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    • Hi everyone, I am new to this forum. I am HOPING you can give me some advice that can help me. I am 68 years old and I currently own a leasehold property for which I have to pay (extortionate) monthly fees for Ground rent and Maintenance to a management company. During 2020, I managed to pay only for 6 months and then ended up in financial difficulty due to Covid. I was barely able to make ends meet. I stopped paying the maintenance fees around June 2020. My plan was to pay them a lump sum at the end of the year, when things go back to normal and my financial situation improved. Government advised things would go back to normal but unfortunately this didn't happen and I ended up in a lot of debt. I even had to sell my car to pay back money I had borrowed from family members. I live alone and this whole pandemic situation has really affected me mentally. To make matters worse, because I wasn't able to pay the lump sum as I originally had planned, the management company consulted a solicitor (Realty Law) to help them recover this outstanding debt. The initial debt was £596.00 + £36.15 for interest (no idea where this interest came from). The solicitors have now added on legal fees of £721.50 increasing the total debt to £1353.65. I contacted them via email and offered to pay £50 a month for the time being until I can improve my financial situation, at which point I would pay them more. Their response was the following: 'Our client has advised that they cannot honour a payment plan for that duration and therefore we have been instructed to continue our recovery process and request judgment if payment has not been made by 2pm on 29th October 2021. As such, we request that you please make full payment of £1353.65 as per the attached arrears schedule by 2pm on 29th October 2021. If payment or correspondence has not been received by then, then we shall be continuing with further recovery action and issuing a county court judgement (CCJ) which will incur additional fees. You are entitled to seek your own legal advice.'   The whole idea of court proceedings and CCJs and ADDITIONAL FEES has really elevated my anxiety levels to the point I am struggling to get to sleep at night. I borrowed money from family members and used some money that I had saved to pay off the initial £596.00, but its not possible for me to come up with the £700+ for the solicitor fees by 29th October. How is it even acceptable to charge someone £700+ in legal fees for a few letters?    Can someone please give me some advise on what on earth to do or who on earth I can speak to. I am desperate here.  Any advice would be greatly appreciated. Thank you in advance  
    • Please also take photos of the sign at the entrance as well as any signs inside the car park especially any that are different. Please take them from a distance where we can read them and if there is a payment machine, the sign on the machine or very close to it that explains their T&Cs for the machine.
    • Thanks for getting the signage posted up so quickly. The sign on entry should explain their T&Cs. As they don't it means that  what they have given you is  an offer to treat, not a contract. For there to be a contract they would have had to put their offer at the entrance.  You cannot put a notice saying that their T&Cs are inside the car park and expect motorists to be subject to those T&Cs when they are unaware what the terms are.. They have to be able to read them and understand them before they can accept them. My feeling is that the sign that includes the charge of £100 is too small to be acceptable On top of that the sign at the entrance is for Parking Control Solutions while the signs inside are from HX Management-a completely different animal. To strengthen your case for not paying them is the fact that their PCN is not compliant.  Under the Protection of Freedoms Act 2012 there are certain wordings in  the NTK  that by Law must comply with the Act. They don't  have to quote that part of the Act in their PCN but the relevant wording has to be included. PoFA Schedule 4 paragraph 9 [2]   the notice must  [f]   warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;   Your  NTK does not include  [if all the applicable conditions  under the Schedule have been met ]thus rendering the NTK non compliant.  
    • I agree its about time but why has it taken for the National Crime Agency to flag this up for then to take action and not Ofcom.   Yet again a Government Agency that is meant to deal with this hasn't Ofcom but flagged by another Agency NCA.   If the telephone companies have this facility in place already to do this then why hasn't Ofcom been pushing them to stop all these scam calls and giving them massive fines for not doing so.    
    • Hi   Send this to them:   Dear Sir/Madam   Formal Complaint   Reference:            (insert their complaint reference number here)   Thank you for your response letter dated XX/XX/2021 which I received by email on XX/XX/2021 that contained your Original Email sent that showed due to your Maladministration that you had sent the Original Email containing my Personal Data to an incorrect email address due to spelling errors in the email address.   a)      Due to this Maladministration of this email being sent to the incorrect email address this email contained my Personal Data which is a Data Protection Breach therefore I require clarification from yourselves that this Breach has been reported to your Data Protection Officer and what action is being taken to ensure that my Personal Data contained in that Original Email has not been read by the recipient that you sent that email to with the incorrect email address.   As the email was sent by yourselves to my correct email address containing the original email showing the incorrect email address was due to spelling errors (maladministration) your IT Department will be able to obtain those emails sent.   If I do not get a satisfactory response that this has been dealt with by your Data Protection Officer, I will report this Data Breach to the Information Commissioners Office (ICO) https://ico.org.uk/make-a-complaint/   b)      Due to this Maladministration I failed to receive your Stage 1 complaint response within the allocated time limit for a Stage 1 response therefore this complaint should be dealt with as a Stage 2 Complaint and if you refuse to treat this as a Stage 2 Complaint, I require Full Clarification for your refusal.   I was placed in this Tenancy via the Rough Sleepers Initiative and I find your response about damaged/destroyed items that you would not be able to look into this as this happened 2 years ago but all tenants regardless of private or social housing are responsible for arranging their own contents insurance totally unacceptable as again, I was never notified nor informed of this requirement on taking up this tenancy.   I require clarification from yourself that when a New Tenant takes up a Tenancy Agreement with yourselves why are the not informed of this requirement of Contents Insurance which you should be duty bound to inform all tenants on taking up a tenancy agreement if such a requirement and it should also be noted within that tenants Housing File which you have full access to as dealing with complaint so I require clarification as well if this is noted in my Housing File.   You state multiple properties throughout the area were affected by sewage flood on the same day and the issue will have stemmed from the mains which is not your responsibility.   a)      You have failed to take into that the above statement from yourself blaming the Mains is without any actual evidence from yourselves to back up this claim therefore I require clarification as to what actual evidence you have and to be provided with copies.   b)      You also failed to take into account that in my initial complaint letter that on 12th July 2021 basement flats 1 & 2 were flooded by sewage exacerbated by blockage in the property’s drainage. The blockage has been confirmed by two contractors after the flooding including CCR who were subcontracted by Pyramid Plus that it was the properties drainage that was blocked. Also, while I was decanted from this property, I was contacted by CCR who confirmed that the drain was blocked but they could not access manhole as it was inaccessible as it is located in a utility cupboard underneath carpet, floorboards so how could this be the Main and not your responsibility when it is within the properties boundaries.   Your response about how complaints have been made by residents in relation to this issue is that your system does not allow you to find that information is completely unacceptable as your Housing Association should be able to produce these as part of ongoing repairs and maintenance/procurement processes to present these to your Board for there yearly Budget meeting if not why not.   Then you state you are under no obligation to share that information; therefore, your organisation is not being Open and Accountable to your Service Users and under which Article of the General Data Protection Act (GDPR) are you using for this refusal.   You have also failed to mention that I can make that above request under the Freedom of Information Act (FOI) and what is your process for such a request again not being Open and Accountable.   I await your response.
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Another stolen Hermes item - Razer laptop


