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    • no.3.   simple procedure (scotcourts.gov.uk)
    • perhaps you misunderstand, the word hope is not looking forward to it in an emotive anticipated sense, it's to consolidate any harassment report in a technical legal sense
    • In England and Wales you can start an action online to using the County Court moneyclaim service. I think in Scotland it requires a paper issue
    • I think it's getting quite difficult to understand the valuations that you are placing on these items. So I think the overall picture is this. The insurer has said that they don't cover those damaged items. That is probably correct in terms of damage which is caused directly to them by the gardener. On the other hand, it may well be that the insurer does cover that kind of damage when the damage is caused as a result of an insurable risk. In other words, although if the gardener damages your wheelchair directly they may not be any liability, I can imagine that causing damage to a roof by falling through it would be an insurable risk and if as a result of the roof falling in items inside the garage were damaged, then they would also be covered. It seems however though that at the moment the gardener is not prepared to start an insurance claim for you. I can imagine that this is because they are hoping that you will go away – as you have suggested above. I think that you will have to do bring an action in negligence against the gardener and they should be fairly straightforward. You will have to prove that they owed you a duty of care – and clearly by walking on your roof they did owe you a duty. You will have to show that they breached the duty and clearly, by walking on your roof and then falling through would amount to a breach of the duty. No prudent person would go around walking on roofs without taking considerable care to avoid exactly this kind of accident. Then you will have to prove that they cause damage as a result of all of this – and this is where your claim is going to come under scrutiny. You are probably going to have to allow the damaged items to be inspected by a representative of the gardener – and maybe eventually their insurers who will want to understand what the condition of them was before the accident happened and also understand the extent to which they are damage. They will want to understand what the value of the items was before the accident so that they understand what their liability is for replacing those items. They will be looking at the age and the condition of the items. This is all going to have to be done in the Scottish courts and as I have said this is not an area in which I have particular experience – but I hope somebody else will come along and who will help us. I don't know why but over the years we haven't focused very much on Scottish procedure. The law is clear – it's exactly the same whether it is England and Wales or Scotland or Northern Ireland but the procedure for handling it will be slightly different. I believe that the small claims rules apply in Scotland – but only for claims up to about £5000. I don't know if this has changed recently. In England and Wales the small claims limit is £10,000. So to summarise, you have an easy win here but you are going to have difficulty establishing the replacement value of the items which you say were damaged   https://www.scotcourts.gov.uk/taking-action/simple-procedure   https://www.scotcourts.gov.uk/taking-action/small-claims
    • If that's what you told him you did well to pass the attitude test - or maybe he'd just had a really busy day and didn't want more paperwork...
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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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
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    • 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!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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