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By DontLetThemDoIt · Posted
Thanks DX I actually knew that from reading other threads on here i just didn't realise that amount of time had passed already (weeks seem to pass so fast since covid). Do they ever apply to lift the stay if they find any documents? -
The real issue with VM is they're so totally rubbish at dealing with problems. If OP cancels the DD, it'll lead to major problems that will take major action to resolve. This can be done but it'll be a huge undertaking. See this case when you have time to read it - https://www.consumeractiongroup.co.uk/topic/428408-virgin-mystery-extra-line-2-judgments-for-data-protection-breaches-so-far/ So I strongly suggest OP does NOT cancel the DD for now, for various reasons. Having now looked at OP's contract PDF in post #5 above (which I've only just seen), just do the same as I did in post #9 above and do what I did saying :- You confirmed only 3 months ago that my contact would cost £29.00 per month until 13/7/22. You need to honour this to ensure I pay no price increase. Otherwise I will take this as a formal complaint to your CEO Lutz Schuller, about Virgin Media's CS Reps being unwilling, unable or unauthorised to make decisions to correct VM account pricing errors. Any amount overpaid so far due to a higher DD being taken should be refunded urgently. Do this by phone and let us know how it goes. -
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By brassnecked · Posted
he's had covid, he's had his vaccination so likely feels INVINCIBLE, plus as an old Etonian, he thinks rules are for plebs not the High & Mighty like him.. -
By DontLetThemDoIt · Posted
I received this letter from Mortimer Clarke today: "We confirm we have received your defence. We have referred the content of your defence to our client for their comments, we will come back to you as soon as we have our client's instructions. This may take some time, especially if our client needs to go back to the original creditor for information and/or documentation to respond to your defence. In the meantime, the matter has been placed on hold and no further action will be taken. Yours faithfully Mortimer Clarke"
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Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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 ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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UPS delivery - Not at home for delivery and now UPS have lost/stolen my iphone!!
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