Hi all, I had the money transferred from Hermes today, so the claim is now settled. Thanks for all your help and I'll be donating part of it to the website

Yesterday I received the email below form Hermes' legal I replied saying that I would be happy to settle but only if they paid the full claim amount plus updated interest, totalling £309.29. Today Hermes emailed me agreeing to it and saying the funds' transfer has been scheduled. Once I receive them, I will update you guys to close the thread and inform the court that my claim has been settled.

I am not sure. Attached is the court order with my name and case# redactedclaim-direction-order.pdf

Today I received an email from HMCT that this is going to court. I'll read in the forum here about how to prepare the letters that I'll need to serve to the court and to Hermes (have until Feb 14th for that) and will come back. I'll also update you guys if Hermes reaches out with an offer outside of mediation, as I've read others have received. Thanks for the tip on claiming the time spent!

So we spoke over the phone and she said she'd try to book again for the coming weeks. I'm waiting on that, but if I don't hear back from her I'll probably just move this to court

Update: mediation had been booked for December 20th, but close to that date Hermes said they wouldn't be available and requested that it was moved to the 29th. I just got a call from the mediator saying that she could not get a hold of anyone at Hermes, so it was not going to happen today and she'd try to book a new date in the next couple of weeks. Can Hermes just keep not showing up if they agreed to it? And is it now the case to move this to court? Thanks and have a great holiday season everyone

Hi @BankFodder, so yes I have read other cases and the mediation guide here and am ok with the general process, my (now that I read it, poorly crafted) question was geared more towards why Hermes thinks the Act doesn't apply to them and if you think it's worth preparing to comment on that for the mediation call or not - potentially this may just be a courts matter. The Act does have an exception for "a contract for the carriage of goods by rail or road", so maybe that's the angle they want to play when they talk about their contract with Packlink Contracts (Rights of Third Parties) Act 1999 WWW.LEGISLATION.GOV.UK An Act to make provision for the enforcement of contractual terms by third parties.

Hi all, got a response today (after Hermes requested an extension from Nov 1st to Nov 15th. HERMES PARCELNET LIMITED has rejected your claim. Here it is in full: The highlights for me are that they admit they lost and repackaged my parcel with something else: "The third sentence of the Particulars of Claim is admitted." where my 3rd sentence is "The defendant company has admitted that the contents of the parcel were lost by them and that they repackaged the parcel with the incorrect contents." however they say "The Defendant’s position is that the Act does not apply in these circumstances because P2G’s Terms and Conditions do not entitle the Claimant to claim against the Defendant under the Act, nor do they confer a benefit on third parties. ... The Claimant does not have a contract with the Defendant and liability lies with Packlink." I now responded that I wish to proceed with the Claim and accepted Telephone Mediation. You’ve rejected their response Your claim number: XXXXXXXX 15 November 2021 What happens next You agreed to try free mediation. Your mediation appointment will be arranged within 28 days. @BankFodder, anything particular that I should prepare for the mediation? I have my evidence and timelines, and they are only disputing that they are liable (not that the item was lost). Guidance would be appreciated @dx100uk/ @Andyorch FYI - I saw on other posts that the N180 DQ was paper, but perhaps as part of the new beta court claim service the DQ was actually sent online (already received a digitally signed copy)

Claim submitted Your claim number: xxxxxxxxx Download your claim form What happens next HERMES PARCELNET LIMITED has until 4pm on 1 November 2021 to respond to your claim. They can request an extra 14 days if they need it. You can request a County Court Judgment against them if they don’t respond by the deadline.

Next step is to provide evidence (print attached). My idea was to attach the photos of what I sent/what was received (also attached) and my communication with Hermes support. Any thoughts? Not sure if worth attaching the Packlink case as well? pictures.pdf Screen Shot 2021-10-04 at 12.57.40 pm.pdf

Yeah, since it's a new service I'm trying to put in as many info so that this thread can be referenced for other people - in terms of the events I listed, do you see anything that should be added/ removed?

The webiste is asking me for a timeline of events, how's this? 20/08/2021 - I sold a "PNY GeForce GTX 1660 6GB XLR8 Gaming Overclocked Edition MiniITX" graphics card for £290 on eBay and posted it to the buyer using Packlink/Hermes 23/08/2021 - The parcel was delivered to the buyer but, instead of having the graphics card inside, it had an Asos box with a pair of sandals 24/08/2021 – I reported the incident to the Met Police (crime reference number is 4224689/21) fully refunded the buyer, and opened a claim with Packlink 15/09/2021 - Packlink sent me a "Goods Compensation" of £25,00 + "Postage cost refund" of £4,20 and refused to compensate me further 20/09/2021 – I opened a claim with Hermes asking for a refund · 21/09/2021 – Hermes confirmed that the contents of my parcel were lost and the parcel was repackaged with the incorrect contents but refused to compensate me further · 23/09/2021 – I sent a Letter of Claim to Hermes requesting a full refund of the item price, £290, as well as the delivery fee, £5.78, totalling £ 266.58 (290 + 5.78 - 29.20 paid by Packlink) 25/09/2021 – Hermes refused to compensate me and advised that the next step would be to enter litigation with them Screenshot 2021-10-02 at 21.04.42.pdf

Yes, here's the first email their support sent me (I actually copied the sentence in bold and pasted it onto the plarticulars of claim):

Hi, I registered with the new online money claim service and I understand that the Particulars of Claim are what I should in put in this field, correct? Here's the draft (I assume the reference# is for my support ticket with Hermes, not the tracking): I am also claiming interest from August 26th, with the explanation below as to why I'm claiming from this date: "This is the date I fully refunded the buyer who did not receive the item because of Hermes" Thanks Screenshot 2021-10-02 at 18.19.17.pdf

I have not, will do that today and will post here the particulars of claim. Cheers