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By BankFodder · Posted
The answer is that if the defect manifests itself within the first 30 days then you can reject the goods outright. The assumption is that the defect existed when they were supplied. You must assert your right in writing. So email them and then also confirmed by recorded delivery letter – as they don't seem to be responding – referring specifically to the consumer rights act 2015 and say that you are rejecting the items and you want to know what arrangements they are going to make to collect them, and to reimburse you. Make sure that the letter refers to the email and that it is a confirmation of your email of that date Do this straightaway. How did you pay for this item? I suggest that you don't return anything yet. Send the letter and email that I have suggested. -
Thanks dx. Are there any previous examples/templates for requesting them not to email me? If not I'll draft something and ask for feedback here, but I don't know if there's any specific laws/regulations I need to reference or specific content that should be included. -
By BankFodder · Posted
Okay – thanks. Just checking that when you eventually issue your claim, they won't be able to point at data which has already been supplied against some other SAR. -
As per the title really. I bought "Men's Pro Team Winter Tights with Pad II" for £175 and they arrived on 8th Feb. I wore twice and washed immediately after wearing. I then saw that the stitching had come undone from the seam significantly, unravelling up the leg. They are no longer fit for purpose in my opinion. Am I entitled to a full refund? From my initial research it would seem if I return them within 30 days of receipt I may be, but I am unsure as they did not arrive to me faulty, but after I wore them. Nevertheless, is this not 'unfit for purpose'? I contacted Rapha via email at their customer services and enquiries email addresses, as instructed on their returns/faulty goods webpage on Monday 1st March requesting a full refund and a process to follow. Having received no reply, I contacted them again yesterday on Thur 4th March, advising them that i would return them today if I did not receive a reply by noon. I have received no reply and their 'returns process' will not provide me with a returns number/authorisation unless I agree the item is unwashed and 'as new' i.e. saleable and unwashed. I plan to return them to Rapha at my own expense and push for a refund. Do they need to comply? They state on their website they may return non-saleable returned items without refund/exchange. Advice appreciated, thanks.
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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 ***
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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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