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Everything posted by samps_SBM

  1. Hi all, Apologies for the late, reply my case was settled at mediation for the full value requested less the compensation already received, total amount agreed £565. All in all, a great result thanks to all your help, whole process took place over 3 phone calls in a 30 minute period. The first call was the mediator explaining to me his role and how the mediation would proceed, he then asked me for a brief explanation of the case then asked if I would be willing to settle today which I said I would settle for the full amount to save Hermes from further court costs. He explained that in previous cases he's handled the company may offer to settle but not for the full amount, however he will put my position to Hermes and see how they want to proceed. I received a call 5 minutes later and he said Hermes position was that they had already compensated me via Packlink and they have no further liability, I stood firm and stated this is unacceptable and the lost packages were due to negligence from Hermes and this needs to be compensated. the mediator said he will relay this information back to them and a few minutes later he came back with an offer of £300 which they called goodwill. I said I will only settle with the full amount requested and save them from court proceedings, which will blow up the case for 1000s of people who have been in my position. The mediator said he would forward this information on, 3 minutes later he called back saying they have agreed to pay the full amount. Thank you for all your help and continued endeavours I’ll be making a contribution shortly so others can benefit from the same help.
  2. Hi I have just received a date for mediation on the 21/07/21 will be reading up the other cases to prepare myself
  3. Hi I received the Directions questionnaire yesterday so I will fill it in and opt for mediation.
  4. Just as expected they've submitted their defence now, I've attached the PDF, it pretty much is the same as the others I've seen on here Hi all please see the updated version Hermes defence 2.pdf
  5. Good morning, I realised that the claim form was actually issued on the 29/04/2021 not the 28th I previously stated, either way +33day should of been yesterday. I tried to enter judgement this morning but it still says the number of days hasn't passed.
  6. understood, I was starting to hope maybe they've dropped the ball. I've been reading up on the mediation process to prep for that scenario regardless
  7. Hi I want to confirm my thoughts are correct, the claim was issued to Hermes on the 28th of April, and was acknowledged by Hermes on the 30th of April. On the basis of the below taken from the acknowledgment of claim I should be able to file for judgement tomorrow if nothing is received today? "If you file an acknowledgment of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgment may be entered against you."
  8. quick update: I received a letter on the 4th of May, stating that Hermes have filed an acknowledgement of service. It goes on to say that they now have a total number of 28 days from the date of service of the claim to file a response.
  9. Hi all, hope you are well, Just an update, as the 14 days has passed I've now submitted the claim online.
  10. I have now received the £25.00 refund in response to me declining the Packlink's claim amount and requesting the full amount of the parcel. its actually quite bad that both Hermes and Packlink would operate in this manner. I wonder the actual number of people who has lost their funds to these businesses and their unethical tactics Dear Customer, We are pleased to inform that bank transfer or Paypal refund related to goods compensation has been made, 15-04-2021. Mercedes Pedrique Claims Specialist eBay Delivery powered by Packlink
  11. they have responded again today: Thank you for getting in touch with us regarding parcel xxxxxx, As previously advised by my colleague, as this parcel was booked through Packlink shipping, we are unable to issue you with a refund directly and Packlink has requested this on your behalf which is in line with our contractual agreement with them as they have processed this order on your behalf with us. Packlink will then issue you with the refund once you have placed a claim through them. We would have been more than happy to assist you with a claim for the parcel, however our binding contract with Packlink does not allow us to do as this has been booked under their account for you and this is why we have referred you to them. I do hope you can accept my sincerest apologies for the inconveniences caused. Should we be of further assistance, please do not hesitate to contact us. Kind Regards, Melissa ext. 2663 Hermes Customer Services A: Hermes 1 Capitol Close Morley Leeds LS27 0WH
  12. great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021 Hermes just responded to my Letter of claim: Hi Samson Thank you for contacting Hermes with regards to tracking number xxxxxxxxx Please direct all queries through to Packlink Shipping Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them. They have been made aware that the parcel is missing and a claim has been made. I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support Kind regards Nickie ext 2549 Customer Service Advisor
  13. As expected Packlink came back today saying they will process £25.00 claims and sent the postage to my paypal. I have posted the letter of claims to Hermes 1st class recorded and sent them the email aswell I will now reply to Packlink declining the £25.00 and request the full amount is this all the steps required at this stage?
  14. No problem I will wait, and I took that text from the next page which ism the summary page, it automatically adds the calculation of interest and dates to the text. My actual text finishes at the point of total claim amount £595.09
  15. Yea I thought as much, |'ll wait knowing I have done the necessary prep for when to get the process going, just realised I didn't add the court fees £60.00 in to my particulars of claim so I've added that in now as well. The claimant used the defendant's courier service to deliver an item, value – £530 to a UK address. Reference number xxxxxxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £530, delivery fee £5.09, court fees £60.00: £595.09 The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/03/2021 to 11/04/2021 on £535.09 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.11.
  16. this was the last communication I've had from Packlink on 8/04/2021: Dear, After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation. · PACKLINK ORDER: xxxxxx · SHIPPING LABEL: xxxxxxxxxx · CARRIER NAME: hermes_uk · CLAIM TYPE: Loss · CLAIM STATUS: Investigation complete/Transferred to claims department What happens now, when I will receive the compensation? The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days. In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case. the last communication I had from from Hermes 7/04/2021: Reference: xxxx Parcel ID: xxxxxx Subject: Hermes email enquiry You recently requested assistance through our online support pages. Below is a summary of your request and our response. To access your question from our support site, click here Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last, Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you. I am so sorry that you were not provided with the information that you require to make a claim. I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it. Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day. If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home. If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. Kind regards, Angela / Ext 2346 Hermes Customer Services Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now? Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued
  17. Letter of claims Parcel reference number – xxxxxxxx– claim reference number X X X Letter of Claim On 22/03/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers. I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £530.00 plus the delivery fee of £5.09. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully Particular of claims Parcel reference number – xxxxxxxx– claim reference number X X X The claimant used the courier service provided by the defendant courier company to send an item to a third party. The defendant company has admitted that they have lost the item and yet they refuse to compensate the claimant. The value of the item sent was £530. The delivery fee was £5.09 The claimant claims full reimbursement of 535.09 plus interest pursuant to section 69, County Courts act 1984. please let me know if this will require editing? I am still waiting for Packlink to confirm the value for compensation before I go ahead and send the letter to Hermes
  18. Hi having seen the other similar cases I have a pretty good handle of the steps I need to follow I am just looking for guidance around the wording etc to make sure I am getting it right. Brief background: Sold a PS5 for £530 via Ebay and chose Packlink/hermes to send the parcel to buyer on 22/03/2021. I opted for the standard insurance (from this site I am now aware this is not enforceable and should be covered for the full value of the transaction) contacted Packlink & Hermes, as the parcel was still undelivered on the 29/03/21 on the 30th I received a response from Hermes who stated the Item is is "unaccounted for" and told me to liaise with Packlink which I have done Packlink confirmed on the 8/04/21 the Item has been declared lost aswell and will confirm compensation which I will assume will be the offer of £25 I will reject this offer and then send a letter before action to Hermes, I have opened the money claims online and will post both the letter before action and Particulars of claim for review before issuing to Hermes. is there any steps I have missed? any advice will be appreciated
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