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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!
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • 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
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The school where my kid attend posted in their newsletter a photo of our car, in which they made an example of us for the wrong reasons.


They stated that some parents lacked respect to the community by blocking the road and park illegally, and they gave an example of us by taking a picture of our car with a traffic warden standing by. The school choose on purpose to use that information without verification, because we did not do that. I wrote the school asking for an pology, but I suspect they will not and I am exploring my options here, because this has caused us a lot of stress, many parents saw the news and came to us.


My question is there any merit for a case to be brought against them, and if so, what is the procedure and what should I claim.  I have been going to that school of about 10 years, but I suspect eh deputy headteacher is behind this, because of an argument I have had with him lately.




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In principle what you describe is certainly capable of being defamatory. It would be libel which is defamation in a written or permanent form. A defamatory statement has to be untrue and which is capable of damaging your reputation – and what you describe certainly seems to satisfy that.

The problem is bringing an action for defamation is difficult and risky because if you lose you could be saddled with the other side's costs which could be substantial.

I suggest that a better way forward would be to make a complaint to the school governors and also to the local authority education department. You might find that they are slow to react and that they prefer to drag their feet – but then a subsequent complaint to the local authority ombudsman might move them on.

I would certainly make sure that I had evidence of everything. This means that you should put together a detailed statement about the argument you had with the deputy head teacher. You should also start making a list of all the people who approach you and what they said. Your problem will be that if you then approach any of those people for statements, because they are worried about their own relationship with the school, they will realise that there is a risk that they might themselves find themselves in the middle of a formal dispute and it is likely that they will be very reluctant to help you.

The best thing to do is to start keeping detailed notes of what is said to you by people so that you have evidence of the difficulties it is causing you. In particular, if you find that anything is said to your child about this then I think it is capable of being put down as a form of bullying which is being facilitated by the school – possibly the deputy head teacher

I would be careful about actually pointing the finger at the deputy head teacher – as you have no evidence it is simply a suspicion. You definitely don't want to begin a complaint and then have it look as if the real purpose of your complaint is to have a crack at the head teacher and not really to undo any damage to your reputation.

I think you need to understand what you are asking for here. It is unlikely that you will be compensated unless you went to court – but I think that a full apology and a withdrawal of the allegation which has been suggested in the school magazine would be appropriate. I think it would be reasonable for you to insist on a formal withdrawal of the allegation in the next edition of the school paper.

Whether or not you ever manage to pin the blame on the deputy head teacher, will be difficult. I certainly wouldn't start making that your objective.


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Thank you for the reply, yes my intention is not to take them to court, but for them to withdraw such statement, it is signed by the headteacher, but she is currently away, and the deputy is acting on her behalf, I guess, I suspect it was him because of the an argument we had in which I told him that he lacked respect, also because we saw him approaching someone parking illegally the day before but him taking no action, so this is aimed at us.


I never mentioned the deputy explicitly, I am contacting the school directly without blaming anyone in particular.


I will contact the governor as you said, and may be the council, but they might be in it together and they have no interest to side with me. Ombudsman, this is a long way, the damage would have been done, but I might have to consider it ultimately.


There are no win no fee solicitor, do you think this is a good option ? My concerns are if it is not easy to prove my case, that would be like putting salt into the injury and rubbing it, but at the end of the day, the picture speaks for itself, and the article support my claim against them.


I am not sure from where they got the picture ( my wife is telling me it was a neighbour, two days ago ) so I am really fascinated how they can justify their claim ( us blocking the road ) without proper investigation and relying on other people account or pictures.





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  • Andyorch changed the title to Defamation

I suggest that you find out the identities of the governors and write a letter to all of them's, sending a copy to each. Send a copy to the head teacher as well. Also send a copy to the Department of education of your local authority.

This is not the kind of thing that a no win no fee solicitor will take on. There are no damages here to speak of – and you would want to get involved with the sister anyway.

Also, it would be worth finding out who took the picture and whether they consented to it being used like that. If they didn't then they could also be a breach of copyright

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Obviously I have no way of knowing the specific circusmtances of where your car was parked, why, or for how long so I don't know whether you were blocking the road or parking illegally. I do know that in general around schools this a major source of community tension.


Parents in my area regularly block the roads, park illegally, preventing access by the emergency services and local residents are unable to get into their own drives. Requests by residents to parents to move are often met by torrents of abuse from parents. Local councils frequently impose local no stopping zones at the beginning and end of the school day, deploy traffic wardens at those time (as seems to have happened here) and most recently in my area are blocking streets near the schools at school start/finish times preventing anyone without a resident permit getting within a half a mile or so of the school.


To be clear, I am not saying you personally did any of this, just giving some context as to why schools regularly send out requests to parents of the type your school has done. Did you find out who took the photo? Usually one of the senior staff goes out with the smartphone and takes the pictures. As a matter of interest did it show either your vehicle registration number or an identifiable picture of anyone sitting in the vehicle?


You also say the picture shows a traffic warden standing by your car. Did the warden ask you to move? Did the warden give you a parking ticket?


The next step you take is make a formal complaint about the contents of the school newsletter.  Every school has a statutory Complaints Proedure and it must be on the school's website. Download a copy of it and follow the procedures in it. There is no point in sending a complaint to every individual governor. You will just be told to follow the schools Complaints Procedure. Schools' complaints procedures can vary in detail but most are fairly standard. First your complaint will be considered by the Headteacher. If you are not satisfied with the outcome of that you can appeal to the governing body and a panel of governors (usually 3) will review the Headteacher's decision.


You cannot appeal to the Local Government Ombudsman because schools are outside the Ombudsman's remit. The Ombudsman has no power to consider complaints about schools and their internal management decisions.


Neither does the local council.


I am not a lawyer but for what it is worth I do not believe you would stand any chance of bringing a successful claim for defamation. You would have to prove that the newsletter had caused "serious harm" to your reputation. I cannot see how you have suffered such a high level of harm.

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If you are absolutely certain* that you were parked OK, write a letter of complaint to the Headteacher and copy in the Chair of the school governors.


If you or the car were identifiable in any way from the photo (eg visible registration number, driver's face etc) I would very politely write that you resent the untrue suggestion that you had parked/had stopped/were waiting in a way that contravened any traffic regulations, and that you are sure that the school will understand that you would like an apology and a correction to be printed in the next newsletter.  (You can also clearly state that you were identifiable from the photo because other parents have mentioned it to you).


See if that works.


You don't want to go to court for defamation as you'll need access to about £10k in fees before you get out of bed.  You just want an apology and a correction.  If what you've told us is accurate, I don't see any reasonable school failing to say sorry.



*My wife is a former school governor and my experience listening to her is that very very few parents actually understand the meaning of the no stopping/no waiting signs and road markings outside schools.  Don't complain unless you are sure you weren't stopped where you shouldn't have been.

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The fact is, if you were parked where you shouldn't have been, it's not defamation as the ultimate defence to a defamation claim is that the statement or implication is true. You mentioned that you had an argument with the head of the school recently, was that to do with parking by any chance?

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