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Everything posted by Tubcat

  1. Yes, I'm happy to wait until the Monday before sending if you're able to help with the rewrite? It would be good to make a start sooner, so I feel confidence about completing it by the Monday. Thanks
  2. Hi, I was just checking the Post Offices guaranteed next day delivery service. Seems it's possible. I'm happy to wait until the Monday before sending if you're able to help with the rewrite? It would be good to make a start sooner, so I feel confidence about completing it by the Monday. Thanks
  3. Ok, lets go for the Friday the 22nd. I'm just not confident that next day delivery on the Monday would get it to both parties before 4pm on the Tuesday. Thanks for your continued support
  4. The 23/24th sounds a bit too late to post the material to the court and EVRi. I'd like to get them sent ideally by the 20th. My original claims form contains a detailed chronology of the case, so I was thinking of just sending this along with a detailed appendix of all my supporting evidence i.e. photos, screenshots and correspondences. I'm not sure there's much else I can include apart from a witness statement from my partner?
  5. Sorry my mistake, material needs to be sent before 4pm 26th April. The instructions say that the material needs to be sent to the court using the address given. So I'll post two sets of material to the court and EVRi.
  6. Attached is a redacted copy of EVRi defence. I'm happy to edit my witness statement (previously uploaded) if you feel it should be shorter? In addition to my witness statement I was also going to include a witness statement from my partner corroborating my account. EVRi Submitted Defence.pdf
  7. The date for submission is the 24th April but I'll try to submit it this week if possible. I haven't received their bundle yet.
  8. Hi Apologies for not updating this thread recently, my claim is still ongoing although nothing much has happened yet. After receiving the expected defendants response from EVRi disputing the claim, they had agreed to mediation. After waiting to hear a date for mediation, EVRi must have then decided against it as I received notification that - "Mediation did not resolve the claim" and the claim will go to a hearing. I was sent a Judgement Order requesting me to submit my witness statement to the court and 'the other side', including any other witness statements and accompanying documents. I don't want to deviate from the evidence I've already submitted so I was going to just send the court and EVRi a copy of my claim form as my witness statement. I will also include photos and other evidence along with a witness statement from my partner. Does this all sound ok? Many thanks for your continued support and advice
  9. This one ... Make a court claim for money - GOV.UK WWW.GOV.UK How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and EX350.
  10. Excellent, thanks for you speedy response. One question I have regarding starting the Money Claim. Do I use the Money Claim Online website or the new online claim service at Gov.uk? It seems like the newer service offers a better experience for filing the details of claim.
  11. Hi I've been doing my reading around on this forum and have issued Hermes with a Letter of Claim. They have responded by directing me to Packlink and denying that Hermes is responsible. My letter of Claim gave Hermes 14 days before I commence legal proceedings. I've drafted the Claim Details and chronology which I'll post below. If someone can offer any feedback, it would be much appreciated. Thanks Hi Sorry for not responding sooner. I’ve only just had to reimburse the eBay buyer for the items they purchased which were damaged and crushed during the Hermes delivery. I’ve been reading around the different Hermes/Packlink topics on the forum as well as reading the official government guidance and I think this is the course of action I have to take; 1. Send formal Letter of Claim to Hermes (uploaded below) informing them of the damage to my shipment, my financial loss and giving them 14 days to reimburse me before I take action in the County Court. 2. Start the Money Claim online. I’m a bit confused which of the two system I should use – can you advise? MCOL - Money Claim Online - Welcome WWW.MONEYCLAIM.GOV.UK Make a court claim for money - GOV.UK WWW.GOV.UK How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information... 3. As part of completing the online claim I will submit a Particulars of Claim detailing the facts of the case and timeline of events (uploaded below). 4. Hermes will probably send a standard letter disputing my claim at which point I will be sent an additional questionnaire by the Court and asked to pay extra court fees. I should both fill out the questionnaire and pay the fees as well as agreeing to mediation if applicable. 5. Should it go to mediation then I’ll follow the advice offered within this forum. Any pointers and advice much appreciated. I’ll be posting the Letter of Claim to Hermes in the next day or two pending any feedback.
  12. Yep, I've got photos of the damaged lights and all the packaging. Can upload photos here if that would be helpful? Haven't started formal proceedings yet, just wanted some advice on the strength of my case. Will kick things off this week if you think I have a case?
  13. Hi After reading the many invaluable accounts on CAG, I think I have case to bring against Hermes and would like some advice on this please. I sold two light fittings to the same buyer on eBay and paid for postage (both lights together) using Hermes via Packlink. The value of both lights was £250 and I also paid for enhanced compensation. I bought proper packaging material and a suitably sized box from a packaging retailer. I packaged the items extremely well and took photos of the packaged items. Annoyingly, several weeks later the buyer reported the lights as damaged and requested a full refund via eBay (they were just within the refund window). I opened a claim with Packlink uploading necessary photos of the packaging and lights before and after the damage. Packlink completed their initial investigation stating that; However, their claims department incorrectly asserted that I had used Packing Paper and rejected the claim due to insufficient packaging. I have tried to get them to reconsider based upon their incorrect identification of the packaging material – it was Shredded Cardboard much thicker than Packing Paper. But so far they have not come back to me. I’ve tried to contact Hermes but can’t get beyond their automated bot with my reference number, as it just tells me to take it up with Packlink. Do you feel I have a case to start a Money Claim against Hermes based upon the following points; The damage inflicted upon the lights (they were very badly bent and misshaped), suggests that they were subjected to manhandling far in excess of that you would expect in transit. And given the fact that Packlink stated that “the carrier has confirmed that the shipment was damaged”. Any advice much appreciated. If I do start a claim, I’ll update this post with all the details. Thanks
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