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Everything posted by Droony19

  1. 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?
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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
  8. 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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