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    • That's wrong on two counts:   1. The time frame is one calendar month, not 35 days   2. The time doesn't start from when your ID "has been confirmed", it starts from when they receive it.   Send them this ICO link   Time limits for responding to data protection rights requests | ICO      
    • Final offer emails-  there is a typo in it - I am Not entitled to a refund in point 1, I did send my email back saying I accept as his typo said I was eligible - but he quickly sent another email saying it was a typo and I was not entitled to a refund.      Email 1   Thank you for your response. We are sorry to learn that you are not happy with the provided resolution.  In regards to your further query, we can confirm that we are now authorised and regulated by the Financial Conduct Authority (FCA). However, your matter does not relate to a contract of insurance, but in fact a plan. Therefore, you do not have the benefit of reporting this matter to the Financial Ombudsman Service.  In terms of your queries, please be advised as follows:  1. Your request: “Refund of the cost you charged me for the boiler repair of £246.”  We have clarified and summed up your concern regarding the repair cost of £246 in our previous response dated 2nd December 2021. As we instructed the manufacturer who attended your property on 13th November 2021 and completed the job successfully. Therefore, you are entitled to a refund.  2. Your Request: "In addition, an exgratia payment of £100 for the poor handling of this repair and complaint." We have clarified and summed up your concern that you logged the claim online and provided your tenant's contact information. As per our record, our relevant team contacted your tenants only on 7th November, 10th November & 11th November. We shared the exact information with the manufacturer so that you or your tenant would not fail to take advantage of your appointment and to ensure matters were resolved swiftly without any further delays. 3. Your Request: "To be freed from my plan immediately with no penalty charged." We have clarified and summed up your concern regarding the cancellation in our previous response dated 26th November 2021. Either you can provide a 30-days notice or for immediate cancellation, there will be a cancellation fee of £144. However, as a resolution to your complaint, we can cancel your plan with immediate effect as a gesture of goodwill by waiving the cancellation fee of £144 that you would normally be required to pay as per the terms and conditions of your plan. Please be advised that we maintain our position and our further gesture of goodwill offer in the sum of £30 remains open to you for acceptance in the full and final settlement.  Please note the following points as discussed regarding your concerns: 1. The cancellation fee of £144 has been waived and offered to cancel your plan with immediate effect. 2. Offered a refund of £30 as a gesture of goodwill.  Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer an appropriate explanation and a fair resolution.      Email 2 As you mentioned, your boiler was repairable and it got fixed by a reputable nationwide company for the total cost of £246. In regards to the misunderstanding, we have never addressed your boiler as unrepairable, we always advise you that it was beyond economical repair, in which we use the boiler's purchase value, age, make, and model. The calculation illustrated below outlines how the BER value is calculated. The boilers current market value is calculated by looking at the purchase value and applying a 10% depreciation on this value for each year that the boiler has been in use (age of the boiler). We cover repairs of up to 80% of the boiler’s current market value. As you were concerned about the breakup and calculation of the repair cost which you were offered in the first place, the detail mentioned below: Boiler Type: Ideal (Mini C24, 24KW Combi Boiler) Boiler Value: £566 Market Value: 272.72 BER Limit: £270.72 Part: £320.37 Part + VAT: £384.44 Labor: £54 Total Cost of Repair: (Part + VAT: £384.44) + (Labor: £54) = £438.44 In regards to the repair, our technical team offered an option with the manufacturer (Ideal) repair for £246. As we instructed the manufacturer who attended your property on 13th November 2021 and completed the job successfully. There is not a breakdown for the manufactures offer, as it is cheaper than the original cost of the repair. We offer manufacturing repair for a fixed fee. Therefore, please be advised that we maintain our position and our gesture of goodwill offer in the sum of £30 remains open to you for acceptance in the full and final settlement.  Once again, we are sorry for the inconvenience we caused you and hope you will find that the points above offer an appropriate explanation and a fair resolution. Under the terms of our Complaints Procedure, this is our final response.  
    • quite correct and that is not a bailiff letter!   can i give you a little tip when dealing with all the people  regardless of if they are DCA's or BAILIFFs (not the same }   STOP RINGING THEM! - thats the last thing you should EVER do no matter who it is.   never just pickup the phone or talk about debt of yours or anyone on the phone put it down stating writing only.   now this is for a CCJ there is NOTHING a bailiff can do on a CCJ anyway!! its a county court judgement and there are no rights of entry anyway on county court stuff. only magistrate fines like dvla speeding etc etc.   that letter is infact just a simple letter of them acting as powerless DCA's, they have not been court appointed. i suspect the DCA that got the ccj got it by the backdoor too and now thinks their mates can have a go at being a bully when legally thay cant ignore them!   dx      
    • Firstly, never threaten legal action unless you are willing to take it!   Can you post up the 'Final Response' you received from them today as a pdf with all identifying detail removed.   I've read their T&C you posted and it has a frankly baffling description of how it calculates the BER:   BEYOND ECONOMICAL REPAIR - In the opinion of our approved engineer, we are unable to repair your boiler.   We use an industry standard formula to calculate the BER value, using the boilers purchase value, age, make and model. The table illustrated below outlines how the BER value is calculated. The boilers current market value is calculated by looking at the purchase value and applying a 10% depreciation on this value for each year that the boiler has been in use (age of the boiler). We may provide repairs of up to 80% of the boiler’s current market value.   Version 3.0 Boiler Type Vaillant Eco-TEC Plus 938 Purchase Value RRP £2,521.00 Age 5 Depreciation 10% for each year boiler has been in use Current Market value £1488.63 Threshold £893.18 Cost of Repair £350.00 Outcome Repair Authorised    I eventually worked out how they got from the original price to the 'Current Market Value' [it's not straight line depreciation, for the mathemetically minded it's  (((((£2,521 * 0.9)*0.9)*0.9)*0.9)*0.9) = £2,521*0.59049 = £1,488.63].   But what does 'Threshold' mean?  Not defined or explained anywhere. It isn't the 80% of the boiler's current market value that they refer to. £893.18 is 60% of of the current market value of £1,488.63, not 80%.    So it's hard to tell from their TEC what they mean when they told you "BER limit £270".   Do they mean that £270 is their calculation of 80% of the boiler's current market value? In which case  £246 you want back is well within their limit. Do what Bank Fodder recommends and see what they say.
    • I've been waiting weeks.  Direct number for the mediators is 03001234593 if you want to make sure you haven't been forgotten.  They do seem to have a bit of a backlog though.  
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Lost Laptop sent through hermes booked via Parcel 2 go


