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anturia

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  1. Thank you for taking the time again to answer to my query. Let me give you some update on what happened this morning. I had my call with the mediator and based on our conversation here, I stood my ground saying that I would refuse the £300 and instead accept the £500 as minimum reimbursement. I could hear he was not happy about my decision and told me immediately he will proceed in going forward to set a date with the hearing and inform the local authority. When I asked if he was going at least try to get back to Hermes to tell them my decision, he said that he wouldn't as Hermes yesterday had given him their last and final offer of £300, so there was not further negotiation on their side. I was a bit astonished to be honest but firm in my decision. He wished me luck and close the conversation. I was ready to go to court. Not even 2 mins later he called me back and said that he actually spoke with Hermes and they accepted to settle my claim at £500! So thank you so much for the great advices you gave me last night; my parcel is lost but at least I know I got the maximum I could claim back from my mistakes.
  2. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?
  3. Hi, I have read a few to be honest, but I didn't find something that was actually the same to me. Many stories involved 3 parties (i.e. customer got a parcel lost with Hermes as delivery company but bought in Ebay or other), other regarded only the full cover or standard delivery and other had a smaller value (i.e. £100) and they were happy to settle at the mediator point. I might have missed some and I will look at it now in more details to see If I see something else similar.
  4. But the point they are raising now it is not about the amount declared, but: 1) They won't insure any items with an item value more than £300 2) I have just paid standard delivery 3) Although they accept responsibility of losing my parcel, they send back liability to me as I signed their contract, where in the small print where they say: “For any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in condition 8 below (“Compensation”).” 2.26. 18.2 Clause 7.3 2.27. “The Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery” Subject to clause 8.5 Unless you have taken out our Full Cover, the following limits apply to our liability to you under a Contract: 2.30. 8.2 Subject to clause 8.5, our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of: 2.31. 8.2.1 £20; or 2.32. 8.2.2 the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods) and we will refund your Charges.. 2.33. 8.3 Subject to clause 8.5, our liability for Late Delivery is limited to refunding the Charges. 2.34. 8.4 Subject to clause 8.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of: 2.35. 8.4.1 the level of £300 2.36. 8.4.2 the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.”
  5. I declared £500 at the time of delivery because I had never thought it was going to get lost. It is only when I made the small claim court that i went back and look for the invoices that I realised the damage was greater. To the £900 of invoices, the £70 of the service I then added an estimate value (about £200) of other gifts and personal items.
  6. Hi, long story short, Hermes lost a parcel which was supposed to deliver from my home to another location in London. When I paid for the service, I only paid standard delivery but I claim the value was £500. They offered me £20 standard refund. I refused and file a small claim court. When I filed the claim, I realised the invoices in my possession for items inside the parcel were over £850 + other personal items which I don't have the receipts. my total claim was about £1200. They refused my claim and today we had a call with the mediator. They offered me £370, which is given from their maximum cover + cost of the small claim court fee. I have until tomorrow morning to answer to this. Should I refuse and proceed with a court hearing? They claimed that I have signed their contract so I was aware of their rules and responsibilities in case of a lost parcel. I believe that was not clearly stated, but what are my chances? I do have proof (invoices) of the items which were inside the parcel.
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