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  • Nice laptop (c. £750 worth) sold on eBay
  • Bought inpost shipping via packlink which of course ends up with Hermes
  • No extra cover taken - silly boy, but reading this place maybe not?
  • Arrives on Sunday, package tampered with and devoid of laptop

 

I have

  • Pics of packaging on arrival, clearly tampered with
  • Video of unboxing, showing it is indeed empty
  • Doorbellcam footage of the delivery .. you can tell it's empty by the way it's being handled and also the tampered tape
  • A crime reference number, in fact they already attended in person - good eh?
  • Spoken to Ebay, who shot me over to packlink
  • started claims process with packlink - they'll pay me £25 no doubt and send me on my way

 

Next steps:

  • Wait for the £25, ask for the full amount, get knocked back
  • Submit formal complaint, wait 2 weeks
  • Submit letter of claim, wait 2 weeks, then submit money claim stuff (been through small claims court, to actual court in the end, so familiar with the process broadly)

 

Gaps for me:

  • Who does the complaint / letter of claim go to?  Hermes? Packlink?  Inpost?  All 3?
  • I get the bit of law that says it's Hermes fault regardless of which country the others hide in (rights of 3rd parties) but which bit says I should get my cash back because a criminal working for them stole my laptop and I shouldn't have to insure against that?

