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Everything posted by sussexbloke77

  1. @both - thank you!! DQ arrived today and I will complete and return - seems odd this part is paper based but hey ho. Says I need to serve copies to other parties - do I ?!? In the meantime I'll compile/finesse my answers/evidence ready for mediation. Thanks!
  2. Apologies for delay, half term and family illnesses have stunted progress. They submitted defence on 22/10 which is below: To keep things in one place my particulars of claim were: So they're saying: - Not us mate, go to inpost - Laptops were excluded - I certainly cannot find any evidence of this, valid defence? - They're saying it wasn't tampered with - I have materials that show this of course Will do some more reading and come back with a draft response in due course. Thanks!
  3. Thanks .. I didn't read this bit on the claim form So it reads like they get 14 days to respond with anything, if they dont you can apply for judgement. If they do respond with something (anything) then they get 28 days. 30/10 I will apply for judgement. Assuming they don't come back with anything in the meantime.
  4. According to the claim form the service date is 5 days after issue date so that would be 2/10 which they ack'd on 4/10 meaning I can apply for judgement (28 days later ) on 30/10 - is that right? When I try to obtain judgement today I get this info: That reads as if I can claim judgement 14 days after the service date, which would mean i can apply on 16/10 ... I had put in my diary to apply for judgement this Sunday - presumably for this reason. ZERO intention of hanging around
  5. So this has been the only activity on the MCOL website, anything I need to do? Doesn't seem so. Thanks!
  6. Item sold for £750, but I only saw £654 of that after fees (what I actually lost out on). I mention it becuase on eBay invoices etc.. the £750 is mentioned. If it's not needed, I'll just declare the value as £654. Thanks!
  7. "I'm seeking £629 + interest + court fees of £70." ...from my letter of claim to Hermes: Value of item = £654 (£750 less eBay fees) Postage = £5.65 Packink sent me £5.65 + £25 So my loss is £629 + interest + the £70 MCOL fee Thanks!
  8. Time to complete the moneyclaim part as there has been no response from Hermes. Draft particulars of claim below Let me know what you think, thank you!!
  9. Sorry for the delay, I was emailing [email protected] and I was getting (slow) responses. No use of course, but they did respond
  10. In their email response to me they said, and I quote: "In terms of your question regarding your 'Rights of third parties act 1999' we are not able to deal with any companies bookings under Hermes, for delivery/collection, these companies all wish to to deal with all their own customer." Thanks for claification. Particulars of claim are for the moneyclaim bit right?
  11. Awesome, I always waffle. Presumably I can keep the fact that they lied about 3rd party rights for the claim itself should it go to court? Or is it just superfluous? Thanks!
  12. So sorry for the delay, life has been nuts. Had some back and forth with Hermes and Packlink send me £25+postage but nothing fruitful - time for letter of claim. My draft below and feedback appreciated! Many thanks again!!!
  13. Will do .. at first I was a bit suspicious until I googled Because of this thread post: ..in my next steps, bullet 2. I wait for claim rejection first? I guess I've already got reason to be salty even before they ask me to go away. Massive thanks for responding so quickly!!! I will follow your advice and post drafts shortly. OT but didn't want to create another thread so quickly .. I had an issue with a parcel that went walkies in December last year, they strung me along for months and I got my £25 back in May and was so exhausted I gave up right away. This was DPD but it was basically incompetence, they tracked it around the place and then said it had been lost .. big box of hifi equipment - not exactly playing cards. Can I go for that too? Or too much time passed? Or is lost in this way simply not the same as theft en-route? Cheers! Adam
  14. Nice laptop (c. £750 worth) sold on eBay Bought inpost shipping via packlink which of course ends up with Hermes No extra cover taken - silly boy, but reading this place maybe not? Arrives on Sunday, package tampered with and devoid of laptop I have Pics of packaging on arrival, clearly tampered with Video of unboxing, showing it is indeed empty Doorbellcam footage of the delivery .. you can tell it's empty by the way it's being handled and also the tampered tape A crime reference number, in fact they already attended in person - good eh? Spoken to Ebay, who shot me over to packlink started claims process with packlink - they'll pay me £25 no doubt and send me on my way Next steps: Wait for the £25, ask for the full amount, get knocked back Submit formal complaint, wait 2 weeks Submit letter of claim, wait 2 weeks, then submit money claim stuff (been through small claims court, to actual court in the end, so familiar with the process broadly) Gaps for me: Who does the complaint / letter of claim go to? Hermes? Packlink? Inpost? All 3? I get the bit of law that says it's Hermes fault regardless of which country the others hide in (rights of 3rd parties) but which bit says I should get my cash back because a criminal working for them stole my laptop and I shouldn't have to insure against that? Many thanks, fantastic place you have here! Love a fight Pic of tampered parcel attached, not really OK for me to post the doorbell footage is it? Oh and forgot to ask ... in the meantime do I refund the buyer via eBay? Am I weakening my position in any way by doing this? Thanks! pix.pdf
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