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I have received reply from parcel2 go after i rejected their £100 offer, i am getting bit panicked i may not lose the claim after reading their email. Please give me some confidence

 

 

 

 

Ref: P2xxxxcccc

Good Afternoon XXxxxx
Thank you for your email.
Firstly, please allow me to offer your our most sincere apologies for the service you have received on this occasion.
As advised by my colleague when booking this order, you are required to enter the value, upon entering this value a pop-up message was provided requesting that you protect your goods fully, you declined this option on more than one occasion and accepted to send this with just the standard £20.00 protection against loss or damage.
I am afraid the offer made £100.00 as a matter of goodwill gesture without prejudice is the full and final settlement we would be willing to offer.
It is of course your prerogative to take this case further, however, I must advise that should this go forward we will defend the case based on the information provided previously and the following Terms and Conditions which you agreed to when booking this order:
https://www.parcel2go.com/content/about-terms.aspx
"The Extent of our Liability

6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.

6.5 We shall not be liable to you under any circumstances for:

(a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or

(b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.

6.6 We shall not be liable to you:

(a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights;

(b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or

(c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us.

The Limitation on the Amount of our Liability

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. "
Again we do apologise for all the inconvenience caused on this matter.
Thank you Maimoona for your time and patience.
Kindest Regards
Chelsea Walton
Asset Protection Officer

 

 

 

 

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Ignore it. Stick by your deadline.

Have you prepared your particulars of claim and have you registered on the county court website?

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This preparation should have been well underway by now. When is the expiry date for your letter of claim?

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  • 2 weeks later...

Okay it looks absolutely fine.

Although we haven't done this before, Hermes will say in their defence that the contract is with P2G. Normally we have been rebutting this at the mediation process but we may as well decide to get in now.

