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No problem I will wait, and I took that text from the next page which ism the summary page, it automatically adds the calculation of interest and dates to the text. My actual text finishes at the point of total claim amount £595.09 -
By MrSnuffles · Posted
I like that approach. I can imagine a fine gentleman with a top hat and monocle! "Good day sir... I SAID GOOD DAY!" -
By BankFodder · Posted
Actually on second thoughts, you had better wait until you get their final response as to how much they're going to pay you. -
By BankFodder · Posted
I don't understand why you think you need to wait for an evaluation by Packlink. You declare the value with eBay when you dispatched it. You can send the letter of claim straightaway. In terms of the particulars of claim, I don't think you need to add all the stuff about the calculation of interest. That comes automatically with section 69 of the County Courts act. Are you able to fit all that stuff above into your draft particulars of claim? -
Yea I thought as much, |'ll wait knowing I have done the necessary prep for when to get the process going, just realised I didn't add the court fees £60.00 in to my particulars of claim so I've added that in now as well. The claimant used the defendant's courier service to deliver an item, value – £530 to a UK address. Reference number xxxxxxx. 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 £530, delivery fee £5.09, court fees £60.00: £595.09 The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/03/2021 to 11/04/2021 on £535.09 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.11.
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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!
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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-
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