Jump to content


  • Tweets

  • Posts

    • Ok here goes for a first draft... .    Dear Will & John.   I must admit I was in awe of receiving a letter from your esteemed law firm thinking what have I done to deserve such an honour. Perhaps you have discovered a long lost relative has left me a fortune in a will and I could give up work to pursue my love of goat farming using the money to set up a small holding in the outer Hebrides producing fine cheese and goat hair sweaters. Alas no! In bold letters it stated Letter before action almost if one had to get ready for battle and my power ranger pyjamas will have to be on a boil wash first before I can even think about action. Anyway I digress after further research I discovered this is in relation to some parking shenanigans of which I have no knowledge, so as the Private Parking world's best solicitors you should be aware, I know that you know a case isn't going anywhere on the facts as presented. I may add that that not all is lost, as I used your letter to line the cat litter tray. Mr wiggles is most pleased with his firm and absorbent lining beaming happily away as he does his cat business before securing a warm spot in front of the fire as we sit down to watch cash in the attic. Good luck with the soliciting business I hear it can be quite lucrative. P.S – it is uncle Herbert who apparently left a fortune so if you do come across him please let me know…      
    • I don't know the answer to that one. Should I do the portal thing or call Drydens?
    • Update. They increased the offer to 100 and today I heard (finally) from a senior manager. It was basically a repeat of what we were told before.  This was what we sent. Before sending a formal letter or intent to take legal action (do we do that as a business - or is that just for consumers?) I have replied as follows: Note that the replacement books we had to send to the school cost more, as well as the shipping to replace.    Dear XXXX   The contract to deliver the parcel was with DPD/ Parcel2Go.com Ltd, regardless of who you choose for any section of the delivery.    DHL confirmed the delivery with DPD when initial investigation opened after I contacted you in September 2020. The parcel shows as having been delivered August 28th at 11.30am.  Our customers reported non delivery.   DPD had the courier details and tracking number, in order to confirm the delivery when an investigation was opened by DPD in October.   We’re pleased to let you know that your parcel DPD4227962 has been located. This enquiry has been closed as your parcel has received new tracking events or has been delivered. DPD closed the case, and we were not given the courier details or local tracking number. The courier details (DHL) were not given to us until Dec 2nd, and we have never been given the local tracking number. When we contacted DHL in Dec that was the first thing they asked for; the information we had been requesting since September. DPD failed to provide the information that would have enabled us to get information from DHL, even if DPD were unwilling to assist and carry out the service with reasonable care and skill. As the contract was with DPD we would always expect to be given the local tracking number when requested. When booked through Parcel2Go.com there is a Live Chat option to request this, and we have been given this information on numerous occasions. Why did DPD not give us the local (DHL) tracking?   The compensation is irrelevant, as you are only entitled to exclude liability for negligence if the exclusion is reasonable in all circumstances, and in any case, you have not sent proof that the parcel was lost or damaged. Regardless DPD is legally obliged to carry out the service with reasonable care and skill. Protection is not to give DPD full and unlimited protection against negligence - this would be an unfair term under the Unfair Contract Terms Act 1977.   We have had to send a new set of children's books which cost us approximately £50 more to buy, and the shipping was also more - shipping (same service) cost  £157.85 The situation created significant inconvenience in addition to substantial losses. We have been asking for the declared value of £425 plus shipping £116.80 and even with this we will have suffered a financial loss. There are no 'unforeseen' circumstances I can think of; no DPD representative would give us the local tracking number (requested over 35 times between September and December) and as a result DHL couldnt help us work out what has happened.  They may have delivered it to the wrong school with the same post code. Without the tracking they could not help us.  You have stated in your email that the parcel was not delivered, but because you haven't given the tracking details we will never know if this is the case or not. The investigation you are referring to in November was the SECOND investigation. And at no point since shipping the parcel has anyone given us the local tracking number. This should have been a straight forward request, and with this information this situation could have been avoided.  Please refund the  £425 plus shipping £116.80 as requested; by accepting this we will still suffer a loss due to your negligence, but can avoid litigation.    Elliott Hartnell-Baker    On Mon, 25 Jan 2021 at 11:52, DPD Local® <claims@parcel2go.com> wrote:
    • Worth a phone call or email at the least....this is not like dealing with a catalouge debt.....it's a serious threat which you can't treat like bluff.   Andy
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
      • 31 replies

Please note that this topic has not had any new posts for the last 5053 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.

