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    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • 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   
  • Our picks

0433debbie v. NatWest *WON*


0433debbie
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Hi everyone.

 

Just to let you know that I have done everything by the book. Received 3 years worth of statements from Natwest. Ploughed through them for quite a few hours. They actually owe me £3600. I sent the letter before action but received the usual letter that everyone else seems to get telling me that the OFT report only refers to credit cards and not current accounts.

 

I then tried to play on their heart strings (but they dont have any) letting them know that I am a single parent on benefits and that they have taken nearly a years worth of benefits in illegal charges. I didnt even get a response. So on 15th August I took myself off to the local county court where I issued an N1 form. It was fairly easy. Just had to fill in a form regarding income and outgoings and they do the rest for me. Didn't have to pay any court fees.

 

So now I am playing the waiting game. Has anyone else done it this way? Can you tell me how long it took for the court to deliver the N1 to Natwest? Or how long Natwest now have before I can go for the default?

 

Would be grateful for any advice.

Thanks

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Hi Debbie,

I have just filed my N1 by post so it seems we are at the same stage. Best of Luck

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Got notice from court today that my claim was served on natwest on 23rd August and that they have until 6th September to acknowledge. So I am playing the waiting game. Once they acknowledge they get 28 days from the date my particulars of claim were served on them, so that takes me to 20th September. Fingers crossed now.

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  • 2 weeks later...

We are all here to help you along the way so if it gets at all confusing just shout.

George Loveless - “We raise the watchword, liberty. We will, we will, we will be free!"

 

My advice is only my opinion, I am not a legal expert.

 

IF YOU LIKE THE ADVICE I'M GIVING AND ARE HAPPY WITH IT, CLICK THE SCALES ON THE BOTTOM LEFT OF THIS POST AND TELL ME.

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Hi Debbie,

 

Just got my letter from Cobblers!! They intend to defend my claim against them also !!!! Which I Believe is there normal response. Best of Luck with your claim.

Smudgeless

Data Protection Act 1998 Sent 07/06/2006

S10 Sent 21/06/2006

Request Repayment Charges 06/07/2006

Letter Before Action 20/07/2006

Small Claim N1 Started 17/08/2006

 

"I am a rubber duck and you cant break me !!!"

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Well I am still waiting for their defence. They have until 20th September. Cant see that they will ask for more info as I handed everything into the court for service at the beginning. I am counting down the days.

 

Hi Debs good luck but i think you will be getting the same standard defence response from cobblers on the last day!!! but never fear there is always help here.:D

  • Confused 1

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Great news everyone. I got a letter today from my own branch of NatWest from the Customer Services Officer. Offering me £1852 if I settle in full. I sent them a very polite letter back saying sod off I want the lot or see you in court. Was not expecting a letter from my own branch. Wonder if they are changing tactic. Bizarre thing though, their letter was dated 10th April!!!

 

I hope I am not playing a dangerous game cos I really need this money. Am single mum and on benefit.

 

I know I need to hold my nerve. So here goes. But surely it can only be good from here on.

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Great news everyone. I got a letter today from my own branch of NatWest from the Customer Services Officer. Offering me £1852 if I settle in full. I sent them a very polite letter back saying sod off I want the lot or see you in court. Was not expecting a letter from my own branch. Wonder if they are changing tactic. Bizarre thing though, their letter was dated 10th April!!!

 

I hope I am not playing a dangerous game cos I really need this money. Am single mum and on benefit.

 

I know I need to hold my nerve. So here goes. But surely it can only be good from here on.

 

You go for it - sounds like you're close so congratulations. Nice and inspiring for all the rest of us!

  • Confused 1

SNATCHWEST and NOBBETS no scare me!

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I sent them a very polite letter back saying sod off.
:D Love that bit!

Good luck to you, Debbie, you'll get your money, don't worry!

-Warms (Alexandra)-

---------------------------------------------

Whatever I post is just my opinion, no more, no less!:!:

.....................................................................

NatWest=>settled in full, no strings!:D

NatWest creditcard=>settled in full, no strings!:D

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Well today is the day that Natwest should have filed their defence. But nothing has arrived in post. I was hoping for a letter offering me the full amount in settlement seeing as I refused the half settlement offered last week. I will be filing for judgment tomorrow. I know that they play dirty tricks and often file their defence late but I will pip them at the post and try for a default tomorrow.

 

Will let you know if anything arrives in post tomorrow.

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