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By Gemma19194 · Posted
I don't remember exactly what type of vehicle was parked in front of the van, as there was vehicles lined up, parked along my left side. The car that was parked behind the van was MR T's vehicle, if you look at my previous photos i attached, it will explain it better. So as the van pulled out i breaked- the ice skidded my tyers- i quickly tried to swerve to avoid the van ( i swerved in the left direction ) my right side of my car hit the drivers side of his van. The ice skidded my tyers and sent me into the back of the parked car ( mr T's car) -
By BankFodder · Posted
Could this be the same van? Is that where it was parked - even if it was not the same one? -
By BankFodder · Posted
No. Please post them on this forum. Everything is in the open. There is no prejudice or disadvantage to you at all. Also, what vehicle was parked in front of the van? In other words as you are going along, what was the vehicle parked to your left just before the van? And I don't understand what you've just said about you bouncing into a parked car. There was that parked car? -
By Gemma19194 · Posted
I have pictures of the damage to all our vehicles but i don't want to post those on a public thread. Can i do this privately? -
By Gemma19194 · Posted
The van was fairly new i belive but im not sure . in good condition. The Van did not run into the parked car. My car bounced from the side of the van and sent my car into the back of the parked car.
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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-
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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!
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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-
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