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    • In 2016 my business was subject to a fraud regarding a Rolex watch which we had taken in as part exchange from a local and well known customer. We took his steel Rolex and he paid a few thousand £s extra and bought a pre owned gold one from us.  Having bought his watch, part of the deal was we would not sell it until he returned from over wintering  in Australia after a few months. Upon his return he was planning to either part exchange the pre owned gold one back and buy a brand new version of it,  or he might like to simply  buy his original one back.  The watch therefore sat in my safe for nearly a year. At which point we attempted to contact the customer only to find his obituary. He was ill before he travelled so we suspect he knew he might not return.   It was a few weeks before Christmas so we put his (which was now ours) watch in the window (as it was) to sell and sold it within a few days. Had it not sold before Christmas we  would have sent it to Rolex for service and refurbishment, and subsequently offer it for a higher price in the spring (Rolex would also have identified it as fake). Two years later the customer that bought the watch returned it quite upset after he had sent it to a national watch buyer to sell, but was told it was a high end counterfeit (ie not your $20 Chinese throwaway, but one purposely manufactured to deceive).   After some checking ourselves, we refunded the customer and spoke with our insurers.   Our business insurance provided all risks cover with a few exclusions (terrorism etc) and was a very well known policy that many/most UK retail jewellers take up. Indeed we had held the policy for many years.  Fraud is an insured risk.   It is my view that a customer selling us a fake watch is a fraud. The broker enquired with underwriters and they have said it is not covered. I am not satisfied and have asked the broker to send me the wording of the policy so I can read the exclusions. I am told they have searched their archive but cannot find the policy so cannot send it to me. They have asked me if I have my copy? I haven't found my policy document either and fear I threw it away upon renewal. But wonder, if I do keep looking, whether it would be a good tactic to let them have my copy. We have been renovating the house for a year and the attic is absolutely chock a block with stuff, a thorough search through the old books would take a week or more.  I have suggested if they cannot find the wording sold with my policy they should settle the claim. Clearly they cannot reject the claim without the wording? It sounds odd to me that they even need to retrieve the policy to find the wording.    I am quite certain a claim for fraud is an insured risk. I guess somebody has to judge whether the transaction was fraudulent first though. I am quite happy to issue a summons if the insurers reject my claim by trying to suggest the risk was not covered (unless it obviously isn't), which is why we need the wording.   Comments and a strategy would be very useful to understand whether or how to proceed. The claim is for £3500.
    • So let’s say you won’t get more than 1 hour for lunch, so 48Hr/wk is your paid hours. That gives you 2496Hrs/yr at £20k yours hourly rate is £8.01/Hr.    if you are 21 or 22 you should be on £8.36 23 or over takes you to £8.91   so unless you are younger than 21 you are below minimum wage and they are breaking the law if those are the hours you are contracted for. 
    • you read UPLOAD use jpg to redact then convert and merge to PDF.
    • Have a read of our upload guide, that explains how to edit pdf docs.   I'm not one of the legal people but I find it hard to believe that you don't have any cancellation rights after you sign with them. I notice that the agents are part of Countrywide who I would expect to be professional, hopefully other posters will know what rights you have.   HB
    • lose the red bit don't be pedantic..   don't use the health as a reason, just slip it in somewhere as a secondary thought, and that worry concerning them getting covid by you returning back to work, had delayed your return. a few white lies don't hurt.   pers i'd fluff it out a bit.  something like    Notice of intention to prosecute - Thameslink - changed CArNet Ticket date - Please help - **SETTLED** - Public transport (Trains, tubes and buses) - Consumer Action Group          
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    • Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422
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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
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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!
       
       
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Kat v HSBC ****WON****


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I have an offer from DG arrived early this week. I have accepted and waiting for cheque. Just hope this hoo-ha with Lloyds affects it though cos haven't got my money yet! Anything could happen...... they could refuse my counter offer as I used the CAG template saying I don't agree to not making other claims or confidentiality. Lets see........

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Well Done Kat

 

I paid my cheque in to the bank this morning Great Feeling..

 

 

Oyster

If i've been helpful in any way....then tip my scales over there!

MCOL Filed 26th Feb 07

:-)

Defended 26th March 07:rolleyes:

PRT @ Cambridge 13th July 07:wink:

1st May Full Offer:grin:

Cheque arrived 16th May8)

 

 

 

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kat - have you written to the court to tell them it's settled..

 

and also, to help others who are having to do court bundles - please could you give this info on this thread

Litigation Section - View and print out litigation spreadsheets here please pm a mod with your details:

all they want is your username, claim date, bank, claim amount and date settled. it really would be helpful, thanks

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