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grumpybadger

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  1. No unfortunately as I made the moneyclaim against hermes not Packlink but im happy to forgot about that if it means I don't have to wait and then end up with a mediation etc..
  2. Just an update, I started a claim through moneyclaim and hermes requested more time as to be expected. In the mean time I took 1 last shot at emailing Packlink claims after they auto refunded the £25 compensation and I emailed them the claim form which ended up being escalated to a manager and this morning I've received an email offering a full refund minus the £25 they have already refunded.
  3. OK thank you, I have read around but just need to do it without 2 toddlers pestering me to get the facts written down . Thanks again and il let you know what I get back but assuming the same as every other case on here to do with hermes.
  4. how does this sound, also if it goes to mediation what consumer laws am i protected by do you know? The claimant used the defendants courier service to deliver a parcel containing a mobile phone value £275 to an address in Bristol. When the parcel arrived at the destination it no longer contained the mobile phone and had been tampered with. This was caused by the defendants own breach of contract or negligence with photo evidence of missing item from defendant as "proof" of delivery. The defendants have refused to compensate the claimant. The claimant brings this action under the Contracts (Rights of Third Parties) Act 1999. Claimant seeks the value of the phone £275 plus delivery £2.89 plus interest pursuant to section 69 of the County Courts act 1984
  5. Thanks, I intend on going all the way. Cant let big company's like this try and fob people off. Will send recored today and email as had a response to claim via ceo email and going to draft claim proceedings later on today ready for day 15. Thanks for your help so far.
  6. Just an update, so this is the response I have received from hermes and I will be sending my letter of claim later today.
  7. Did you get the full amount through mediation? just curious as doing a simular claim once i get the first part of the claim form responded to which i know will be the same answer as you originally received.
  8. Thanks for your reply, I'm waiting to see what response i will get but know this takes ages with Hermes. I see on their prohibited items its say the following. Mobile Phone with or without Sim to any Residential address in Turkey/Pakistan So hopefully i have that on my side and am more than willing to go the full process of small claims if needs be. I used to work within insurance and have an idea of how these companies try to bombard you with heavy jargon hoping you cave but eventually give in when you get the big guns out as its not worth their time or money unless is a very big claim. i will keep updated when i hear back.
  9. Hi, i sold an iphone via Ebay and sent with Hermes via packlink. The parcel arrived at the buyers address with delivery not of posted to letterbox! there was a pic of a fairly flat packet poking out of the letter box which looked like the side was ripped and the consumer later on emailed me a pic of what they received ( an empty parcel with the side ripped open). As this is obvious theft and not lost its technically not covered under the loss and damage cover. Now Hermes are arguing its lost and not covered (i never added the extra insurance but again as this is theft it would void anyway) If the courier was competent and the contents went missing before they delivered it then you would think they would refuse to accept an empty parcel for delivery let alone put am empty bag through the door if they were an honest driver. The buyer has reported this and is awaiting a crime reference and i have started the paper trail for claiming compensation etc but just wanted an understanding of where i stand legally. pics attached, the 1st being from the hermes driver where they had "posted the item" the second being from the receiver where you can see the rip in the side (which matches the first pic) which isn't something a delivery person would miss.
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