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Everything posted by hakawaka92

  1. summary of what I can remember what happened: So my booking slot was from 9-11am and they called around 9:40. The mediator started with the call asking a brief history of what has happened with my case with Hermes. I had given my stance on it and she explained how Hermes denied responsibility and that I should have sued Parcel2Go as that was the contract i signed with and not Hermes. I explained that the ‘Third Parties Act’ protects me from this and makes Hermes liable. She then took what I said and spoke with hermes. About 10 mins later.. She came back saying Hermes have insisted that it is my fault for not suing parcel2go. I rejected their claim and this is when she started saying how this isn’t part of mediation and I should cooperate. I pointed out that I am cooperating by not allowing them to mediate here and not go via the courts. I would be doing them a massive favour as a court judgement could set off a major precedent not only for Hermes but other couriers. 10 mins later.. Mediator called and said hermes still are denying responsibility and that I should have sued Parcel2Go but (drum roll) as a good will gesture they would pay me £300. She also mentioned again how I need to compromise so I said okay, I’ll knock off the insurance as a good will gesture (£4 or so). She then also mentioned that I didn’t have insurance and I said that this is irrelevant and not in their defence. If Hermes want to discuss about insurance then they should go about it in the appropriate way. I did throw in that if they want to talk about that then the consumer rights act protects me from this too as my goods were in their control, they had admitted losing my parcel so they failed with the duty of care. She then went back to Hermes. 10 mins later.. Hermes came back with a “final” offer of £570 and that they won’t pay the courts fee. At this point I just wanted it over and done (needed to get ready for work) so I stopped the lady half way and said “okay, you can go back to them and say my final offer is they pay half my court fees”. She went back Few mins later.. Mediator called back saying that Hermes have accepted my offer which was £605. Overall, the process was fairly straight forward. The mediator wasn’t difficult but was insisting to cooperate a bit more. If you want to cooperate just stick by saying you are cooperating by not letting it go to court. There was some bits I may have forgotten to include however, you just have ensure you say you are happy to go via courts. You are not concerned. My mediator did try to throw me off saying they have already court cases and won (which I didn’t really believe tbh). I also insisted that I am sure she is aware that Hermes lose parcels all the time. Even though I gave in to £35. I am extremely happy with my outcome and I very grateful for the admin on this amazing site. I have offered to get a type up of my notes done to help anyone else reading this and others who are facing this huge problem Hermes (Evri). I haven’t had time but I am on annual leave from Monday so will get it done Good luck everyone and thank you to the admin for the amazing support. My donation coming shortly after this post.
  2. MEDIATION CASE WON AND CLOSED! Just a quick update for you all as I don’t have much time but will give a detailed response later/tomorrow morning after work. But to summarise: It was agreed at £605 from £640. @BankFodderi hope you aren’t too disappointed but they called later than expected so it got to the point I just wanted it done rather than the whole back and forth thing and needed to get ready for work. Overall I am ecstatic that I (we) defeated these crooks. just want to say a huge thank you for the team here helping me with this and I will put up a donation later today (if I forget will be tomorrow). i am also going to produce a word document which I hope helps the team here too and other people which could maybe be added to your library? once again, thank you so much It’s really appreciated!
  3. Great thanks for that!! also I don’t know if you remember but the parcel eventually got to the customer after weeks.. but it was tampered with. Hermes insisted that it was still lost and in their defence mentioned nothing. bit worried if they some how found out and bring it up. Anything I can do incase if it arises? It is my understanding that any changes they bring to the table they need to pay for all the changes etc.. thank you
  4. Just realised my post didn’t send.. so as my claim is fixed for £640 so means I need to work it out? so I take it it starts from the day they confirmed they lost it or from when I shipped it? And then up until the mediation date? thank you
  5. Yeah I noticed that. Shame really after all the help you offer. Maybe they couldn’t be bothered getting their money back..
  6. Yeah, i understand how the mediation happens and have ready the summaries but it was mainly a bit nervous as hermes are adamant on solely the point around me not suing parcel2go. Anyway, i do feel better than i did when i last wrote it after reading some more. I have read more than a handful of cases of **WON** cases but is there a way i can only see these cases rather than pending ones? I was trying yesterday but i found too many unresolved pending. But with the interest, who works that out? I don't know how it's worked out is it added whilst on the phone to mediator?
  7. Thanks for the additional info! Just to clarify.. "Make sure that Hermes realise that if they try to defend on these points, this will be the last time that they have a do it." so in other words they will lose the case and this goes out to the public/media etc.." i have been reading around most my evening (and now) of any other cases i could find around the forum. So have a few additional things.. I might be wrong but i haven't seen any other cases where hermes have only pointed out one thing as their defence. In a way makes me slightly more nervous but i trust the points i give back in response should be ok. Proof of evidence? I don't recall giving proof to them but i can get an invoice from eBay (requested it just now as i didn't know it only stays for 90 days!) I believe i should actually have reduced my amount by £1 as i would have been charged an ebay fee. I can't quite remember how the ebay refunds work with fee's. Interest? How much interest would it be if it's asked? I am partially thinking if the mediator really wants me to compromise, the only one i will do is removing this (possibly). But like i have ready elsewhere is to stick to my guns. Thank you sir, i should probably get some rest now
  8. Thank you for the some more details again, it is much appreciated. I have made these into notes of my own words so should be very helpful. My item isn't on the prohibited list so they shouldn't come with that but at least i have a good response to them if they do. I hope that it goes this straight forward haha! If i feel anything pops up in my head i will drop another message. Everything is on here anyway I will post on here on the day of what's happened! Thanks again!
