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By BankFodder · Posted
Thank you for this – and thank you for the donation. You need to check your PayPal email address because that was the email which was used for it. It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing. Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it. -
By BankFodder · Posted
Just to add, it may well be that the camber was slight – but coupled with the momentum of a vehicle, sliding on slushy ice, it doesn't take much to add that little bit of extra speed or momentum to a skidding vehicle Also, you say that there was "not a lot of bend" at that site. Frankly I disagree. I think there is quite a pronounced bend and also the position of the van – which is roughly in the position of the white car in the image below – was pretty close to the band and if you imagine that it had started pulling out before the OP appeared and started to make its manoeuvre and was far enough in to the road to have a gap done its left-hand side that a Vauxhall Corsa could pass down, then I think that the bend was sufficiently aggressive to have been of concern to a prudent driver – who was parked on the wrong side of the road, who was trying to cross the carriageway to proceed on the other side of the road who had parked close to a bend and he was aware of the icy circumstances. In fact if we take the width of the van at 72 inches – 6 foot. In order for it to be far enough out into the road to allow sufficient gap for a Vauxhall Corsa to pass down it, it must have been all of 11 foot into the road. The OP tells us that she lives there – and maybe she would be kind enough to measure the width of the road where the van was. It is a narrowish stretch of road -
By hellothere124 · Posted
Yes I got the full amount back including compensation for the hassle and SAR that I requested as per the claim plus the court fees (£60 initial fee + £77 warrant fee). They had not adjusted it at all. Am sure you're as surprised as I am that they didn't respond. But I do think they knew they had no defence against the conversion of property point, and backed by how quickly the judgement was issued by the Court. All positive and I hope whoever goes through something similar can use this as an example! It is your property and they are just providing a service regardless of the T&Cs! Yes that donation is from me but not sure why it came from another email! See attached the judgement with my details redacted. All the best! Hermes_GucciBag_Judgement.pdf -
By BankFodder · Posted
Thanks. Yes I found it a little difficult to express the whole thing. Also, after having seen the description of the van – and having checked on the Internet, it seems to me that the van is a Ford Transit Connect and the width is 72 inches – which as you say, is not exceptionally wide. However, the width of the vehicle is not crucial. It simply an element. In fact no single element is crucial – but taken together, it clearly adds up to a risk – an unnecessary risk which eventually led to an accident. I would venture to say that if it had not been close to the band then there would have been a clear line of sight from both parties. If the van had not been part facing the flow of traffic, then he would not have had to move out so prominently because he would not have been trying to cross over to the other side of the road. He would have had a line of sight in his door mirror. If you hadn't been so prominent then the OP would not have had to swerve onto the inside of him – but in fact could have swerve to the other side of the road where there was no parked cars and there might have been no accident at all. All of that. This I'm not at all confused about what I'm saying – but I may not have expressed it very well. However it is something that needs to be worked on. It certainly seems to me that there is no evidence of any analysis or detailed assessment of the situation by the insurer or anyone else. The OP has made a single statement using a telephone app to the insurer and the insurer has formed their decision on the basis of that. If there have been other statements from the van driver or anyone else, then we haven't seen them. Also, I'm well aware of the road conditions at the time and of course this will probably have affected things. The OP was required to take the conditions into account. We are really not sure what speech she was travelling at. That some point she said 30 miles an hour – which is probably too fast – but as far as I can see she has not said this at all in her statement to the insurer. Finally, not only does the OP have a duty to take the road conditions into account – but so does the van driver and every other road user. -
Bankfodder, you have made a number of assumptions, not least of which is that the van was a 'wide' vehicle. However, the pictures that the OP has provided show that it is a Ford Transit Courier, which is no larger than a medium size saloon car. You question the OP's statement that the van was stationary but other statements that the vehicle moved out into her path. It is clear from her previous posts that as she approached the line of parked vehicles on her left, the van pulled out into her path and crossed into the opposite lane, but then stopped at an angle in her path , at which point she attempted to swerve to her left to avoid it, clipping the offside front wing, The affect of braking on the slushy ice and the impact sent her into the rear of the vehicle that was parked behind the gap vacated by the van. There is little camber and not a lot of bend at that site, (Your use of the word crest is associated with an incline, better description is apex for a bend) I think you have probably confused your self which in turn will confuse the OP
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 27 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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