

How did the £25 arrived from Packlink? Did it simply arrive automatically in your account? If it did then you should write to Packlink make it clear that although they have paid the £25, it is not acceptable and you still hold them liable and that if they want the money back then they can have it, but you will be proceeding for full reimbursement

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I'm sorry, we can't read that. And I have a fairly large screen.

Please could you scan your documents into PDF format and post them up that way.

Thank you

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Well that's very unusual and it's a very rare occasion that Hermes have acted responsibly and in a customer-facing way.  And you didn't even get their so-called insurance.

 

In fact I see that the refund has ostensibly come from Packlink.

Excellent. Well done. I'm pleased you got your money back.


Thank you for updating us
 

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  • BankFodder changed the title to Hermes & Packlink once again. Tampering **Resolved**

Very unusual indeed, not sure what made them go this direction but I am very happy. Mostly for the time saved!

 

You are a hero and what you and other site team members are doing here, is restoring our faith in humanity. Bless you!

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Well don't worry too much about the blessings, in fact you can keep the blessings but a little donation wouldn't go amiss 😄

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