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By BankFodder · Posted
Yes. Monitor the county court website around the time of the deadline expiry in case they miss it. In that case applying for a judgement immediately. Don't wait -
By BankFodder · Posted
Why don't you simply redact your documents like everybody else does. It's extremely helpful to other people to understand what others are doing. That way we all benefit from each other and the only loser is Hermes -
Ok here is another angle, what if the buyers are obtaining a mortgage to purchase the property, will that impact the process? -
Scaffolder has ignored my requests to ascertain his intentions. So I have sent this today. Dear Mr ………….., In order to comply with HSE legislation you are liable to ensure the scaffolding installed at my property is safe. Regular checks and notices need to have been applied since it’s installation on 16th December 2020. It is my view the scaffolding is now unsafe as you have failed to properly apply this legislation with the regular checks and notices and have removed planking and parts from it rendering it less safe as it now stands and for others to dismantle. My inspection also identifies some loose uprights which appear not to take any weight. In order to remove further continued risk of harm I require you to immediately dismantle and remove the scaffolding. I expect this to occur within the next 48 hours. In order to mitigate continued risk should you fail to remove the scaffolding by Saturday 22 May 2021, I shall arrange for the dismantling and storage of the items. Storage costs of £20 per week will apply along with the costs incurred in dismantling. In order to avoid escalating this matter, I therefore encourage you to arrange via text message, to remove the items. Please text to…………………... I suggest you to do so without further delay. If there are further costs due to you relating to any extra work you have done which has not yet been invoiced or for which you have not been paid (referring to the £80 you alluded to on Monday), I will take the pragmatic view in order to bring this matter to a speedy conclusion, and will be happy to take care of that once you have dismantled the scaffolding and are ready to leave site. Further should you fail to remove the scaffolding, the Torts (Interference with Goods) Act 1977 allows me to sell goods left at my property. The Act states I must serve notice stating my intention to dispose of the items, how you can arrange collection, and that disposal of the items will not begin until the notice has expired. I am now also giving you notice in accordance with the Act to remove the abandoned scaffolding from my property within the next 28 days of this letter. For the avoidance of doubt, I will also issue a summons in the County Court on 15th July 2021 to recover any costs incurred in dismantling or any other amount I incur should the items not be sold or are sold for a lesser amount than the fees incurred. Should this matter remain unresolved on Saturday 22 May 2021, I will also report the matter to the HSE. However, I remain hopeful none of the above escalations will be required and I expect you will agree your removal of the scaffolding by that date will settle these matters subject of course to the additional £80 you alluded to the other day. Yours sincerely -
No..... you wait to see if they submit a defence by the date required......33 days from date of service...and if not you request judgment. Andy
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Mediator point - Hermes lost my parcel and it is offering just a partial refund of the total amount requested. What's next?. https://www.consumeractiongroup.co.uk/topic/434633-mediator-point-hermes-lost-my-parcel-and-it-is-offering-just-a-partial-refund-of-the-total-amount-requested-whats-next/&do=findComment&comment=5109422-
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
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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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BankFodder, -
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