 

Many thanks, fantastic place you have here!  Love a fight :-)  Pic of tampered parcel attached, not really OK for me to post the doorbell footage is it?

 

 

Oh and forgot to ask ... in the meantime do I refund the buyer via eBay?  Am I weakening my position in any way by doing this?

Thanks!

 

 

 

pix.pdf

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Refund the buyer immediately. It's not the buyers fault and it is your responsibility and if you want good feedback then you ought to show maximum cooperation and goodwill.

In terms of the rest, it looks as if you have got it all off pat.

You already seem to understand that you will be suing Hermes – so why would you want to send the letter of claim to packlink?

The only step you've missed out is that you should make a formal complaint to Hermes. Do that now. Don't set a deadline but after about 10 days if you haven't heard anything or you've been knocked back then come back here.

Let's see a draft of your letter of claim – and also let's see a draft of your particulars of claim.

You've obviously done lots of reading – but keep on going. As probably lots more nuggets to pick up before you launch into action.

Also make sure that you understand the steps involved in taking a small claim in the County Court

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Quote

Refund the buyer immediately. It's not the buyers fault and it is your responsibility and if you want good feedback then you ought to show maximum cooperation and goodwill.

 

Will do .. at first I was a bit suspicious until I googled 😕  

 

Quote

You already seem to understand that you will be suing Hermes – so why would you want to send the letter of claim to packlink?

 

Because of this thread post:

Quote

The only step you've missed out is that you should make a formal complaint to Hermes. Do that now. Don't set a deadline but after about 10 days if you haven't heard anything or you've been knocked back then come back here.

 

..in my next steps, bullet 2.  I wait for claim rejection first?  I guess I've already got reason to be salty even before they ask me to go away.

 

Massive thanks for responding so quickly!!!   I will follow your advice and post drafts shortly.

 

OT but didn't want to create another thread so quickly .. I had an issue with a parcel that went walkies in December last year, they strung me along for months and I got my £25 back in May and was so exhausted I gave up right away.  This was DPD but it was basically incompetence, they tracked it around the place and then said it had been lost .. big box of hifi equipment - not exactly playing cards.  Can I go for that too?  Or too much time passed? Or is lost in this way simply not the same as theft en-route?

 

Cheers!

Adam

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Start a separate thread for the DPD parcel.

The most important thing is the basis upon which you accepted the £25.

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  • 1 month later...

So sorry for the delay, life has been nuts.  Had some back and forth with Hermes and Packlink send me £25+postage but nothing fruitful - time for letter of claim.

 

My draft below and feedback appreciated!

 

Quote

Dear Sir/Madam,

LETTER OF CLAIM

Parcel reference number 5602797507082178

On 23/07/2021 I used your service to send a parcel under the above reference number.  This was purchased via 3rd parties (inpost via eBay packlink) but I am pursuing Hermes as the party that provided the end service (Rights of 3rd parties act 1999).

While the parcel did arrive at its destination, the item posted was missing from the package - lost/stolen in transit is the assumption.  The packaging was damaged and video footage shows handling of said package that supports the notion that the item was already missing on delivery.  This was reported under crime reference number SP-101582-21-0101-00.

Value of item to me = £654 (£750 was the sale price, fees are deducted from this)
Postage cost = £5.65
Packlink compensation =  £5.65 + £25 (standard compensation)
Total loss to (amount of claim) = £629

Value of item was declared at time of purchase automatically - as it was purchased via eBay/Packlink.

Hermes informed me that I should pursue Packlink for compensation (support reference 210726-008850) and that Rights of 3rd parties act did not apply as '..we are not able to deal with any companies bookings under Hermes, for delivery/collection, these companies all wish to to deal with all their own customer.'  Which is fundamentally incorrect and misleading.

