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Droony19

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  1. The mediation went ahead in the first week of January and I was surprised at how confrontational the mediator was. The call started on time and as usual I was asked to briefly explain the situation which was pretty standard. Item posted using Hermes – item never made it from pick up to depot, Hermes deny any responsibility. I was asked if I understood the mediation process and to confirm that I agreed to compromise. I said I was happy to participate and that by way of compromise I would be happy to forgo the interest – but that I was looking for the full verified value of the item (sold price plus postage minus the £27 unilaterally paid by Hermes). I went through the reasoning explaining the unfairness of the policy whereby the customer is asked to take out insurance to protect Hermes from its own negligence and criminality etc. and sat back waiting for the mediator to respond saying she would now speak to Hermes. She didn’t. She explained that this wasn’t a compromise, that mediation does not work like this and that she was ending the call and that I should now continue through the court. I insisted that she puts my offer to Hermes but she refused. I then knocked 10p from my demand which she could then not argue was a compromise and which forced her to communicate with Hermes. I was on the call for about 30 minutes – I’ve read on here that others have ended the call and been rung back several times – I was placed on hold briefly during the mediators exchange with only a minute or so between interactions. The frustrating thing is that every demand I made was immediately accepted by Hermes and it was the mediator who was the obstacle – at one point she even advised me that Hermes had no obligation to pay the costs and that I shouldn’t press for that. I ended up negotiating it up to £350 which is £18 short of the total claimed; but to be honest I was past caring at that point. It is of note that Hermes exploited every deadline and have made the process as long as possible. I had to provide them with my bank details within 5 hours and they then had two weeks to make the payment which they did on day 14. I’m happy with the outcome and that I forced them to pay but it’s frustrating that a company is obviously training their staff to treat their customers with such obvious contempt. I will never use them again and have already bought something on-line from a company but only on the proviso that they don’t use their usual shipping solution (Hermes) – to which they agreed. Thanks for the great work on this forum and to all who are taking action against Hermes – keep it up!!
  2. Had a phone call followed up with an email confirming new mediation appointment in first week of January.
  3. Update - My mediation was to be today - 20 Dec 21 between 1000 and 1200. I've just got off the phone to the mediator who was "disappointed" to tell me that the mediation had been cancelled. This was due to "an intermittent issue" with their IT systems and that they had just found an email saying that Hermes could not attend. She was unable to tell me if this would be re-scheduled or not and that I should follow the court process, probably ending up with a small claims hearing. I expressed my annoyance at this but it was all very woolly with "might's" and "should's" which I thought odd for a legal process. Not sure if this is a new Hermes tactic in light of their recent very bad publicity but looks like I may be off to court - which I am more than happy to do.
  4. I've been waiting weeks. Direct number for the mediators is 03001234593 if you want to make sure you haven't been forgotten. They do seem to have a bit of a backlog though.
  5. Hermes waited for the last minute to respond with a defence predictably. I've received the DQ along with their defence detail which is exactly as you would expect - "claimant did not opt to increase the level of compensation blah blah blah" I'll fill in the DQ opting for mediation and request my local CC location and return to the Northampton address as directed. I have one question and apologies if this has already been covered (can't find it) - the N149A form states I must complete the DQ and file it with the court office and serve copies on all other parties. I'm assuming this means I have to copy the DQ and send it to Hermes?
  6. Hi BF. My claim was issued on 13 September so I'm thinking my 28 days is this coming Monday - 11 October? Hermes filed their acknowledgement on 21 September but nothing has happened since.
  7. My initial stab at the particulars are in post 5 and post 7 was advice to remove most of it. Then post 8 was you saying hold off and wait. Letter was sent. More than 14 days has elapsed so ready to go.
  8. Hi. Can anyone advise if my delaying progressing the MCOL submission following the letter to Hermes is detrimental to any success? I understand people are busy so if advice is unavailable, I can proceed with what I have. Thanks all.
  9. Evening. I got a little side tracked this week but would love to click the claim particulars off tomorrow. Does it look OK? I think it is but being new to this - I quick look over by BF would be great.
  10. My particulars of claim are ready to go tomorrow: The claimant used the defendant's courier service to deliver an item, value – £336.02 to a UK address. Reference number xxxxxxxxxxxx. 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 defendant’s 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 £336.02 + £10 eBay postage cost minus £27.88 received as a unilaterally agreed settlement by Hermes, total: £318.14 plus interest pursuant to section 69 County Courts act 1984 + costs. Cheers all! Comments welcome.
  11. Draft Letter of Claim ready to go if all looks in order. Hermes Corporate Headquarters Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH Date XX Aug 21 Dear Sir/Madam, Re: Item lost in network – eBay item number xxxxxxxxxxxxxx – Value £336 Reference: xxxxxxxxxxxxxxxxxxxx Parcel ID: xxxxxxxxxxxxxxxxx The subject item was posted on 26/07/2021 using Hermes and subsequently lost in your network. A claim form for compensation was submitted on 10/08/2021 including eBay proof of value. On 13/08/2021 I received a response from you stating that you will only refund me £27.88. This offer is unacceptable. The insurance that you offer against your company’s negligence and failure to deliver my parcel is an unfair term under the Consumer Rights Act 2015 and therefore unenforceable. Please make arrangements for payment of the full value of the lost item. If a satisfactory response is not received within 14 days of the date of this letter, proceedings through the county court will be issued without further notice. Yours Faithfully. xxxxxxx xxxxxx
  12. Hi, Another item "lost" by our friends at Hermes. I sent an item sold on eBay which was never scanned again after the parcel shop drop off although I'm told it did get to the Avonmouth depot. Details as follows: Date Sent: 26 Jul 21 what was the item: Lego what was its value: £336 eBay sold price was the item properly declared: Yes was the value properly declared: I think so - is there any way to check? (I have looked but nothing obvious) did you take out the so-called insurance: No did you book this with HERMES directly or did you use a broker such as Packlink or parcel2go?: Direct Was the parcel simply lost? Or is it damaged and then destroyed? Or is it simply damage?: Lost I've filled in the claim form - Just received their very generous £20 plus refund of postage fee and will now reply with a formal complaint requesting full payment. I'll start reading the other posts in prep. Loving your work!
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