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  1. You get a timeslot for your mediation appointment. It took a good few weeks to get the appointment. During mediation I received a phonecall from the mediator, who asked me if I am willing to compromise and negotiate. When I said that I want the full amount that is owed to me - the mediator became very displeased. She became very pushy, saying that for this mediation to work - I need to be flexible. She asked for a summary of the case, and when I started talking - she rudely interrupted me saying that she does not want to hear the whole story. At this point I thought that if she wants a "one sentence" summary - she can just read the particulars of claim. I explained the mediator that if we go to court - it will be in my local area, and Hermes would have to send a representative from their main office in Leeds, which will cost them a lot more. Also Hermes risks to get a judgement made against them. Bad publicity and a precedent of such cases against Hermes - can be created in court. Also, I told that Consumers Rights Act is defending me against Hermes's negligence. She became rude again, saying she knows all that and that she will convey this to Hermes. End of phone call number 1. Phone call number 2: she called me back and asked to send her the proof of the items worth, as apparently Hermes has not received this. I told mediator that this is a lie, and I have recorded evidence of uploading receipts of the costs of the items lost - to their platform. Phone call number 3: after sending my receipts to the mediator, she called me back saying that Hermes had a look through receipts and agreed to pay the full amount without going to court. 2 weeks down the line - Hermes has send me the money to my bank account. In February 2021 Hermes has acknowledged of losing the item. End of July 2021 - I won the case. All in all, it only took me 5 months and a lot of stress to receive my money back.
  2. Hi. I just want to say a HUGE thank you to everyone who helped me in this forum (and BankFodder in particular). My mediation appointment was successful and Hermes has agreed to pay all the money that I am owed. Mediator was a bit rude and tried her best to negotiate the lower price. I have followed the advice on mediation which I found in this forum - and was firm with my position of getting either "all or nothing - and we go to court". Hermes has "caved in" and agreed to pay all the money that I am owed + interest+ court fees. Today I have finally received the money transfer to my bank account. I hope my case will help other people who are in the same situation and were made victims of Hermes negligence.
  3. Thanks BankFodder. I have filed a DQ to Northampton ccbc and indicated my local county court. On money claim online website it shows that Hermes has also been served with DQ. I have done some reading about the mediation process and previous mediation stories in this forum - so I am now waiting for a mediation date to be arranged.
  4. Sorry for the mess in the forum, please find a pdf of Hermes defence attached to this post. Hermes defence.pdf
  5. Hi. On the last day - Hermes has finally submitted the defence. Not sure if this is the tactics Hermes use - to drag these small claim court cases as much as possible. So Hermes defence is:
  6. Ok. Thanks. This means that Hermes has a deadline to file their defence, until 24th of May. I hope they miss the deadline, so I can be the lucky one to request the court to make judgement against Hermes. I guess I play the waiting game now.
  7. An update on my case: HERMES PARCELNET LIMITED filed an acknowledgment of service on 23/04/2021 I guess this is the standard response from Hermes, as they intend to defend all of this claim. If I understand correctly: if Hermes files an acknowledgment of service - they have 28 days to file a defence, from the date of service of particulars of claim. Or they can dispute the jurisdiction of the court within 14 days of the date of filing this acknowledgment of service. Which I don't think Hermes will do, as they unlikely to have a written evidence in support with the application notice.
  8. Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.
  9. So, if I understand correctly from reading other cases on thia forum, I need to monitor MoneyClaim so that I can apply for judgement the first moment it becomes available. This will be in about 14 days unless they acknowledge the claim in which case it will be 28 days for them to come up with a defence? If understand correctly, Hermes might contact me and offer to pay fraction of a cost of the mobile phone they lost/stole, if I drop the action - and that I should refuse this offer. Hermes might also contact me an offer to pay the full cost of the mobile phone + all my court fees – and I should consider accepting this. Hermes might put in a defence so that the matter is then drawn out and I will then receive a questionnaire which I should complete. This would ask you if I wanted to enter into mediation – and I should refuse mediation or should I agree for mediation to take place? It will also ask which court I want the hearing to take place, and I should indicate my local court. I should pay the hearing fee to continue further, as Hermes may well be waiting to see whether I am prepared to pay the hearing fee. If I pay the hearing fee, then Hermes will realise that I am serious and they are looking at a court hearing. At this point they might contact me and offer the full amount + court fees. Do I understand the sequence of events correctly? Thanks.
  10. LBA has been sent today with a 1st class signed letter. Thanks for your help. Now I will wait 14 days, before going for the next step. Thanks.
  11. Thank you so much BankFodder for your help and for amending the letter of claim. It is a lot more precise and up to the point now. Here is my final amended LBA draft: Letter before court claim Dear Hermes Parcelnet Limited, Re: item lost in network - Samsung Galaxy S9+ 128GB (Grey) Reference: ????????? Parcel ID: ???????????????????????? I have posted my item (Samsung Galaxy S9+ 128GB - Grey) on 21.4.2021 using your delivery company. My item has not been delivered and subsequently has been found as being lost in your Hermes network. A Claim form for compensation has been filled on 4.3.2021. On 31.3.2021 I have received a response from your company - stating that you are only happy to pay me £24.20. I do not find this outcome to be satisfactory. It is your responsibility to deliver my parcel as per contract agreement between myself - the sender, and your (Hermes Parcelnet Limited) delivery company. Your insurance requirement against your company's negligence and failure to delivery my item - is an unfair term and is unenforceable. I am once again requesting a full refund of the item price of £195.99£ + 4.20£ delivery fee (total: 200.19£). If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Yours sincerely ??????????????????????
  12. Sorry, I did not mean to be disrespectful. I understand that a lot of people were in the similar situation as I am, and a lot of people will continue to be - until government decides to shut down Hermes. English is not my first language, and this court experience is new for me. I have done some reading about similar cases that were discussed in this forum. My understanding of the court action and sequence of events: 1. Complain directly to hermes and wait for them to offer 20£ + delivery fee, hermes will use the defence that I did not take their unlawful insurance (done). 2. Write and post + email a letter of claim (also known as LBA) - I will do this on monday as advised. Reflecting on previous LBA suggestions I read in this forum - I feel my letter of claim might be a bit too detailed and list the unnecessary timeline of events. Also, I am not sure if it is a good idea to be quoting any of the legal acts in my LBA. 3. Wait 14 days and on day 15 - start money claim online case. I have already saved a draft of particulars of claim which I have posted in this thread. Maybe it is worth adding crime reference number from West Midlands police to my particulars of claim? I already made Hermes aware of police crime reference number in my previous emails. My understanding in brief: then I issue a letter of claim, Hermes eventually files a same defence they use for all cases. The matter goes to mediation and Hermes will try to knock the claimant down a few quid. If I refuse to accept any money less than what they owe me - then they eventually "cave in" and settle. I understand, that the whole thing will be a test of how far I am willing to go. I am prepared to make trouble. I am prepared to issue a letter of claim. I am happy to pay a claim fee to begin the court action and also pay the second fee in order to move the claim to a hearing. I am not going to reduce my claim at mediation and not going to take less than Hermes owes me.
  13. Sorry, I have misunderstood that LBA is. Initially I thought that an email would suffice to give them notice of potential small claims court case. I have now compiled an LBA using citizenadvice form, if it looks ok - I will try and send it on monday via royal mail first class with proof of posting. I assume I should post LBA to this address: Hermes Parcelnet Limited Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH Here is my draft LBA letter: Can someone please take a look to see if my LBA is ok. Thanks.
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