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  1. Mediation was successful and painless. The mediator spent time getting to understand the situation which I found reassuring. Hermes agreed to refund me the value of the parcel plus postage. At the end I raised the issue of the second parcel; the person the mediator was speaking with was only authorised to deal with court claims. Once the settlement agreement comes through I will contact Hermes and request they settle the second parcel without the costs etc of going through a court claim. I'd decided not to ask them for my court costs (£25) as a gesture of my willingness to negotiate but that was my choice. Thanks for all your help with this, will update as and when things progress.
  2. Mediation set for 3 Feb. I will of course spend some time before then pulling together my evidence and arguments. Their defence was odd (I thought) in that they defended the whole amount and said I didn't have a contract with them, even though they'd already accepted liability and offered me compensation. So just wondering whether the various issues come into play or whether mediation is really just agreeing deal or no deal. Also need your advice on when and how to introduce my '2nd potential claim chip' ... they lost another parcel worth approx the same amount at the same time. Thanks in advance
  3. Thanks, yes they manage to position themselves as being a mere bystander in carrying out their own business
  4. Hi there and happy new year.. Hermes have now submitted a defence and I’ve just received the Directions Questionnaire. Brief reminder of the situation … · I returned 2 parcels to Sportshoes, using Hermes courier collection, each about £230. · The next day discarded packaging was found a few miles from my address · I contacted Hermes immediately · Parcels never arrived at destination and Hermes agreed to pay me max compensation £50 each · You suggested putting in county court claim for one parcel to start with (as identified by discarded packaging) My particulars of claim… The claimant used the defendant courier company to send a parcel to an address in Shipley, West Yorkshire, tracking number xxx The parcel was collected by the defendant but never arrived at its destination and discarded packaging was discovered a few miles from the collection address. This clearly shows the defendant lost the parcel through negligence and/or criminality of an employee and they are in breach of contract. The parcel contained shoes valued at £229.47, plus delivery fee of £2.94. The defendant has refused to reimburse the claimant The defence is ‘interesting’… (a) they dispute the full amount, even though they have already admitted liability and offered me the compensation they say I am owed (£50) (b) they say I did not have a contract with them but with the retailer, even though the link on Sportshoes website goes to MyHermes.uk, I paid Hermes the delivery fee, and accepted their terms and conditions which includes the ‘contract’ So I’m about to complete the directions questionnaire. I will agree to go to mediation, is there anything else I need to do/bear in mind at the moment? Many thanks! Hermes Defence.pdf
  5. Hi there, I sent the letter of claim and there's a week til the 14 days are up. I've registered on MCOL and drafted the particulars of claim, following the style used in other similar cases. It's probably too wordy for you but let me know what you think! The claimant used the defendant courier company to return a parcel to an online retailer in the UK, Tracking Number xxxxxxxxx. Less than 24 hours after courier collection, discarded packaging from the parcel was discovered a few miles from the collection address. This clearly shows the courier service did not use reasonable care and skill and is in breach of contract. The defendant company admits they lost the parcel but refuses to refund the full value of the parcel contents, which was £229.47. The delivery fee was £2.94. The claimant claims full reimbursement of £232.41. Many thanks
  6. ng67860 thank you for sharing your progress through this and useful summary, I've just issued a letter of claim to Hermes and drafting the POC so this has been encouraging to read, and well done!
  7. yes ok thanks, not sure 'Clearly' is accurate, I know it's highly likely but I dont think the evidence per se is sufficient there are other explanations however vacuous. I'd prefer to say theft is indicated
  8. Is the following OK? Should I also, or separately, say I'm not accepting their offer of the £50. Do I not need to include anything about them failing their duty under the Act to have care and skill ...
  9. Thank you. I'm thinking write as an email but send as recorded delivery letter as well? Does it need to be addressed to the chief exec?
  10. Yes I agree, I'll go with the claims separately the 'lost packing' one first.
  11. Thank you that all makes sense. Yes I want my money back but I also want to hold Hermes to account and definitely prepared to go to county court if that's what it takes.
  12. Thank you I've been giving this some thought. Would there be any merit in putting in the two claims at the same time, so they have to respond to each individually but I wouldn't be seen as trying to hoodwink them but pulling another claim out the bag at the 11th hour? I guess though I would incur double the cost in the first place and the argument would be to save both sides additional costs?? I'm not exactly clear what the next stage is, I've read about letters of claim and deadlock... Also if I go through with one claim which will presumably take several weeks, is there any time limit on raising the second claim? Thanks again
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