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    • Much to the disgust of many on here, I have one of these policies. It is described as 'D&G Appliance Care'.   I don't think that is ambiguous.   H
    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Ok so here is my revised draft :  Any thoughts please....   PCN – Date/time of contravention- 10/11/20 : 15.03 Date of issue – 20/11/2020    Dear Will & John.   I must admit I was in awe of receiving a letter from your esteemed law firm thinking what have I done to deserve such an honour. Perhaps you have discovered a long lost relative has left me a fortune in a will and I could give up work to pursue my love of goat farming using the money to set up a small holding in the outer Hebrides producing fine cheese and goat hair sweaters. Alas no! In bold letters it stated Letter before action almost if one had to get ready for battle and my power ranger pyjamas will have to be on a boil wash first before I can even think about action. Anyway I digress after further research I discovered this is in relation to some parking shenanigans of which I have no knowledge of  and for a place I've never been to so as the private parking world's best solicitors you should be aware, I know that you know a case isn't going anywhere on the facts as presented. I may add that that not all is lost, as I used your letter to line the cat litter tray. Mr wiggles is most pleased with his firm and absorbent lining beaming happily away as he does his cat business before securing a warm spot in front of the fire as we sit down to watch cash in the attic. Good luck with the soliciting business I hear it can be quite lucrative. P.S – it is uncle Herbert who apparently left a fortune so if you do come across him please let me know…   Regards Mr …..      
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    • I have added the attached [Arguments] So my first 6 pages should hit home, especially with the judge.. Its a big document, but hopefully he wont need to go past Exhibit 06. After that, its all downloaded cases &  etc..but all relevant if he needs them..     Arguments.pdf
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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
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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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Online Purchased an item for £99 good value  and in stock

Paid for Item in full for delivery by return

email received there had been an error with stock, delivery would be 10-12 weeks

email stating they would have to refund my money as their supplier could not honour the price

email refund being made as there had been a pricing error

item now back in stock at £320

this all happened over a period of 4-5 days

is this an instance as they took my money they have to honour the price as it is a contract????

FS

 

 

 

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You haven't told us who you bought the item from – are you trying to protect them?

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Are you referring to furniture people or to wine and spirits people?

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I can only find Oak Solution. https://www.oaksolution.co.uk/

This is the one?

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Yes this is company concerned if you check, Pine and range Aylesbury dressing table, which is the same design as a desk now listed at £259 in stock

FS

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Well that only took us three hours or so to find the correct name of the company that you were dealing with.

I suppose they want to rely on this clause in the terms and conditions

Quote

5.2 The contract shall not have been concluded until we have completed all of the following steps: we have received your valid credit card charge or debit card payment details or you have paid by bank transfer, we have accepted your on-line order and sent you confirmation of receipt of your order by return e-mail to the address you have given us during the registration procedure and upon completion of the above steps we have dispatched your order to you.
 

 

https://www.oaksolution.co.uk/terms-conditions#terms-conditions

 

How much of the above contractual term actually occurred?

 

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BankFodder many thanks sorry about delay, all 5.2 complied with paid in full, order number issued and confirmation email received, the only part not complied with is the dispatch of orders.

Is that enough to cover their backs?? To date I have not contacted them 

FS

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Well generally speaking when you see contractual clauses like this, they generally reckon that there is no contract until the item has been dispatched – but this goes hand-in-hand with the fact that the payment card has not been debited so they don't have the money.
I have a sense that that might even be a rule which is imposed by people like MasterCard and Visa. Maybe you can check that out for us.

Certainly, the fact that they actually had your money provides a good basis for arguing that there was a binding contract at that point and to reserve to themselves a situation where they can have your money and later on renege from the contract – on any grounds at all, strikes me as being unfair and possibly unenforceable.

How long did they have your money for? How did you pay the money?

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they had my money for 48hours and I paid by Visa Debit card.I will double check with the bank to see if it appeared as a Pending Transaction which is a service offered by the bank

Will come back to you

Thanks

FS

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It would be particularly helpful if you found that you had been charged some interest or something on the amount taken from your debit card. Nearly a pending payment is probably not going to help you. An actual payment might be helpful

We've crossposted. Are you telling me that you still haven't had your money back?

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Posted (edited)

Yes the Actual Payment has gone through my account and appears as a debit, gone past the pending stage, no sign of refund yet.No interest involved

FS

Edited by firstship
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So how long have they had the money for now?

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Okay, well in my view there is an argument for saying that they are bound by the contract and that aspects of that contractual clause which I posted above are unfair.

Normal practice is for these companies only to debit your card on dispatch of the item.

It's up to you now how much trouble you want to make about it. You could start a small claim although they might put up a fight and your chances of winning are may be no better than 70%. These are not my preferred odds – it is certainly not slamdunk.

If there is somebody on the other side who are sufficiently robust that they prepared to stand their ground because they take the matter personally, then you have a fight on your hands.

Your risk factors would be your claim fee and also the hearing fee. You will have to check on the courts website to see what these are.

If you wanted to bring the claim then I would suggest that you should act straightaway and write to them telling them that you want your item and that they are contractually bound because they have taken your money.

If they hadn't responded or if they haven't responded positively after seven days then I would send them a letter of claim giving them 14 days.

I know that it's a reasonable chunk of cash, but I think there is a questionmark over your chances of success – but if you want to give it a go then we will help you

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BankFodder.

Many thanks for your trouble and the advice which is very helpful, I will give your points consideration today, should I decide to challenge them I will keep you informed.

Thank you

FS

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