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david_v_goliath

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About david_v_goliath

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  1. Well if they paid for it, then it seems that the contract is between the retailer and hermes - so hermes losing the package is the retailer's problem. If I were you, I'd email the retailer stating the above, including a picture of the receipt, demanding a refund within 14 days and otherwise threatening to pursue more formal action.
  2. Yes - it's the same person. The were only three people in the balloon - 1) the person who operates the balloon / takes the picture, 2) the claimant, 3) his now fiance.
  3. Thank you both for your replies. I think I need to clarify a few points in relation to issues / questions you have both raised: 1. The "supplier" is Cotswold Balloon Safaris Ltd. The person who operates the flights, is the same person responsible for the photography. i.e. the pilot takes the photos. 2. You are correct, @dx100uk that the supplier is not a wedding photographer (I was simply using that as a comparable situation, in that photography is of similar emotional value, and it is time sensitive - i.e. it needs to be performed at the time of the event, not at some
  4. I am looking for some advice regarding how best to make a claim for compensation, in relation to the supply of a service, and a serious failure by the supplier to perform part of that service. Apologies if this is not the correct sub-forum (please let me know if I should delete and repost elsewhere). A brief summary of the situation is below. I am not the claimant – but I will be assisting the claimant to negotiate with the supplier, and bring a claim if necessary. Summary: The claimant booked a private hot air balloon flight, for the purpose of a marriag
  5. I wanted to provide an update to this chain. I have reached a settlement with Hermes. For the benefit of anyone else going through this process, some notes: The formal mediation process was delayed (I guess, due to Covid). I wrote directly to the relevant person in Hermes' legal department ([email protected] - you will get the names in your claim form, for anyone else going through this process) I played hard ball - I maintained my position in my claim form, I did not give Hermes' (in my view, entirely without merit) arguments any attent
  6. Thanks Andy. Lower down in that link, it also suggests that: I have a right to inspect the document since it is referred to in Hermes' defence (which I think fall sunder 31.14 (1) (a)), that I must provide Hermes with written notice of my wish to inspect it, and that Hermes will have 7 days to provide it. So I will serve notice under 31.14 and 31.15 to Hermes by email, and file a certificate of service with the Court. I don't think I need to wait allocation etc. to make the request under these rules Documents referred to in statements of case etc. 31
  7. Thank you Andy - that's helpful. While I did not refer to the Hermes-Packlink contract, Hermes' defence does, and it does so quite explicitly: "Defendant also works as a subcontractor to provide delivery services to customers of PACKLINK Shipping S.L (“Packlink”) who are a company registered in, Spain with the number CIF B83357863 whose registered address is Calle Amaltea, 9 28045 Madrid pursuant to a pre-existing commercial agreement to carry out delivery services". So I think this means that Hermes should disclose this "pre-existing commercial agreement" in Standard Disclosure.
  8. Thanks both. I received the DQ and have been advised to complete by 9 April and serve on defendant. So I will be sending it by email today - agreeing for referral to the small claims mediation service, and requesting a hearing venue near to my home (although I imagine all hearings will be held remotely for the foreseeable future anyway). I also managed to speak to MCOL on the phone. They didn't seem to know how I could make a request for the court to order the Defendant to disclose documents. They suggested I might file an N265 (https://www.gov.uk/government/publications/form-n265
  9. Thanks Andy. I have called MCOL, and their recorded message suggests that they are closed indefintely. I also emailed, and got an automatic response stating "Following continued advice from the Government, the County Court Business Centre is temporarily closed due to the Covid-19 outbreak". I guess my DQ has been delayed because of this...will wait and see, as it seems there is not much more that I can do at this point!
  10. Thank you for your thoughts and advice! I will do as you suggested. A have a couple of questions on timing and format. On timings: I am still waiting for a mediator to contact me, and to receive the the directions questionnaire. Should I wait on either / both of these before proceeding with the CPR31.14 request? The status of the claim is as below. This suggests to me that the DQ has only been sent to Hermes, and not to me, so I don't know if I'll ever receive it. It doesn't seem to be available on the MCOL website. A bar was put in place for Hermes
  11. @dx100uk - attached now. I have copied the wording into a new document, anonymised it, and added a couple of notes of my own (all highlighted yellow) including for ease of reference to relevant sentences in my claim. I'd welcome your and BankFodder's thoughts and advice! @BankFodder - they refer to being a subcontractor to Packlink, at paragraph 4. CPR 31.14 seems to relate to "Documents referred to in statements of case etc....(1) A party may inspect a document mentioned in...(a) a statement of case". I wonder whether Hermes' wording is sufficient to make a request? And your latte
  12. Hi @BankFodder - I hope you are keeping well! I have finally received a response from Hermes to my claim. It is a full defence. Hermes admits that it has lost my parcel, puts me to strict proof as to the value of the claim, but denies that it is liable to pay damages claimed for break of contract and/ or negligence. It asserts that there is no contract between Claimant and Defendant, and that Claimant enterted into a contract with Packlink, which was made very clear during the order process, and that Claimant should desist with this claim and contact Packlink. Hermes does not ever
  13. What a pain. Your case is very similar to my own. I suggest you read the following link, and follow the advice posted on there! https://www.consumeractiongroup.co.uk/topic/419960-interesting-packlink-hermes-ebay-claim-where-does-the-liability-lie/
  14. Served on 16 Feb. On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below): "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 1
  15. No to putting it in a WS? Do you mean I should put it in the detailed POC instead, or not at all?
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