  9. Thank you for that recently I’ve been getting a bunch of spam etc that’s going in my emails. I wish I hadn’t of used that email address in hindsight so completely missed it. I’ve had a lot going on the last month so I don’t think I was concentrating very well. Regarding the insurance, I didn’t get insurance with Hermes. you’ve already given me some brilliant pointers but is there anything else I could possibly be ahead of? I know from reading others posts on this not to give in to them at all. I’m just thinking worst case scenario if I keep rejecting their negotiations will this end up in court? I know it would definitely not be in their interest but that just concerns me slightly! i am sure you have also heard that Hermes changed their name too? Would that be worth bringing up to mediation? Just find it ridiculous how they have now changed their name because of the rubbish service they have given
  10. Just to let you all know that my date for the mediation is on the 17th of this week. Feel very fortunate as I didn’t see the email and contacted them earlier today and was able to confirm to attend. I have already started doing some prep and I’ll be working nights tonight so will give me time to do some more prep. Also have Wednesday off too. it’s on Thursday morning so I will let you all know how it went. @BankFodder is there anything specific you want me to take note of for that day so I can send back on here? thanks
  11. Hi all, I haven't been able to give a reply until now, I have a lot going on at the moment so hasn't been my priority right now sorry. Thank you Bankfodder so much for the detailed response, i have paid attention to the effect of the Contracts and over the weekend will be going through and making key notes to start preparing for whenever the date comes back to me. Once i get my notes ready i will post it on here so other people looking at these forums can use it as a reference to help them. The N244 thing is useful to know, thank you for that Also @BankFodder i apologise i have come across like that, i did think i had already sent over the defence it was only until i was asked i realised i didn't do it so quickly responded back. I didn't think i needed to update any further until i received an email confirming that it was going to go via mediation. Nonetheless, sorry i about that. I will update once i get a date, hopefully it's not too long. Once this Friday ends I will be able to be more active on the forum. Thank you all again
  12. It’s been a long time guys! I hope all are well.. I have an update now after waiting so long.. Today I received an email confirming that the case has now been referred to a Small Claims Mediation Team and will be contacted soon regarding a date. thank you so much for your help and will inform on here right away when I find a date
  13. Update: Hermes has been given an extra 14 days to respond to your claim. They need to respond to your claim before 4pm on 29 December 2021. as expected lol
  14. Sure will do sorry. I can confirm that this has been submitted and Hermes have till the 13th December. See you guys before or on the 14th ! thanks for all your help
  15. I have uploaded some screenshots with some of the details, i think it's all good i hope! I will be sending it off tomorrow (today) later in the afternoon thank you @BankFodder Screenshot Money Claim 1:2.pdf Screenshot 2:2.pdf
  16. sorry guys, i was away on holiday needed the break! But i am back and haven't got much longer for my claim to expire with Hermes. So as instructed here, i didn't have anymore communication with them 06/11/21 - sent letter of claims 08/11/21 - Hermes responded by telling me to go to Parcel2Go 08/11/21 - I responded back saying I enjoy full contractual rights under the Contracts (Rights of Third Parties) Act 1999. 10/11/21 - Hermes denying responsibility and insisting i go to Parcel2Go due to contractual agreement The expiration should end on the 20/11/21 if i am not mistaken? I am not sure whether non working days are included so might need your help here! I can confirm i registered with Money Claims but just wanted to confirm as i have seen two different money claims but i used this: Make a money claim online - GOV.UK WWW.GOV.UK Make a claim against someone who owes you money or manage an existing claim: small claims court. That claim is pretty much complete, just on the timeline wasn't sure whether to add that i have sent off the letter, when they responded etc.. So i take it once the 14 days have expired i add that to the timeline too and then get this claim sent off! Just to confirm too, that the particulars of claim goes at the very first bit of the application where they ask a description of what happened? Thank you @BankFodder
  17. Hi @BankFodder Received a reply back still insisting that i go with Parcel2Go.. what do you advise i write back to this? thank you I have registered with Moneyclaim so i should send off the particulars claim? Response By E-mail (Arshad) (10/11/2021 02.17 PM) Good Afternoon Hakim, Regarding tracking numberxxxxxzzx Thank you for your response. I am sorry we are unable to assist you with a claim, this is due your contractual agreement being with Parcel2go. Kind Regards, Arshad Khan Customer Service Advisor
  18. Well they got back to me quickly.. but as expected they are telling me to go to Parcel2Go i have attached it as PDF So now i take it i respond as.. Dear Arshad Hermes are fully aware that their victims are entitled to sue them as beneficial third-party is under the Contracts (Rights of Third Parties) Act 1999. You have acknowledged my letters of claims and hermes have less than 14 days to respond. Kind regards Hakim Photo.pdf
  19. thanks bankFodder, i've been away for a few days but have sent the email off and will be posting the letter as first class recorded on Monday morning (printer not working!) I updated the letter of claims stating that i was refunded the delivery fee from Parcel2Go unilaterally and did not agree that this would be full and final which will be deducted from the County Court claim - hermes to be sued I have marked todays date and set a reminder on my phone. I take it 14 days from today will not include the weekends/working days? thank you
  20. Thank you for that. But from your experiences with hermes and parcel2go, I’m correct in saying that it is best to go and sue hermes? I will email back to parcel2go rejecting the money as it is not the full settlement and will send over the letter of claims to hermes. sorry I just don’t want to make a mistake that’s all
  21. So I forwarded parcel2go the email I got from hermes and expressed I am not happy they haven’t gotten back to me as it’s been a very long time. they have now just sent me emails saying they can’t locate parcel and a refund Of £8 is coming. Who do you suggest I send letter of claims to? I haven’t sent it off yet as I’d like an advice on who to first thank you! Photo.pdf Photo2.pdf
  22. @maim.ajm hows it going man, any update? good luck with it so far. Stay positive!!
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