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    • Appears to me that the school will evidence that there was a contract in place as you paid for several years of schooling.  There is then a period when you were unable to pay the school fees and the argument is about the performance of the contract. Because the school could not provide the education services in the normal way, they will have provided adapted service, with remote teaching being provided using online video and electronically providing course work.          
    • I must say that I don't really understand what is going on with Packlink. They used to be based in the UK – then they folded up here and became based in Spain. This put them out of reach. There are often very difficult to deal with – but recently we've had two or three people who have dealt directly with Packlink and the full claim has been paid up. That looks as if what is meant to be happening here – except as you have pointed out, they've made you promises that they haven't followed up with the filthy lucre. I think it might be an idea to send them another email – with a copy to Hermes – telling them that you have received their promise but you haven't received any money and that if you aren't paid in the next seven days then you will commence the business of suing Hermes as they are in the UK and within reach of a legal action. Let us know what happens. In the meantime – get reading the Hermes stories on this sub- forum.  
    • Shares in Meituan slumped after its boss reportedly shared, then deleted, a Tang dynasty poem. View the full article
    • First of all I've edited your post quite substantially. This is been done to make it more relevant – but also to make it more accessible. It is unhelpful to us and to other people who read this thread to find solid blocks of text that we have to negotiate. At the end of your post you ask if you need to get yourself a lawyer. If you did manage to find a lawyer who is prepared to help you with this, it would properly cost you at least £300 an hour. I'm quite certain that you would present your story to them in an accessible way in order to cut down costs because they would be charging you for every five minutes they spent. Everything here is free – and so as already said, it's not helpful to oblige us to spend extra time restructuring your posts. I understand that you declared the value of £500 but eventually you went on to bring a County Court claim for £1200. I'm afraid that you won't be able to recover £1200. It is clear the contract was for the delivery of an item which you valued at £500 when you arranged the delivery. Unfortunately you have helped yourself because you have incurred County Court costs based on a £1200 claim and the maximum you will be able to recover in terms of costs will be a pro rata figure based on a £500 claim. You said that you expected Hermes to act in good faith. Why? I think it is worth standing your ground and telling Hermes that you are prepared to go all the way to court – but at the same time I think you had better tell the mediator that you are prepared to give up your claim of £1200 and to fall back on the contracted figure of £500. This might give some Face to Hermes as they will think that they have managed to secure some kind of compromise by forcing you to reduce the amount of money you are after. The truth is that you wouldn't be able to get £1200 anyway so you aren't losing anything by agreeing to accept £500. However you should certainly insist that Hermes pays your costs – but be aware that you will only be able to get your costs on a £500 scale and not £1200. You can also tell Hermes that you want interest at 8% from the date they lost the parcel. However this will be 8% on £500 and frankly it is unlikely to be very much. You haven't told us when they actually lost the parcel. Once again, the interest might be something that you would be prepared to give up in order to get your £500 plus costs. I think that will be your best position. I hope you won't mind me saying but that the way that you have conducted this claim so far probably has brought comfort to Hermes because they understand that you are not particularly sure of your ground and this will make them feel more confident. For this reason I think your best interests would be to disengage from this action as quickly as you can – but not for less than £500 plus costs on that scale. Back to the question you asked at the end – if it goes to court then should you get a lawyer? It is most unlikely that you will be able to find a lawyer who is prepared to take this on. It's too trivial and it wouldn't pay them enough. The small claims rules mean that even if you won your case, you would not get your legal costs back and as I've already suggested, you would probably be paying something like about £300 per hour. I can imagine that if you found a lawyer to take it on – and even if that lawyer lost the case for you you would be looking at a bill of £1500 at least. If you won the case, then you would get your £500 and you would still have to pay the lawyers fees. I wish you very good luck. I think you are in a good position if you are prepared to accept £500. However, do be aware that Hermes might quite recently ask you for proof of the value of your loss – and you better be ready with all the bills or other evidence. Please keep us updated.
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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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    • 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
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Capability procedure whilst covered by DDA


