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Hi Guys thanks for getting back so quick - It don't look like I have any options to add a defence now - Claim form issued 17th December. Kind regards Hugh
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By siege_creep · Posted
It's been almost two weeks since I sent the letter before claim to Hermes, so I am ready to start a claim this week. They responded to my email by simply saying that they are unable to help due to the fact that delivery was booked through Packlink. I can post the text of the email here if this helps. Here is my claim draft (found example here and altered for my case): -
Ofcourse you wont be playing twice. i think you dont fully understand how a secured loan nor a ccj works. You should have a charge dated from when you signed up to welcome against the property. That reminds until settled. The fact someone, could have been welcome more likely cabot ? Got a default ccj in oct 2014 doesn't change anything with regards to what you ultimately pay, just a few more fee as it went to court Your credit file will show who got the ccj Your online deeds will show you who owns the charge now. I suspect as welcome vanished in 2012 if not before i suggest the debt was sold on ? And the above won't show welcomes name?
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What date of issue on the claim form ? Andy
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Many thanks..yes I did not want to give any indication that I was aware I had parked on the site at any point especially written down. That said I will keep the new entry in. Do I need to add their ref no etc at the top of the letter and or date of infringement?
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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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