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    • Hi all..no it did not come unfortunately. The ‘seller’ Tim emailed me with the date of delivery then he rang my son yesterday asking how we all are!! He then said we would be last on the list for delivery yesterday..   My husband called him and Tim told him to ‘stop stressing’!! The car was ready to be delivered and would be with us. We offered again to collect then he said it was in a lock up and couldn’t get to it..!! Eh???   Then he called my son at 6pm yesterday to say he could not come and he would deliver it today(Tuesday 20th) as no other jobs on and 100% guarantee..!! We know it’s not coming..   I told my husband not to call him anymore as it’s making him feel really poorly which is not helping..   Oh dear we have been scammed..We found 2 reviews for Tim and his company from 2015 and one said he took his money and never received the car and the other said he ripped him off and that person had started court proceedings..    
    • Sue for damages AND a mandatory injunction. Then they can’t get around it by offering damages alone to bring the case to a close.
    • Please monitor for a reply later
    • This looks like the same email address, a warning from the UK FCA about a clone firm with the name.   https://www.fca.org.uk/news/warnings/north-state-clone-fca-authorised-firm
    • Thanks for the very thorough response.    To be honest, I didn't think it was going to be easy, never is and especially not with a company like Amazon who as you state don't have the process in place to escalate to a human to understand this. Merely having a 'bod' on chat who seemingly just regurgitates what the computer tells them to say.    (Side note) - I also noticed we are no longer included in ADR schemes on the amazon web pages for the UK.    To also clarify amazon have issued a returns label on the first damaged table saw, but this has not been collected by Hermes yet. It is currently sitting downstairs occupying 'space' along with the second one.   I would be happy to settle for a Bosch table saw.  They told me they can't order a new one as it is out of stock.  I think it is more prudent to stick to getting a Bosch Table saw in this instance and for amazon to supply it one way or another.    Also I wanted to add something, I have spoken to Bosch themselves and they criticised amazons behaviour in this, they said they are looking at picking up the table saw and replacing the top that is damaged under warranty.  However this will take around 4-6 weeks (at the moment this is an option Bosch are looking into themselves independent of amazon).  If I do go down this option can I get any discount legally from amazon for the hassle?  Or is it still better to peruse them directly and not do this?   Thanks in advance  
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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
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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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
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Office Of Fair Trading Test Case


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Somebody has just told me, and this could be nonsense, that claims in progress could be suspended until the outcome of this is known.

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Somebody has just told me, and this could be nonsense, that claims in progress could be suspended until the outcome of this is known.

 

 

Could they?

 

Both the court and FOS?

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Like I said it could be nonsense. I have not seen anything that supports this. I certainly hope not anyway

Lloyds settled in full

£4010.02:D

 

Halifax CC settled

£417.00 :D

 

Lloyds PPI

£3672.15 Refunded off loan :D

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Share on other sites

Here's the BBA's reaction:

Banks join OFT in test case to establish legal clarity on overdraft fees

 

26/07/2007

 

 

Tomorrow morning a number of banks and financial services organisations(1) are taking the initiative, working jointly with the Office of Fair Trading (OFT) and the Financial Services Authority (FSA), to ask the UK courts to clarify the legal position regarding bank overdraft fees.

Court process

 

Banks believe the fees customers pay for unarranged overdrafts are fair and clear. However, this is clearly an issue where customers, as well as the banks, would welcome legal clarity. This is why banks have joined with the OFT to approach the courts for a ruling on this issue. It is unclear how long the case will last as that will depend on the court process.

Working together

 

The banks have approached the Financial Services Authority (FSA) and the Financial Ombudsman Service (FOS) to agree a way forward to handle existing customer complaints. The FSA has agreed to issue a waiver(2), with immediate effect, to suspend the handling of customer complaints on this issue pending a decision by the court. Other banks who are not party to the court action will be applying to the FSA for a waiver and as such will be bound by the outcome of the court case.

What this means for the customer

 

The FSA has agreed that all existing or subsequent customer claims for refunds of bank charges will be recorded by the customer's bank or building society but any decision about potential refunds will be put on hold until the outcome of the court case. Offers which have already been made to customers will be honoured if the customer chooses to accept.

Banks will be writing to the UK courts requesting a stay(3) of all claims pending the outcome of this test case. The banks will be writing to customers with outstanding complaints advising them personally of their position.

Angela Knight, chief executive of the British Bankers' Association (BBA), said:

"Establishing legal clarity on the issue of bank charges is of paramount importance, not only for the banking industry, but for all customers now and in the future."

"The banks have always been firmly of the view that the fees they charge customers are fair and clear. The court case will clarify these points and provide certainty for customers and banks alike."

 

For further information, please contact:

Press Office (020 7216 8970 )

Out of hours contact (020 7216 8888 )

 

Notes to Editors:

(1)The BBA's members involved in the legal action are: Abbey; Barclays; Clydesdale; HSBC; HBOS; Lloyds TSB; Royal Bank of Scotland/NatWest; and Yorkshire banks; and Nationwide Building Society.

(2) The FSA this morning issued a press release announcing the details of this waiver. This can be downloaded from the FSA website (see link below).

(3) Banks will apply for a Stay of Proceedings on all current and pending cases to the Master of the Rolls for England and Wales, to the Attorney-General for Northern Ireland and to the Sheriff Courts in Scotland.

Related Links

 

FSA website (External Link)

OFT website - questions & answers (External Link)

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To what stage should we continue upto? The LBA still to be sent in or just the first letter? Also how long do we think until this case goes to court? (i appreciate this may be guess work at moment but hopefully somebody with more experience than myself will be able to make an educated estimate)

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I have just read the Notice at the top of this forum

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=11&a=107

 

Does this mean that ALL claims are now suspended ?? :eek:

OR is there are date when this suspension of claims comes into effect ?? :mad:

 

Oh dear, or dear - this could take ages (years even, knowing how quick the OFT are [NOT])

 

What happens next ??

If you think this post has been of help, please click on my SCALES on the left - thanks :-) :-x

 

Peter Anderson

Me Vs Morgan Stanley - WON £490

Me V's LTSB - Private & Bus Acc - £18.8k (since Oct1997)

inc: S.69 Interest (and growing daily) -;)

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Also how long do we think until this case goes to court?

 

high court cases take a long time. Could be up to 2 years or over 1 year.

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How the OFT works

So why is it the OFT have taken the plunge now?

 

Could it possibly be related to the two threats of legal action looming over

them for not taking action sooner? I rather think it could.

 

Here's their record on default charges so far:

 

Credit cards - April 2006: ''We wanted to bring about a swift change across the whole market in the shortest possible timeframe''

 

Bank charges - April 2007: ''There is no quick fix''

 

Bank charges - July 2007: ''The OFT considers that a quick determination of this point of principle will assist in securing a clear and orderly resolution of the fairness of these charges.

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does it apply to all banks and for both current accounts and credit cards or only the banks listed as "Abbey; Barclays; Clydesdale; HSBC; HBOS; Lloyds TSB; Royal Bank of Scotland/NatWest; and Yorkshire banks; and Nationwide Building Society"?

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I've made a claim with the bank but just about to take my court docs to court tomorrow, so do I still do this as well

 

I've had all the normal 'push offs' and time wasting bits

 

Including some brand new T&C's today that don't mention charges

 

It's now "Advanced overdraft service fees", and "Instant overdraft fees" ?? this is the Abbey

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I love the bit about banks "working closely" with the OFT.

 

They are being dragged kicking and screaming into the High Court.

 

"Working closely" in the same way as any other dodgy trader does when he gets collared by Trading Standards.:D

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