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    • I purchased an item costing approximately £3000 from an online retailer. The item was sent via Royal Mail Special Delivery. The item never arrived. Tracking shows as delivered with a signiture and printed name which is not mine. I informed the retailer and they in turn informed Royal Mail who started an investigation. After the investaigation Royal Mail said the item was delivered to a house number opposite me and that I should check with them. I checked and nothing had been received by that neighbour. After this the reailer initiated a claim with Royal Mail. It has been 5 days since then and I have not heard back from the retailer. My question is: Legally, do I really need to wait for the Royal Mail claim? As far as I see it I have a contract with the retialer. I have paid them money and they have agreed to provide me with goods. I have paid my money but not recieved the goods. The Royal Mail aspect is nothing to do with me and not my problem. Am I correct in this thinking?   If so, what should I do?
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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
      • 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

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We ordered two sofas

after 5 months and two call outs they were deemed rubbish.

 

Reordered new sofas over a year ago.

Repeatedly calling as they went into administration to be told its still coming. 


After 5 delivery dates and half of an order delivered (a half two seater and half a three seater YES You read that right)

we were told today, two weeks after inbred sofa turns up

that the order has been cancelled and we should dispose of the useless sofas.

 

Oh also you have to keep paying the finance on the sofas you have not and will never receive. 


how is this even legal? 

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it's not.

 

who is stating keep paying?

the separate finance co?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Harvey’s have told us we have to keep paying. Bensons for beds told us we would get a refund but apparently they are wrong. We are waiting to hear back from the finance company but Harvey’s also said we would likely get the same reply as the contracted payment is with creation 

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well that's is not correct

when did you first report issues and when did you sign the agreement with creation (who will state anything to keep you paying)

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We probably signed it around Oct 2018 On the original sofa we received back in jan 2019.

Harvey’s agreed to replace that one as it fell apart within months

 

the replacement was on the same agreement which we ordered October 2019 

We have around £900 outstanding on the finance. 
 

 

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Well it sounds like a breach of contract which has substantially deprived the purchaser of the entire benefit of the contract – which amounts to a breach of condition which means that the contract can be treated as terminated.

After that  section 75 consumer credit act

 

See if there has been any communication with the finance company. Send them an SAR – do it now.

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Were the finance company aware at the time it happened that the original 2 sofas, which i will assume are specifically detailed upon the credit agreement signed with creation, were deemed faulty by the retailer under some form of warranty and taken away with a promise to replace them?

 

you need to be clear that there are two things here..

a supply contract with the retailer, harvey's now Bensons..

a credit agreement with creation 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We never spoke to creation until Harvey’s went into administration.

 

All I know is that they wrote the sofas off and we were told to go to the local Harvey’s to pick out a replacement.

We went and picked out the new sofas and were told that they would just do a straight swap 

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29 minutes ago, Tezandy said:

We never spoke to creation until Harvey’s went into administration.

 

All I know is that they wrote the sofas off and we were told to go to the local Harvey’s to pick out a replacement.

We went and picked out the new sofas and were told that they would just do a straight swap 

 

harveys went down june this year, 

 

and who are they above?

 

sorry for all the questions but its very important to know who to fire arrows at and what type of arrow 

more to come but answer the above first please

 

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

It was The repair team that do work for Harvey’s. They had to come out three times in the space of four months. After the last visit in august 2019 Harvey’s contacted us to say they would replace the sofas

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so from august 2019 till june 2020, when harvey's went bang, you did nothing to chase this up?

then you wrote your first letter to creation, the finance company?

 

sorry i must say this story is getting mighty confusing..for want of a different word. 

 

so how did this ultimately end in benson's getting involved?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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We picked the new sofas out in 2019 we did not need to contact them as we knew delivery wouldn’t be until March as we were told there was a delay.

 

We then got told due to Covid it would be pushed back.

Then they went into administration and we were told because of when we placed the order it would be honoured.

We then got given delivery date after delivery date over the space of another 5 months.

 

We got told it was cancelled today and we would get £81 back that was paid In store by card and that we won’t receive any money paid over finance and we will not be getting the sofas 

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ah hang on.

you are now saying:

 

29 minutes ago, Tezandy said:

that we won’t receive any money paid over finance and we will not be getting the sofas 

 

which means, nothing more to pay , but you won't be getting your money paid to date back under the agreement.

which ofcourse bensons have no power to refund anyway.

 

however earlier you said:

 

5 hours ago, Tezandy said:

Oh also you have to keep paying the finance on the sofas you have not and will never receive. 

 

so which is it?

 

no ....you should not have to keep paying.

no ...you should receive back any payments for any months you neither had useable sofa or no sofas at all.

 

that would as BF pointed too.. be under a section 75 claim under the Consumer Credit Act against Creation

though they are going to wriggle like made

though i doubt to date you even knew this existed, nor said anything akin in your complaint? letter to Creation to date?

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

As far as we have been told by Harvey’s we will not receive a refund and we have to keep making payments to creation for the sofas

 

we won’t receive an answer until we have spoken to the administrators of Harvey’s of which we cannot seem to get a response from.

 

I don’t understand your “oh hang on your now saying”

 

are you implying I lied or told a different story

I just haven’t repeated my post word for word for each response.

 

People come here for advice and help not to be talked down to.

 

Waste of time signing up 

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harveys are not the creditor, so them stating you should continue to make payments and you will not receive your payments back is immaterial.

 

the administrators of harveys are not your target. creation finance are.

 

6 hours ago, dx100uk said:

no ....you should not have to keep paying.

no ...you should receive back any payments for any months you neither had a useable sofa or no sofas at all.

 

 

these issues should be directed toward creation under p'haps a section 75 claim ....as they are the creditor ...they are equally responsible for the actions or inactions of either harveys or bensons.

 

we can appreciate you have had the usual run around, we are not indicating you have lied, merely pointing to the fact that you innocently believed what you have been told to date.

 

go get your moneyback and get the finance agreement cancelled.

 

dx 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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