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  1. Thanks for the summary @BankFodder The amount is correct and I appreciated for not being judgmental of that 70P. If I were not aware of this forum, I would have not gone down the right route. I have donated everything without the 70p (because that 70p is important! LOL). I know it's a very small amount hope you don't mind. Thanks for continue to help people fighting cowboys!
  2. Sorry it has been taken so long. Myhermes changed the date once and I just had my mediation yesterday. I would like to share my experience. First, the mediator asked me about the background of the case. I said I am covered under status "Contracts (Rights of Third Parties) Act 1999". I offered full amount without 8% interest. She came back with the replies from myhermes saying that I should've pursued packlink and packlink would have compensated me. (LIAR) But they are willing to pay the my offer minus 70p (paypal fee). I told her I will only settle with my original offer (no interest) and this is the last and final offer, I emphasised that I understood her time is precious and I did not want to waste more time on this matter. Furthermore, I stated I am fully prepare to bring this matter to the court to have this set as a precedent for other if I have to. She wasn't quite happy with what I said, saying that I would be wasting taxpayers' money if I refused to settle for just 70p. I said 70p is almost 10% of my claims and in my point of view they are the one who is wasting taxpayer's money. Furthermore, it is ridiculous that they wanted to lower down the offer given that it was so little to begin with. She argued I am not claiming for everyone but just myself. I repeated I am going to bring this case to the court as a precedent for everyone. However, she did mention this kind of cases will not end up in the court normally. She went back with myhermes and came back to me with that extra 70p. I mean 70p is a very little amount. But I do not want to back down. If everyone does the same, this company will continue to rip people off. Thanks @BankFodderand @Andyorch. And everyone shared their stories on this forum. The amount of my case is insignificant but people are so kind and helpful. I learnt more everytime I read more stories here.
  3. @Manxman in exile Sorry I might have confused you and everyone reading my post. I definitely need to clarify this part. I used the term "LBA" to refer the literally meaning of Letter Before Action (any actions , e.g. My action to dispute this transaction to AMEX). Not only the action to bring a case to the court. Basically, I sent an email to the merchant in 2019 before dispute the transaction to AMEX (nothing to do with the court). And I sent an email(s) to the merchant few days ago of taking them to the court.
  4. @Manxman in exile Thanks for asking. The LBA (regarding AMEX dispute) to the merchant I sent that back 2019, and the chargeback with AMEX was unsuccessful. This time I sent a LBA (regarding small claim court) on 22 May, in fact, I sent another email (24 May)asking about of their registered company's name and address for small claim purpose. They haven't replied me any of the emails. @dx100uk Thanks for dropping this information. Hopefully I will be able to use utilise this (if I am lucky enough, fingers crossed). If not, this will definitely beneficial to people like me.
  5. Yes you're right... I thought "I knew it all"... I gave them seven days because this is not the first time I sent this kind of "LBA" to them, I sent one before for Amex dispute. So I mentioned as "this is not an old case I am going to give you 7 days".... Nevertheless, I guess I will give them 21 days now. Thanks for putting me on the right path
  6. @BankFodder Thanks for the remainder! Yes I will notify FOS before submitting the case. I have submitted my version of LBA on 22 May.
  7. @BankFodder @dx100uk Thanks for the advise! I have already sent them a LBA and I mentioned 7 days... Sorry now back to my previous questions, which "company" name should I put as the defendant of the case? Futhermore, I cannot draft my case on MCOL due to the Scotland post code, do I need to submit the case by post? TIA. p.s. Japanese whiskies are so over priced....... p.s. oh I imagine I have to wait 21 days even I put 7 days on my letter right
  8. @BankFodder Yes, they only wanted the photo with necks for refund. We could not provide as we have cleaned up the box once we had taken enough photos (of the mess inside). Our bad anyway. We did not expect the merchant would request us to dip our hands into that mess.
  9. @BankFodder That's a good question. We simply got nothing to return apart of that dented bottle. (and we should've returned in fact) The merchant insisted for photos rather than returning anything.
  10. Thanks for valuable comments guys. @BankFodder @dx100uk @Andyorch Sorry it took me sometime to dig up the whole incident to refresh my memories. I truly appreciated the inputs they are extremely helpful. They are opener of my dead-end(s). It is a £1267.80 refund (3 bottles) of the whole order ( 5 bottles) Yes, the merchant refused a refund of a picture of 3 bottles' neck and I could not provide. ( Amex took this and rejected my chargeback) I did not contact DPD ( not DHL, sorry, poor memory) because... I did not think I have the right to claim ... I thought It would be more straightforward for the merchant to escalate with the delivery company.... learnt my lesson the incident happened on 1 July 2019 ( not April 2019, again, so sorry) DPD 01072019-1-compressed.pdf Emails exchanged with merchant and invoice email with merchant-1.pdf
  11. I am going to stick this post in here as this is another very helpful post. Notes to myself
  12. Thanks dx100uk, Yes, these are the websites I have also hyperlink in my last message. The company names are not matching. They also listed on google map. Oh no, when I look at the Scotland court it says "Simple Procedure" by default I thought that would be kinda easy....
  13. Thanks for the input guys. really appreciated. After a few researches, I think it would probably be more reasonable to escalate the matter in Scotland court rather than England court. (the complexity and it seems more enforceable on imposing liabilities on the defendant... I THINK) However, the name of the online shop doesn't match with the registered company showing on gov website by searching the same address. (same owner) Although I have emailed the shop regarding this matter. The online shop has the tendency not to reply problematic emails. Is there a way I can relate the registered company on gov to the online shop? TIA.
  14. The defence from Hermes Parcelnet Limited, TIA Adobe Scan 23 May 2021.pdf
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