Packlink informed I would not be entitled to further compensation as I chose not to pay an additional premium at time of postage.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action.  Furtermore it is for Hermes (the end provider of service) to protect themselves against liability for their own negligence.

If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice.


Yours faithfully

 

Many thanks again!!!

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Presumably this is addressed to Hermes – correct?

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Dear Sir/Madam,

LETTER OF CLAIM

Parcel reference number 5602797507082178
 

On 23/07/2021 I used your service to send a parcel under the above reference number.  


While the parcel  did arrive at its destination, the item posted was missing from the package I am assuming that it has been stolen.

 

The theft has been reported to the police. Crime reference number  SP-101582-21-0101-00.

 

This was purchased via 3rd parties (inpost via eBay packlink) but I am pursuing yourselves as I am entitled to do under the Contracts (Rights of Third Parties Act ) 1999).

 

Value of item to me = £654 (£750 was the sale price, fees are deducted from this)
Postage cost = £5.65
Packlink compensation =  £5.65 + £25 (standard compensation)
Total loss to (amount of claim) = £629

 

You have so far declined to reimburse me and I am therefore informing you that I'm proposing to begin a county court claim against you within 14 days and without any further notice unless you reimburse me in full before that date.



Yours faithfully

 

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  • BankFodder changed the title to Another stolen Hermes item - Razer laptop

If you have written evidence of it then it is extremely useful – but what they said is in fact evidence. It does not contribute to the fact of the case.

The facts of the case are and use simply that you sent the item, they lost it, they refuse to reimburse you.

When you prepare particulars of claim you plead facts. You don't plead evidence. Evidence is what you would adduce later on in order to prove the facts or to damage their credibility – in this case the latter.

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In their email response to me they said, and I quote:

 

"In terms of your question regarding your 'Rights of third parties act 1999' we are not able to deal with any companies bookings under Hermes, for delivery/collection, these companies all wish to to deal with all their own customer."

 

Thanks for claification.  Particulars of claim are for the moneyclaim bit right?

 

 

 

 

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Yes that's what particulars of claim are for.

I have to say that if you are asking that kind of question then you still have a lot of reading to do

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thread tidied of unnecessary previous post quotes ...just type!!

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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Time to complete the moneyclaim part as there has been no response from Hermes.

 

Draft particulars of claim below

 

Quote

I used the defendant's courier service (albeit arranged via 3rd party but claiming against Hermes as per entitlement under rights of 3rd parties act) to deliver an item with value £654 (£750 less eBay fees) to a UK address.  Reference number 5602797507082178.  

 

The item was tampered with in transit and the contents (a laptop plus accessories) were stolen. 

 

The courier have refused to compensate as I did not pay for additional insurance.  Hermes requirement that the customer is responsible for insuring themselves against negligence/criminality of courier employees is unfair within the meaning of the Consumer Rights Act 2015. 

 

3rd party already refunded postage cost + £25 flat amount without my approval so I have excluded that from my claim amount.

 

I'm seeking £629 + interest + court fees of £70.

 

Let me know what you think, thank you!!

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When does your letter of claim 14 day limit expire?

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Well I'm going to say that everything should have been ready by now. The whole claim should have been prepared and saved on the money claim website ready to click off.

 

I don't understand the costings in your particulars of claim. How much are you actually out of pocket?

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"I'm seeking £629 + interest + court fees of £70."

 

...from my letter of claim to Hermes:

Value of item = £654 (£750 less eBay fees)

Postage = £5.65

Packink sent me £5.65 + £25

 

So my loss is £629 + interest + the £70 MCOL fee

 

Thanks!

 

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What's the reference to the eBay fees?

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Item sold for £750, but I only saw £654 of that after fees (what I actually lost out on).  I mention it becuase on eBay invoices etc.. the £750 is mentioned.  If it's not needed, I'll just declare the value as £654.

 

Thanks!

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If it sold for £750 and you didn't get a reimbursement from eBay then that is how much you are out of pocket.

If you refunded the buyer, then why didn't eBay refund you the fees? I thought they normally do

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