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    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • 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
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Halifax v the maccas - hold on tight, here we go!


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Well at last we have recieved our bank statements for the last 6 years. I requested them nearly 3 months ago and finally received them for our 2 bank accounts. It is not pretty reading and adding it all up this morning we have £2248 charges on one account and £2303 on the other:shock: . I am a little worried as this seems to be a very large amount to claim for and not sure if I should claim for them at the same time or one at a time? Or should I add them and claim it as one amount? Any advice would be appreciated. I'm now off to go and find the letter I need to send!

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Hi all I think I'm going to claim for the whole amount as it is under 5000 so would still be allowable in the small claims court from what I have read on here?? Is this the right thing to do I wonder? I feel a bit nervous about the whole thing any advice would be much appreciated.

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Well it's sent now, 14 days and I'll know if I need to send an LBA, I am certainly expecting to. Feel I'm on a bit of a rollercoaster, thank goodness for this website. Have already opened another bank account which has been open for a couple of months now, I just need to sit this next bit out. I'll keep you all informed of my journey here.

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Just received an acknowledgment of my prelim letter saying they will get back to me in 4 weeks. Yeah right, the clock is ticking, my LBA goes in next friday if they haven't refunded the total amount. DH and I are getting nervous and excited, can't believe they will actually refund the whole amount really, time will tell though!

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  • 2 weeks later...

Right here's the latest. My LBA went off on Friday 18th, 14 days after my prelim letter. They had responded to this letter by telling me they were looking into it and would take 4 weeks. I am sticking to MY timetable, so when the 14 days were up MY LBA went off. This morning we received a letter from the Halifax saying they would offer £410 as settlement. Although I was half expecting an offer I as still surprised to get it. However it is not even 10% of our claim so I have just sent off an offer rejection letter. I feel I am getting toward the exciting part. Still can not believe they will cough up the full amount, seems unreal they will actually do it! However I am determined to take this all the way - thanks to this site!

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  • 2 weeks later...

OK just about to start my moneyclaim online but need some advice please! Do we put the full name of defendant as Halifax, Leeds address I don't think I need to name the person I have been corresponding to do I? Also as the bank accounts are joint do I put the claimant names as that of myself and my husband or can I claim alone?

 

Many thanks

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Please! I know they are only minor questions but would really appreciate some advice from you wonderful lot. I guess it is the Halifax plc, PO Box 548, Leeds, LS1 1WU address I put as the defendant and we will claim in joint names but if anyone can confirm this I would really appreciate it.

Many thanks

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I have always addressed my stuff to Trinity house,Halifax it will find its way through their system to the appropriate people anyway,replies come from alover the place.I'm sure that address would be fine.regards Nigel

HALIFAX CURRENT ACCOUNT SETTLED IN FULL 9/9/06.

 

N1 form completed 05-06-07,LBA sent 14-05-07,2nd go!Prelim sent 24/04/07

 

Halifax Visa 1.Paid in full

Halifax Classic.Paid in full.

 

LBA sent 14-05-07,GMAC prelim sent 24/04/07

 

Data Protection Act for halifax mortgage 16/09/06.

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Many thanks Nigel I'm a bit wary about using their Trinity House address though because I have sent recorded delivery letters there before that they say they never received. Still like you said they should receive them whether I use either address.

Thanks again

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