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By honeybee13 · Posted
Hi. You're in good hands with BF and Andy. Is it these people? http://www.decorium.co.uk/ HB -
By BankFodder · Posted
There has been no reply to the above question and so I am assuming that the claimant is prevented even from revealing that information. We have to respect their adherence to the agreement. However, nothing prevents me from speculating that the mediator would not have been allowed to impose a gagging agreement on either side and so I speculate that it is Hermes which wants to hide behind a gagging agreement and to prevent disclosure of how the negotiation went and how they were eventually obliged to pay the claim plus costs. Of course if Hermes really want to play this game of trying to gag people – then fair enough – but what it means is that people might decide to resist the gag from Hermes and instead insist on going to the County Court for hearing. Hermes will not be entitled to gag people when there is a County Court judgement against them. When there is eventually a County Court judgement against Hermes which discredits their prohibited items list for last items and discredits their so-called insurance scheme and also discredits their attempts to hide behind a contract with Packlink – when these things eventually happen then Hermes and the rest of the courier industry will be exposed. Then there will be a tsunami of claims and also I hope there will be a tsunami of back claims from people who have been unfairly/unlawfully deprived of their proper compensation because of the unfair treatment by Hermes and the other players in the industry. -
You need to reply to the Letter Before Claim. How about - Dear CEL, cheers for your Letter Before Claim. My local supermarket has completely run out of toilet paper in these dark days of lockdown and panic buying, so it was very kind of you to give me a hand. Now you know and I know and now you know that I know that your app is useless and your case is total pants. You also scored a big own goal when you tried to sneak in £82 Unicorn Food Tax. Remember DDJ Harvey's judgement at Lewes on 24 April? Not very happy with these made up amounts, was he? You can either drop this foolishness now or get a good hiding in court. Up to you. I quite fancy a well overdue holiday once all this COVID stuff is over and your financing it after an unreasonable costs order under CPR 27.14(2)(g) would do nicely. See if the other regulars want to tweak the letter this evening, then send it off tomorrow with a free Certificate of Posting from the post office. Well done on all the detective work you've done in sussing out you could only pay by phone which doesn't work, if they are stupid enough to take you to court further down the line you have all the evidence to smash them. I don't really see the need to send a SAR in this case, the evidence is all pretty clear, you tried to pay by app and it was rubbish. -
By BreadAndButter · Posted
SO, next letter - i guess I state im needing debt advice and a 30 day pause on proceedings? Send asap by post Civil Enforcement Limited Horton House Exchange Flags Liverpool L2 3PF Dear Sir/Madam, In response to your most recent correspondence: I am seeking debt advice but I deny any debt, the case must be put 'on hold' for not less than 30 days under the PAP for debt claims 2017. -
Can we see what he sent please And did you send the letter in December? Need to see that too Dx
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
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
BankFodder, -
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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
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786-
- 31 replies
Picked By
waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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