On that basis, I suggest:

Quote

The claimant is suing as a beneficial third party under the Contracts (Rights of Third Parties) Act. The claimant the defendant's courier service to deliver a laptop, value – £249.99 to a UK address. Reference number xxxxxxxxx. The defendant breached the contract by losing the item, prior to delivery, and refuses to reimburse the claimant to the full value of item. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £249.99 plus delivery fee £6.88, plus interest pursuant to section 69 of the County Courts act 1984.


That may save a bit of time later on. We'll see how they respond.

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Whoops sorry. Force of habit.

In that case your suggested draft is fine.

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Thanks. I submitted the claim two days ago. 
i wanted to ask what will happen next ? 
i was told in the end of submiision they have 14 days to respond i somewhere on forum read 33 days. Can you describe briefly what will happen next and my next actions

 

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Please read up on the Hermes stories on the sub- forums and you will find all the answers.

These are things which have been dealt with many many times and this forum is about self empowerment. If you go through the material you will soon find the answers and you will feel far more confident for having understood it yourself

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You are asked right at the beginning of this thread at the beginning of July to read the stories and as you haven't done that, you shouldn't even have been at the position where you sent the letter of claim.

We rely on you to put some of your own work in to make sure that you understand what you're doing – not simply to be spoonfed by us.

There is an entire sub- forum dedicated to postal and delivery services and a huge number of Hermes stories.
You really should have understood by now how to explore this part of the forum.

Here's a link to a list of Hermes stories. Please start reading.

I'm not trying to be tough when you – that it would be better for you that you know your way around and you understand the route because otherwise at some point you may start to get rather nervous – especially when you end up in mediation and you will be on your own having to stand up for yourself.
None of it is difficult if you have done the preparation

 

https://www.consumeractiongroup.co.uk/search/?q=hermes&updated_after=any&sortby=relevancy&search_in=titles

 

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Oh i did read many successful stories already on your forum before even sending the letter of claim thats how i built my understanding so far. I thought there is some specific thread named “hermes stories”  that i never found however when ever i wrote hermes stories in search i found many popped up and read some successful ones. 
just not very clear that how many days the defendant have after creating a claim the website said 14 days however i read on theis forum 33 days ? 

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they must file AOS by day 19 from the date top right on the claimform, once they have done AOS , they must file a defence by day 33, the claimform date is ONE in the court.

 

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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  • 3 weeks later...

Hi , 

my claim was issued on 23rd july, and it was written on the notice of issue that it will be deemed to be served on 28th july and defendent has untill the 11 of august 2021 to reply.

I havent got any reply untill now , if i dont hear anything by the end of tomorrow , would i able to request judgement? 

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They normally manage to get the defence in at the last moment. However, keep monitoring the County Court website and the moment it lets you enter judgement then just do it. Don't hang around don't ask anybody – just do it.

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Have they not done AOS?

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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Not yet 

 

I can still see the request judgement button , it takes me to next steps how ever i have not proceeded as it says their 14 days have must passed after the claim has been served.

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They are out of time for aos so you can file for judgement. They had 19 days from 13th july to do so.

 

off you go!!

  • 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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I submitted claim on 23 july , not 13 , and it has gone into service on 28th july and notice of issue says they need to reply before 11 august. So one more day i guess ?? 

Should i request judgement by end of tomorrow or beginning of tomorrow ? 

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pers i'd give them a few days to day is only the 19th day.

 

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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But keep on checking the courts website every day

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I am confused, why would i give them few days?

Can i request judgement after tomorrow which will be the 14th day. Notice of issue says they should reply in 14 days after it has gone into service. I.e 11 august. 


can you please explain 

Can i not request judgement after tomorrow ? 

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i'm not aware of the correct address to put on the claimform for hermes, but i will guess you did the one BF has recommended in all the other threads here.? that might be worth checking over.

 

today is day19 (if the date top right on your claimform is the 23rd) so they should ideally AOS today by midnight and that should show in the status of the claim on MCOL.

 

if they dont then i'd try hitting the judgement button tomorrow, say midday . but as i think we've seen before, if they used the postal return form and not file AOS online via MCOL, and that arrives late, as long as the form was posted in time, you will find it will be excepted...even if you've already applied for judgement....which is why i suggested a wait.

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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Actually I've never recommended an address for Hermes. I don't know where people are sending the claim forms but clearly they are reaching their destination.

Probably the registered office is the best.

 

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