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    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. 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 defendants 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 £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
    • That's great work.  Well done on both the content and the level of snottiness.  That's exactly the sort of thing your wife should send, let them know she's sussed their sordid scheme and will be big trouble for them if they do court.  Fancy trying to charge her for overstaying for one minute!   Excellent "Dear Philip and Sian" research, I must confess I didn't know who ran PE, this will be something to suggest to Caggers in future PE cases!   If none of the other regulars object invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office. My Road My Town My County My Postcode Date Your Reference No. Dear Philip and Sian, Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up! Now, you know that your claim has no basis and I know that you know that your claim has no basis Your can either drop this hopeless case or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and I’ll be able spend some of your ill-gotten gains. Me
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I have just checked with the Court and Halifax have still not filed a Defence. I also found out that I can file an Application to enter Judgement by Fax provided that the document is dated and transmitted after the last day for filing a Defence.

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Very handy to know.

 

Would you need to do this before going to Wales then ?

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Not really. I will complete the form with Friday's date and take their fax number with me. Then I will find a fax machine early on Friday morning and send it to them.

 

Timing is quite important because the Court say that if the Defence is received at any time upto my applying for Judgement then they will accept that Defence no matter how long after the 28 day deadline.

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If you take their number too, you could double check that they had not submitted anything before you fax in....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I will have their number with me but they cannot tell me definitively whether a Defence has been filed on 3rd August until 10-00am on 4th. This is because 'phone lines operate from 10-00 to 4-00 whereas their office works behind locked doors from 9-00 and until 5-00pm.

 

For that reason I intend to fax through the Application to enter Judgement at 9-00am on 4th August which will take precedence over any fax or letter received from the Halifax on that day after the time of my fax.

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  • 3 months later...

In terms of my own action, I have been sitting on my hands awaiting the outcome of jonni2bad's action to have the default removed and I was sorry to learn of the outcome.

 

The situation on my accounts is that following the refund of charges I have a residual overdraft of £800 and two savings accounts with a total credit balance of £1,100. So the net effect is that Halifax owe me £300-00.

 

However, as I posted previously, I have no access to any of the accounts and when I check online I can only get to the "My Portfolio" page listing the accounts and balances and no further.

 

At least, that was the situation until this morning as when I checked "My Portfolio" my current account - which as I have reported before is now called cardcash account - had a zero balance with a similar reduction in one of the savings accounts; but still no access available online to the other accounts.

 

I have endured several 30 minute plus phone calls which I made to Halifax, Blair Oliver Scott and Wescot. In the case of the latter firm they say they knew nothing about my savings accounts, yet when I spoke to the Halifax they said that there were markers on the accounts and I needed to speak to Wescot. That is a very brief synopsis of what has gone on although I should add that I have sent several letters to the Halifax which I always send by fax as well as by mail. Needless to say, I received no reply.

 

Having read jonni's report I have now decided to apply for judgement to be entered against the Halifax. Presumably the bank will respond by saying they have paid the monetary claim to which my response will be that I have received nothing. I will then apply for an Order regarding the default notice. However, I suspect I will have to commence a separate action under the Data Protection or Consumer Credit Acts to achieve that purpose.

 

There is a side to these actions which does not appear to have been used. As we all know, the bank are settling without admission of guilt or liability. However, I do not think that they can do this literally hundreds of times and still pretend there is no liability on their part. I intend to make that point if my case comes to Court. I will seek to liken their claim of no liability with the blanket statements of no liability for hats and coats in a restaurant for example.

 

Finally, another interesting twist to this case is that the default letter which Halifax sent me was dated 5 days after they wrote to the Court acknowledging my Court Claim which I think places them in an awkward position.

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  • 2 weeks later...
...Finally, another interesting twist to this case is that the default letter which Halifax sent me was dated 5 days after they wrote to the Court acknowledging my Court Claim which I think places them in an awkward position.

 

Yes, perhaps you are well aware of this and have taken appropriate action, but if not and if it's not already too late, refer to:

http://www.consumeractiongroup.co.uk/forum/halifax-bank/37423-you-can-stop-default.html?highlight=if+your+account+is+in+dispute

Regards,

Bean

Lloyds TSB - 27/11/06 - £6377 paidrest with FOS

 

SETTLED

Cap One - 6/10/06 - £875

Lloyds TSB (MC) - 20/10/06 (BY DEF) £372

Hitachi Cap - Nov. 06 - £207

Citi Cards - 28/12//06 - £220

Monument - 23/1/07 - £889

Barclaycard (Mrs. Bean) - 19/2/07 £376

Opinions / advice of Bean are independent, informal, without prejudice, without liability, not CAG endorsed. If in doubt, ask a qualified professional.

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