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Letter of claims Parcel reference number – xxxxxxxx– claim reference number X X X Letter of Claim On 22/03/2021 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 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 £530.00 plus the delivery fee of £5.09. 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 Particular of claims Parcel reference number – xxxxxxxx– claim reference number X X X The claimant used the courier service provided by the defendant courier company to send an item to a third party. The defendant company has admitted that they have lost the item and yet they refuse to compensate the claimant. The value of the item sent was £530. The delivery fee was £5.09 The claimant claims full reimbursement of 535.09 plus interest pursuant to section 69, County Courts act 1984. please let me know if this will require editing? I am still waiting for Packlink to confirm the value for compensation before I go ahead and send the letter to Hermes -
yes and like the previous IA don't forget the failure of no default notice too. specifically pointout the agreement cabot have sent appears to be a manual agreement whereby there should be an area to be signed to comply with the relevant rules of THe CCA and that it appears to be a blank template PDF document whereby anyone can type in/change any pers details they like (easily editable in any PDF program) i would also again pointout the number of times cabot have been asked for various documents that are required under the act to enforce an agreement and many are still missing or what appear to be simply templates. dont forget to add you wish the sheriff to issue an absolvitor and request costs. -
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i've moved you to the local authority parking forum as these are not fake notices from a private parking company (which in most cases can all but be totally ignored) but are Penalty charge notices (fines) from a council. you don't appear to have any reason to appeal either as it's clear? you drove through no entry signs for your of vehicle both times and there appears to be ample warnings. i can't see any route to appeal, nor any other forums indicating there might be a chance of successful appeal. might be better to take advantage of the discount and argue later?
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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!
Picked By
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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
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