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    • Hi,   Rather stupidly I sent the form back to the address at the bottom of the claim letter. The cheque has still not been cashed either! Realizing my mistake, I wrote to the correspondence address they gave, refuting the debt on the grounds that they had not complied with a CCA request. I enclosed a PO for £1 and didn't sign anything. Is what I have done sufficient, or should I ask them for a new form.   H
    • So we understand that the original purchaser and the original dealer are no longer in existence.  you have to check the warranty and see whether it is a transferable warranty. Also who has provided the warranty? If the warranty is a manufacturer's warranty then you may be in a position to enforce it. On the other hand if it is the original dealers warranty then it may not have much value anymore.        
    • Have had the SAR returned to me.    Strange that they have not included any signed copies of loans.  Especially the one i am disputing.    Have sent lists of what I am assuming are details of previous loans but they have blocked out the financial details.    They list the final loan as being administered by telemarketing unit and list it as a home improvement loan.    The full and final investigation into this matter as they stated in the letter consists of 2 small paragraphs.  They are saying I should have brought the complaint to them much sooner
    • Ok it's good that it is documented in writing.   Pre-action conduct and protocol which can be found here provides under section 7 that parties should agree to a single expert opinion and share the costs of obtaining the opinion.   If you have documented evidence that JL refuse to share their report with you I would keep hold of that tightly as it could demonstrate JL are deliberately acting in bad faith and are not acting in compliance with said pre-action protocol.   Section 13 of the PAP indicates when a party is not compliant with the pre-action protocol this will be taken into account when giving directions for the management of proceedings and when making orders for costs.   I think what can be inferred from section 13 is that JL's current insistence not to share the report with you, despite your reasonable request, increases (while not guaranteeing) the likelihood of any claim you bring succeeding and having any claimed additional costs awarded against them.   As a result of this I would document any costs you have incurred when obtaining your own expert opinions, as well as how long it has taken you to obtain the additional expert opinions as it may be possible to include a small sum for this as a result of being forced to seek your own expert opinions due to JL's non-compliance with PAP.   I do not think you are obliged to notify JL they are in non-compliance of pre-action protocol, after all once you start sending letters they will have their expensive legal department review it, who should be more than capabable of understanding their non-compliance.
    • Hoping someone can help... court action need to be started against a garage because they have failed to resolve a problem under warranty.    An independent garage has verified the fault still exists despite the original garage claiming there's nothing wrong. They are happy to provide a report.    The problem is the car was bought by a family member who has since passed away, leaving the car to their child who is now the registered keeper.    The garage has also been bought by a larger garage group since the vehicle was purchased (they were going into administration).    Would court action need to be taken by the registered keeper or (preferably) could I do this as the person who has actually dealt with the issue from the beginning?    Would the defendant be the new owner of the garage or would be now defunct limited company be named as an additional defendant since that was the entity the vehicle was purchased from? I also think the national manufacturer that provides the warranty should be named as a defendant, does that make sense?   Any pointers would be gratefully received, thank you.
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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
      • 33 replies
    • 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
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Quick question, how do you donate                         to  here please, I clicked on the bit that said donate and it did not work! I am sorry it not be much        I                   can donate

 

 

Sandy

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Click the word " donate " in your last post.

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 The National Consumer Service

 

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

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Have no green strip across the top HB, and  Andy I tried the donate button, no luck :(

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Okay we have an error...click the donate button in my signature Sandy.

 

 

.

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 The National Consumer Service

 

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

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Andy, on your post I can see the yellow donate button only, clicked it but it does not work for me, so sorry, would love donate, it not be much though

 

Sandy

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Click the please to the left of the button

  • Like 1

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 The National Consumer Service

 

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

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think must be a problem my end as I  did that Andy and all I got was  page saying claim the right and a loading circle thing, is there any other way to donate?

 

Thank you for the help

 

Sandy xx

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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I have reported the error.....my signature donate is working and the the donate on the main index CAG page at the bottom is working.

 

Try the following link.

 

https://www.paypal.com/donate/?cmd=_s-xclick&hosted_button_id=CC88U8B6MMCDU&source=url

 

 

 

.

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 The National Consumer Service

 

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

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I don't know what happened – because we didn't change anything – but I have now updated the donation link and it should work.

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hi Andy, thanks for the link, I now  I hope have made a small donation

 

Sandy

  • Like 1

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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Actually - it is a very generous donation.  Thank you

I'm sending you an email

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Posted (edited)

BF, to what email? the one registered here is not in use and has not been for a long time, I  can not remember password to it, I use one have had for a long time now but it is not working on here

 

sent you a message BF

Edited by snowdragon

R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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