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    • 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
    • External Affairs Secretary Angus Robertson calls for urgent action from Westminster over temporary visas.View the full article
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Barclays Additions, Reclaiming charges.


bazaar
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Hi All, having already been paid out for an additions account some time back. I am now dealing with my sons' account.

So heres the story so far. We are currently on the 3rd letter to these fools. Here is script for first letter out>

 

Account Number: XXXXXXXXXXXX

 

 

Dear Sir / Madam

I am writing to you concerning the above account and specifically relating to the 'Additions Plus' charges you are levying on this account.

I have tried to have this rectified at branch level, but the staff appear to be untrained or unable to deal with this matter.

I am not aware that I had previously requested this 'service' from you and subsequently insist on its removal from my account.

Please remove it immediately.

Also, I request that the charges you levied on my account due to going over my agreed overdraft because of the Additions charges be refunded to the account.

Additionally, I require ALL charges for such 'service' refunded immediately.

 

 

Please note that I deem this account to be in dispute and request that no charges or interest be added to it until this matter is resolved.

I believe 14 days from receipt of this letter would be enough time to resolve this matter.

 

 

Finally, please take note that this issue is in no way related to any of the provisions set out in the current High Court “Unauthorised Overdraft Charges Court Action” and as such, will be dealt with separately.

 

 

Sincerely

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Had reply back saying a load of old codswallop. So drafted this reply.

Hope you like it. Will keep you updated on progress.:)

 

Account Number :- xxxxxxxXXXXX

 

Dear Sir or Madam,

 

I am in receipt of your letter dated XXXX March 2009.

In your letter you state that I 'would' have received a Welcome Pack, let me make it clear to you that no such item was ever received by me. I therefore would like you to produce a proof of postage and delivery for this item.

Your second paragraph also tries to explain that I would have asked for this upgrade to be cancelled. But seeing that this statement would come from a non existing 'Welcome Pack' I see your argument falls flat.

Further on in your letter, you seem to be attempting to try and hide behind this ridiculous statement :-

'It is a customer's responsibility to read all correspondance issued and to raise any queries or concerns that they may have.'

You further state :-

'We are unable to be held accountable when this does not occur'.

These crass comments may well be acceptable on Planet Vishal, but in the real world you will now need to supply me with proof of postage and delivery for all of this so called correspondance.

While you are at it, please supply me with my written consent that this 'service' was indeed requested.

If your superiors require me to issue a Subject Access Request for this information, please advise me of this by return post.

I will then submit the legal request.

However, as you clearly state, you would prefer to resolve this issue in an amicable fashion, so I would hope that you can clear this matter up with the associated documentation that would show my desire for this product of yours.

Additionally, unless you can supply me with adequate documentation that clearly shows I requested this “service” from your bank, I require ALL charges for such service refunded immediately.

If the charges are refunded, then I will take no further action, either by way of Financial Ombudsman Service or court.

Please note that I deem this account to be in dispute and that no charges or interest are to be added to it until this matter is fully resolved.

Finally, this issue is in no way related to any of the provisions set out in your leaflet entitled “Unauthorised Overdraft Charges Court Action” and as such, will be dealt with seperately.

I have been a customer of your bank for a number of years and would appreciate a more professional approach to the concerns I have with your organisation.

I expect a full reply within the next 10 working days after receipt of this letter.

If you cannot achieve this goal, please forward me your complaints procedure and the address of your CEO, so we can achieve an amicable result.

Thank you

 

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  • 2 weeks later...

This is great,

 

I'm ready to send my letter off requesting the additions fees are refunded, i'll be using this bazaar cheers. I found out from statements that my account was changed in october 03.

 

Incedently, did you enclose a schedule of the charges with your letter?

 

This is my thread, would be grateful if you could drop in for some advice

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/184111-barclays-additions.html

 

thanks

 

adrian

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  • 2 months later...

OK Folks, sorry this has taken a while, but its Barclays fault not mine:rolleyes:.

 

Anyhoo, Because of the last letter out, and an angry phone call by my son. it was escalated to a higher authority within Barclays ( Probably the next desk along).

The latest letter from Barclays to my son is a bit of a lecture about not informing them sooner, 'you have had statements etc.' .

The last bit is interesting though, ' as an act of goodwill we will pay you 150 quid which represents the first year of your additions payments.'

 

So a result, (not full but). My son is thinking to take this offer and draw a line. ( if it were me, I'd go for more, but thats me.)

He was though quite prepared to go to court with this, we were about to send LBA, then they sent this offer.

So once thats paid up, he will then hit them for the charges on the account, this is purely because they acted so crappily towards him.

 

I guess the moral here is, stick to your guns. If they do not have a legally binding agreement with you for taking money out of your account, they wont risk a court case.

get your facts right and use their stalling tactics against them. Stick to Your timescales , Not theirs.

You must ensure you word the letters to them in such a way that leaves them no doubt that you'll follow this through.

Its your money they have been helping themselves to, time to get it back.:cool:

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Hi Bazaar,

 

How does the £150 offer compare to what they've taken in total.

 

I assume if they had a signature showing YS's consent or agreement to the Additions status, then they wouldn't have offered to repay a penny.

 

This would give YS a stronger argument and I'd seriously consider going back to B's and seeking a FULL refund, or closer to it at least.

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Hi Slick, Yes I'm trying to convince him to get more out of them, as you say why make any offer if theyd got his signature.

I'm thinking LBA with demand for full amount, but he's got to be 100% behind following it through.

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