IKS
Registered UsersChange your profile picture
-
Posts
20 -
Joined
-
Last visited
Reputation
1 Neutral-
Thanks for your quick response. In fact as part of defence they have tried to mislead by not acknowledging the fact that I had paid 9.96 for delivery which included insurance up to the full amount of the parcel contents. I am going through the sub forums too which is really helpful.
-
Got the defence & counter claim while I was away from the Country and have my mediation call on Tuesday 6th April at 2pm.Any suggestion on how to proceed would help. That's my claim The claimant used the defendant courier company's services to send a parcel containing jewellery, dress and bottle of perfume value £179 to a UK address. .The delivery fee was £10 Tracking number XXXX. The defendant has lost the parcel yet refuses to compensate the claimant. The claimant seeks reimbursement of £189 plus interest pursuant to section 69 of the County Courts act 1984. The defence and counterclaim: The defence states: I have been put to strict proof as to the value of claim. The defendant denies liability. Some parts of the claim are admitted:i.e. claimant entered into a contract with defendant. Second sentence is admitted. Third to sixth sentence are neither admitted or denied Excluded items: The terms of contract exclude the defendant's liability as the parcel involved a parcel that we do not accept for carriage. The goods involved are prohibited or excluded items. Def. denies any compensation as contents had an excluded item. the claimant knew or ought to have known existence of excluded items. Then usual limit or liability clause:which limits the liability to 20gbp and then in the end the defendant states: as the claimant did not opt to increase the level of compensation for the parcel and therefore, pursuant to the terms of the Contract the claimant is entiteled to maximum compensation in the sum of 188.96. The claimant states in the claim form that she is claiming 214gbp. However, as explained above, it is denied taht the defendant owes the claimant this amount because the parcel contained an excluded item which is exempt from compensation.
-
Sorry, my bad I got POC and service of documents going on in my mind. Thanks for pointing out to the respective links to me and thanks for your patience. Regards
-
I meant when and which letter would I need to serve on the defendant? What do I do now that I have made the payment. Thanks
-
The Claim status says requested so maybe I need to wait ?
-
Hi, I have made the MCOL payment and filed the claim. Should I now print the PDF letter and send it by recorded post to Hermes? Thanks
-
My wife had purposely purchased the dress by cash so that her friend didn’t have a problem to return, exchange or get money if she didn’t like it. The gift receipt was put in with the package and the cash receipt is lost.
-
The items were a present for my wife's friend for her 40th Birthday.
-
Hi, I wonder if not having receipts would make my case any weaker though I have the tag of the dress which was sent. Thanks
-
Thanks for your prompt response. Should I delete the detailed particulars part then as there is no further information than the emails exchanged between them and myself for discussing the lost parcel ?
-
Hi, I have filled the claim form with these particulars. Do I need to mention about the court fees and postage costs of notice served ? Looking forward to hearing from you before I pay the MCOL fees. Another issue is I don't have the receipt for the dress I sent as my wife bought it cash and had put the gift receipt in the parcel so that it could be exchanged if required. The perfume bottle was a gift which was being passed over so don't have a receipt for that either. Only have the receipt for jewellery. Thanks
-
Hi Happy New Year. Sorry couldn't reply earlier as got busy with planning a holiday which never materialised. I got the date wrong and mixed the months. I meant 12 december not november, So waiting to pay the MCOL fees on 5th January. Will get in touch again in the new year. Thanks
-
Hi, I have sent the claim letter as per my previous post by giving 14 days notice by registered post too. In the meantime, I have received this response today to my claim letter by email sent on Saturday 12th Nov. Do I still need to wait for my registered post letter to be received by them and then pay the MCOL fees? Reply from Hermes: Thank you for your email. As advised on several occasion this claim has been rejected as the parcel contained prohibited items. The decision on this claim is final. If you wish to pursue legal action please send all further correspondence to our legal department via post to our head office address which can be found online. This is our final response. Hermes Claims Department
-
I have sent the claim letter with an amendment to the date giving them 14 days from yesterday to respond. Do I need to send the claim letter by registered post as well? I know the notice definitely needs to be sent by registered post.
-
Thanks once again for your patience in gong through my posts but I think you might have missed my Third post which is a claim letter i sent today with a response date of tomorrow as I had already written to them on 4th December and asked them to respond with 7 days i.e. today 11th December but they responded on 8th Dec and I sent a claim letter today (3rd post) informing them that I would issue a claim on 12th December. Should I amend the date to 27th Dec and give them 14 days from tomorrow? The amended date with draft letter is as below: (Please let me know if I need to add anything with regard to why I have amended the date). Thanks Also note that I have read and soaked up all the info with regard to various cases...and think my case is quite strong as I took out insurance too when I didn't need to. As an aside is it possible to contact you privately on any other email address or phone call to discuss some other crucial details as I am not comfortable putting everything on the open forum. thanks
Latest
Our Picks
Reclaim the right Ltd
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS
The Consumer Action Group
×
- Create New...
IPS spam blocked by CleanTalk.