Jump to content


  • Tweets

  • Posts

    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. 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,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. 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 £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
  • Recommended Topics

  • Our picks

  • Recommended Topics

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5242 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi

I am asking for some advice on behalf of my parents,

They had been running a business (partnership)for some 20 years or so when things started to get difficult, they sold the business to one of their creditors to pay him back the money they owed him. This was done approx 5 years ago. once the business was sold ,they also sold their house and moved abroad. Once the mortgages were paid and overdrafts paid off there was very little money for them to take with them.

my parents have now seperated and my mother has come back to the uk, As her husband dealt with the finacial side of the business she is unsure as to what money was still owed to who when they left. She does know there is still money owed to various people/companies.

She now wants to start a fresh and delcare herself bankrupt clearing up any loose ends.

The problem is we do not know how much money is owed or to who,

can anyone let me know how we can go about sorting this mess out.

We would like to get things moving as quick as possible because now my mother has an address in the uk she is starting to get letters from debt collectors, we do not want them knocking on the door if we can help it.

look forward to hearing from you

regards

carole

Link to post
Share on other sites

i think the first step would be to obtain a copy of her credit reports and possibly check the register of court fines and judgments to ensure there is nothing on there.

 

Credit Reports: Get your Credit Report from Experian UK

Online Credit Reports and Credit Reporting from a Leading Credit Agency: Equifax

RTL Home

Link to post
Share on other sites

yaffsimone1

my mother has been claiming pension credits and has had to open a bank account, this is the only way i can think people have got hold of her address, she has not applied for any further credit.

she moved away in approx 2001 and came beginning of this year

Link to post
Share on other sites

  • 3 weeks later...
yaffsimone1

my mother has been claiming pension credits and has had to open a bank account, this is the only way i can think people have got hold of her address, she has not applied for any further credit.

she moved away in approx 2001 and came beginning of this year

 

 

If the debts are that old they will be statute barred, so the companies wouldnt be able to enforce them.

Link to post
Share on other sites

If the debts are that old they will be statute barred, so the companies wouldnt be able to enforce them.

 

Unless any of them have got a CCJ in her absence as limitations rules wouldn't apply then. ( So Sequenci's advice re: getting copies of her credit ref. files is always a good idea )

 

Bearing in mind if she does definitely decide that bankruptcy is the best route then all creditors will be included whether she lists them on her Debtors Petition / Statement of Affairs or not.

 

She may want to speak to National Debtline for free confidential independent advice on 0808 808 4000 as well as they can advise on her circumstances as a whole & if she does want to go the bankruptcy route she may be able to get help with the fees - this is something they could check for her as well.

Link to post
Share on other sites

Hi Powelll and others,

 

Forgive this quick intrusion

I have seen that reference to time limits not applying to CCJs elswhere on these forums.

Are you sure? I have never seen that position stated anywhere else, perhaps it's one of those things where everyone assumes - everyone else knows!

I cant understand why there would be an exception to the six year rule, excepting cases like Inland revenue/VAT where there is evidence of fraud.

If it is so, is it something to do with 'on behalf of the crown' ?

Link to post
Share on other sites

Hi Powelll and others,

 

Forgive this quick intrusion

I have seen that reference to time limits not applying to CCJs elswhere on these forums.

Are you sure? I have never seen that position stated anywhere else, perhaps it's one of those things where everyone assumes - everyone else knows!

I cant understand why there would be an exception to the six year rule, excepting cases like Inland revenue/VAT where there is evidence of fraud.

If it is so, is it something to do with 'on behalf of the crown' ?

 

100% sure.

 

a few things to bear in mind, however.

 

CPR Schedule 2 CCR Order 26, Rule 5 povides that a warrant for execution shall not be issued without the leave of the court where more than six years has elapsed since the date of the judgment or order became enforceable, and that any application for leave must be supported by an affidavit

 

The other enforcement methods require a hearing, the time delay can be raised then.

 

Also bear in mind that most courts only keep a judgment on file for six year, so if someone wishes to use enforcement they would have to prove the original judgment still stands!

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...