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    • Right.    The law says that when you are asked to provide the driver's details you have to use "reasonable diligence" to find out who it was. The diligence you are required to use only begins once the request is made (this is covered in the case of Atkinson vs DPP). So it cannot be held against you if you did not obtain his details before you allowed him to drive the car.    I take it you provided the police simply with his name and address? If you are to defend this successfully you must convince the court that you did everything that was reasonably practical to identify him. But it seems you already know who it was. It just happens he seems to have disappeared.    You can understand the concern of the police. If it was so simple to just name somebody as the driver and you know that person, even if he was genuine, could not be traced, then everybody would do something similar. You have a simple choice to make: you can defend the charge against you on the basis that you have provided the details required, or you can plead guilty for failing to do so. It should not be in dispute that you provided the details; the matter for the court will be whether they believe they were genuine or not. If they do they should acquit you. It is not your responsibility to trace people who are accused of offences but who have since disappeared.   Personally I don't rate your chances of success too highly. You only know him as a "friend of a friend". At the very least you should have checked that he was insured to drive your car. That is something a car owner definitely must do before allowing another person to drive their car. If you had done that (say, by seeing a certificate of insurance to prove the cover) you may have been able to take other details which would help you convince a court hat the person was genuine. As an aside, if the driver was traced and it turned out he was not insured you could be prosecuted for permitting  him to drive your car uninsured (an offence which carries six points).   The outcome if you are found guilty at trial will be a fine of a week and a half's net income, a victim surcharge of 10% of the fine, six penalty points but, most significantly, prosecution costs which will be in the region of £600. If you plead guilty to the offence the fine will be reduced to just one week's net income and the costs will be £85, but six points will still be imposed.   The speeding matter is a dead duck. You were not driving, you have told them you were not, they obviously have no proof that you were so you cannot be convicted of that offence.
    • @defender90 welcome to the forum and it's very interesting news that new say that you have evidence. Any chance that you might start your own thread and tell your story there. We may be able to offer you help – but more importantly, the more threads there are with the name and the business name et cetera in the title, the more likely that Google is going to pick it up and that may attract others. Would like very much to know what the evidence is that you have 
    • Bum deal on Covid tests   https://www.euroweeklynews.com/2021/01/27/bum-deal-chinese-health-authorities-begin-anal-covid-swabs/
    • Hi guys.   Ok - so since I was last here I have set up a new basic bank account, which my salary and priority dd's will come out of from March.   Just wanted an opinion on a couple of thoughts I've had -   1) I have just agreed with my mortgage provider a 3 month covid payment holiday, which will help for the short term - however, I have an overdraft is with this bank. Am I causing a problem if I contact them now about my financial situation, or should I leave it until the holiday ends?   2) My salary has recently come down, which is a contributing factor to my plight - However, my income over the last few months will not reflect this. On my budget sheet, I have put in the new ongoing i and e.  Is my bank likely to turn down my request of freezing interest etc. on this basis? They can see what has been coming in and going out. I'm concerned they'll think I've been creative with my income sheet?! Or can I simply refer to this new situation in the pro-rata letters?   Thanks again.   A  
    • Hello Taxhelper   Thanks again . Your so kind and Im very grateful.   I am about to submit the form in the next few hours. Before clicking the submit button there is a calculation page that has been generated by the site based on the info I provided ( income from PAYe and income from self employment etc...with all expenses deducted). their calcs are correct.   The figures are correct and I do owe them a sum as well as 1st payment on account for 20-21. I just am not sure I can pay the lot by 31/1/2021 because I did not anticipate that the hospital may not be able to pay me on time ( my jan pay). Thats because I did submit my 'timesheet' to the HR on time but they delayed processing it in time for it to be paid by the end of this month. They have said they have asked for an exceptional CHAPS payment to be made but I remain uncertain whether they will pay it into my account by then or not. thats why i wasnt sure if its best to call HMRC and give them the heads up or not.  
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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

JD Williams online account hacked


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I received two order confirmation emails last night from JD Williams, presumably charging them to my credit account.

 

I have not placed these orders. One (for a pack of men’s socks so obviously the test order) has my address on the delivery details, but the other order is for 3 pairs of trainers, with a London delivery address added.  

 

i immediately changed my password for the account and have used the customer messaging facility to request the orders are immediately cancelled.  I will try to phone this morning though I expect this maybe difficult at the current time.

 

if the London order goes through, surely I will be protected and not be charged; could you advise please?

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Contact their customer services backed up by Email that the orders were not yours should be cancelled, and you have changed password etc, save any email response, and if phoning record the call.

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

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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You should read our customer services guide and record all your calls.

Secondly, if you have a payment card configured in their system then you should delete it.

Keep an eye on your account and also keep an eye on your bank account. If a payment goes through to your bank account then you should challenge immediately – and it would probably be a good idea to phone your bank anyway and to put them on notice that there is a possible fraud.

Frankly it would be a good idea to get a new card with a new number from your bank.

Please let us know if anything actually happens and if you have any problem dealing with these people

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Gillyh

 

I would change your Email address too, if your account has been hacked....

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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Thank you all for your help - I’ve made a separate contact to their investigations team, as the responses I received from both their online contact form and by speaking to a customer services assistant weren’t appropriate; I had to point out it was fraud and should be escalated. Disappointing and worrying that it wasn’t taken seriously.

A wake up call about changing passwords regularly that’s for sure, I’ve spent most of today doing just that.

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