Thank you

Recommended Posts

Hi guys,

 

hope someone might be able to point me in the right direction here.

 

OK here goes, long story short. I recently bought a car off e-bay, I paid for it by Paypal and as far as I was concerned had entered a legally binding contract with the seller. I collected the car, and had a friend follow me home, it soon became apparent that there were problems with the rear lights, although I knew that the car needed some attention, this was not mentioned in the listing.

 

I took the car to a local garage to have the repairs that I knew needed doing carried out, which was the replacement of two front wishbones and the handbrake needed an adjustment (as ststed in the e-bay listing) Imagine my horror when the garage called me to tell me the extent of the work that really needed doing: 2 front wishbones, handbrake adjustment, replace a spring (which had according to the mechanic clearly been broken for a long time) a new heater control valve (heater not working and not recorded in listing), 3 new tyres! (spare was bald one front one bald, and a front tyre of the wrong size) two rear axel bushes and two droplinks needed to be replaced, new rocker cover gasket (engine covered in oil) and electrical work.

 

The vendor refuses to recompense me for any of the work and claims that I spent over half an hour making a thourough check of the car. The truth is (to my shame) that I took the key and drove the car away. Fortunately I have 2 adult witnesses to this. I sincerly belived that I had no reason to go over the car with a fine tooth comb......I had entered into a contract and fufilled my part by paying for the car. This is now being investigated by Paypal.

 

The question that really brings me here is this: Can a person, who is NOT the registered owner and keeper of the car sign the log book authorising transfer? I personally would belive this to be fraud.

 

The reason that I ask is that during doing the paperwork, I noticed that the car was registered to a female...yet it was a guy that signed. I was going to mention this at the time but was distracted by something else.

 

Any help would be appreciated.

Link to post
Share on other sites

I'm sorry to say, that private vehicle sales are a law unto their own selves.

 

Cars are usually sold as seen and you do not have much in the way of legal redress.

 

You could try to sue the vendor for compensation, but this would be difficult to prove.

 

It's quite possible that the vendor did not know about the other faults. Improbable, but possible.

Frederickson - CCA Sent 11/4/07 - Lost - Claiming back from post office

Connaught Collections - CCA Sent 11/4/07 - No Agreement - returned to client

Lowell - CCA sent 11/4/07 - No agreement - returned to client

Moorcroft - CCA Sent 11/4/07 - No Agreement - returned to client

Red Castle - CCA Sent 11/4/07 - Copy returned but no T&C's

Robinson Way - CCA Sent 16/5/07

Link to post
Share on other sites

thanks for the response boris, did I mention that the seller offered to do all the repairs himself................. after I had paid for them to be done! He then offered a refund but didnt want to include the money I had spent having the car repaired. So not knowing would be a bit of a lame excuse if he is that good a mechanic. Anyway who, cant spot a bald tyre, or fail to notice that they put one the car that is the wrong size!! Ho hum small claims here I come

Link to post
Share on other sites

In all honesty the guy may not have known about some of the other faults and the onus of proof would be on you to prove that he did. By decalring some fairly large faults he will have shown himself to be partly honest and therefore it will be an uphill struggle to prove anythign else.

Link to post
Share on other sites

If it's a private seller, then you have no claim under the Sale of Goods Act for the quality of the car. It's caveat emptor, or "buyer beware". You can only claim for any clear misdescription that the seller may have made.

 

In addition, even if he were in trade, the SoGA says that you need to give the trader a reasonable opportunity to put the faults right - you have not done this, and I have seen good, solid cases thrown out of court just on this point alone.

 

 

In my opinion you won't stand a chance in court, sorry about that.

Please note I'm not insured in this capacity, so if you need to, do get official legal advice.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...