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    • Well, we have also been done by Yewtree Cars/James Harrison! We bought a Land Rover Discovery from him off a dealer site on 28th December 2020. He advertised it as 1 loving owner (true, I tracked him down on Facebook, really nice guy!)   throughout the advert WOW full dealership service history, WOW new cambelt, WOW new MOT, WOW full valet including decontamination clean WOW, WOW, WOW!!!   We paid £4500 for the car plus £280 for delivery from Solihull to Winchester. He sent 3 texts reminding us to ‘look after the delivery guy cuz he’s a top man’! Soon worked out that HE was the delivery guy!   They dropped the car off and scarpered. It was dark when it arrived, initial thoughts were it was disgusting inside. I have never seen such a filthy interior. He even left his sweet wrapper inside.   He drove the vehicle down to us (we thought that we were paying for a transporter). It was running on fumes, so we took it out to get fuel. Straight away noticed automatic gearbox slipping. Not a good start.   Next day messaged dealer asking for the receipt, twice, he said that he was in Dubai (in his dreams!) for 2 weeks but would send it when he got back. Before he delivered the car, he said that if we weren’t happy he would personally come and collect it.   Sent him a message (I like to keep proof of conversations) to say that we certainly weren’t happy and wanted to return it. His reply was - SOLD AS SEEN, YOU GOT A CHEAP CAR!   Thinking we would have to cut our loses, we had a new gearbox put in, only to find that the crankshaft had also gone and then the bottom part of the engine had to be replaced. Also the suspension at the front was leaking oil (mentioned as an advisory on the previous mot, which he said had been done). He forged an entry in the service book saying that it had just had a cambelt change (false Land Rover stamp), confirmed by previous owner and Land Rover.   So, after 8 weeks of being at the garage and £7000 - YES £7000! later we certainly did get a cheap car from him. Are we going to let this go? NO!   I have found out his real name and I am going to pursue him through the court until I get this money back. He is the worst kind of confidence trickster, a liar and a thief.   We will have no hesitation in scouring Solihull for him, whatever it takes.  
    • So for various reasons, which 'm happy to discuss and debate, largely driven by the available sites apparently being O/AZ, and with the 2nd dose being 10-12 weeks after the first O/AZ apparently giving very little protection from the new strains appearing O/AZ efficiency apparently being about 55-65% with one dose and Pfiser giving much better and wider protection from a single dose I'm NOT going for the O/AZ and giving up the chance of faster better protection from pfiser even if it means waiting a couple of weeks.    
    • @Andyorch   I didn't know that. Thank you.
    • Are you saying the 6/3 year rules does apply to me, even if I only realised it was mis-sold in 2019?   The agent is talking as if I knew this was not compulsory in 2003 when I signed for it 😕   
    • Yes, was received.   Sitting on my hands has never been a strong point.    
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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
      • 1 reply
    • 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
      • 33 replies

Lloyds made me an offer but...


Please note that this topic has not had any new posts for the last 5409 days.

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I followed the guidance on this website and Lloyds TSB's solicitors offered to make a payment to me which was to be a final conclusion to the matter. I was about to accept this offer when low and be hold they sent me a letter telling me that there about to take further charges on the 9th May.

 

So I wrote telling them that I would accept the offer if these further charges were not added to my account and I would then be happy to be bound by all of the terms of their offer.

 

Just wanted to check that I've dont this right. I know that if you hold out for interest etc the court is likely to rule that your been greedy. I didnt think this would apply here as I asking for nothing more than whats mine.

 

Any comments would be much appreciated. Cheers Tom.

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Yeah it was an offer for a full refund upto the date of the offer. But accepting the thier offer meant that I could not then reclaim any charges which they may have applied in the future.

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Yeah it was an offer for a full refund upto the date of the offer. But accepting the thier offer meant that I could not then reclaim any charges which they may have applied in the future.

It's the general concensus here not to accept that kind of offer. The charges are unlawful... reclaim your rights as a consumer.

 

Stick it out if you can. Pressure on the banks is good. Hopefully the banks will start listening and change their policies sooner rather than later. Good luck.

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It's the general concensus here not to accept that kind of offer. The charges are unlawful... reclaim your rights as a consumer.

 

Stick it out if you can. Pressure on the banks is good. Hopefully the banks will start listening and change their policies sooner rather than later. Good luck.

As a general principle, I would accept any offer of refunds of the banks made to me. As long as it is unconditional, especially. As regards to the possibility of future claims. It may be that they try to make an offer to you and insist on confidentiality. That is up to you. But if you accept an offer, which prevents you from claiming charges in the future, or even worse, in which you accept their charges in the future. Then you really are giving up your Right

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This is the typical kind of wording on a Lloyds' offer of settlement (other banks too):-

 

"Payment will be in full and final settlement of this claim and any future claims either of you have or may have against the Bank"

 

You are advised not to accept an offer like this.

 

It has to be said, however, that there is some doubt whether such a promise wold be binding insofar as it applies to charges which are unlawful.

It is difficult to imagine that the courts would support an agreement which was intended by the stronger bargaining partner to frustrate the court in its application of the rules relating to the non-enforceability of penalty charges.

 

Certainly if any User here wanted to go on in the future and recalim charges despite having entered into an agreement which apparently barred future claims, I feel that they could do so with a pretty good chance of success.

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I have replied to them accepting thier offer of the repayment of the charges in question. But I pointed out to them that this would only be on the provison that future charges would not be applied. I am waiting now for them to come back with a re-drafted offer.

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I am in the same position, I am perfectly willing to settle but without such conditions. Yet to hear back from them - maybe they won't get around to it and it will go to court :)

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  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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Please note that this topic has not had any new posts for the last 5409 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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