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Hi, I would really appreciate some help and advice! I was diagnosed with depression in 2002, after having all sorts of anti-depressants over the years and seeing a counsellor, psychologist and finally a psychiatrist, I was diagnosed as Bipolar last summer 2008, this came at a time when I was off sick for 3 months. I am still seeing my psychiatrist and am still trying to find the right medication as the often prescribed Lithium cannot be given to me as I also have an underactive thyroid. When I was off sick last year I did everything by the book, kept in touch with line managers, kept appointments with OHU, submitted sick notes on time etc. A few days after I returned to work (on a phased return) my line manager had me put on a capability procedure which I signed without question because I didnt understand a thing about it and felt like I had no choice. In it I agreed to not be offsick for 12 MONTHS and if I did in that time I would be put on the more serious formal capability procedure. It was stressed to me that my ability to do my job was not in question (I never get picked up for errors unlike most of my other colleagues - sorry if that sounds big headed but they did stress it was not about my standard of work). I have since found out that I am covered under the DDA with my Bipolar and I am suffering terribly at the moment with depression and am also in the process of changing medication (my symptoms include extreme fatigue, tearfulness, horrendous nightmares where I dream I am going to be murdered or I am trapped in some sort of accident), moodiness, a complete lack of interest in things I once enjoyed doing for example I have not been out socially since August and cannot bring myself to do so...these symptoms are extensive and also include things like constipation and nausea. Having an underactive thyroid makes it all worse too. I dont feel I should be at work at the moment but because I am on the capability and dont come off until June I am terrified and paranoid they will sack me. Can they do this? Am I legally allowed to be put on a capability procedure for the very illness which is covered by the DDA? Should I have been made to sign this a few days after coming back to work? My employer, I feel, is supportive on the outside although I hear conflicting reports that they do not 'believe' in depression and my line manager has told me many times to smile, tell myself depression is all in my mind and be happy because I am a beautiful young girl!! Please please can somebody help me, I can do my job 100% with my eyes closed so it is not like I need to be moved but I feel while I am still trying to find the right medication etc I am too ill to be at work, can anybody enlighten me on my rights? thankyou so much in advance xxx

Edited by Mollyd4
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Hi Molly, & Happy Easter.

You will get loads of good advice on here.

Whilst awaiting others input I would recommend getting copies of your employer's policies (covering long-term sickness, disability etc.) & get clued up on them.

Also make sure you write everything down in a diary; who said what, when etc.

Print off all emails/letters to & from your employers regarding your sickness. Especially handy if you think you'll be sacked.

 

I was in a similar situation a few years ago so I know how hard it is to cope sometimes. I'm sure others with far better advice will add their comments.

I shall keep an eye on this thread and answer questions/help where I can.

Good luck.

P.

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Hi Molly, & Happy Easter.

You will get loads of good advice on here.

Whilst awaiting others input I would recommend getting copies of your employer's policies (covering long-term sickness, disability etc.) & get clued up on them.

Also make sure you write everything down in a diary; who said what, when etc.

Print off all emails/letters to & from your employers regarding your sickness. Especially handy if you think you'll be sacked.

 

I was in a similar situation a few years ago so I know how hard it is to cope sometimes. I'm sure others with far better advice will add their comments.

I shall keep an eye on this thread and answer questions/help where I can.

Good luck.

P.

 

Wow thankyou so much for such a quick reply! I have taken general notes over the years of what has been said (for example when I went sick last year and was subsequently diagnosed with bipolar, on learning I was off my 2nd line manager made the comments 'oh what is it this time fallen out with her boyfriend?', 'hmmm 3 prozac a day seems a lot' she is not medically qualified by the way lol) and I also have letters I was sent. I will keep everything in future so everything is documented. By the way this is the same boss on learning I had salmonella food poisoning (which was diagnosed via a stool sample and not just me deciding I had it) and the doctor signing me off because of severe stomach cramps and diaroheah amongst other things stating 'well its all down to handwashing anyway'...this is what im up against! I look forward to people getting in touch and if anybody needs other info just let me know, thanks xxx

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Molly, although I don't have the experience about DDA, there are people on here who do, and they will see your post and post up. With it being Easter weekend, a lot of people are doing family things, but be patient, and you will get a reply!

 

Now, reading your post, I have no doubt that you can do your job, but when depression is mentioned, many workplaces don't see it as serious and think that you're just "feeling a little bit down". I've been going through depression myself for the last two years and it's not nice at all. People who don't have depression think it's when someone sits in a dark room, rocking back and forth and thinking the worlds going to end, blah blah blah. No, it's not. It's a real condition, and it is so hard to try and live a normal life, especially when you know you can do your job.

 

It's not a state of mind, and something you can just snap out of. You say you're in the process of changing medication, well, from what i know and my own experiences, that can take 6-8 weeks for your body to accept the changes. I'm not going to go on about how you know what it's like to know inside your mind that you are not yourself anymore, as you must experience that every second of the day, as I do.

 

You're already doing the right thing by keeping all letters from your employers. A little pocket diary is also good, for all them times you hear comments made, and you can put it straight in, with the time and who said it. As I say, someone will come on and give you more info about your rights and DDA, but in the meantime, whilst you're getting this information, try not to let them get to you. The day will come when you have all the info needed, and you will be able to confront them with it, and hopefully you will be covered by the DDA, and won't have to endure the stress they are putting you under.

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