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By BankFodder · Posted
Have you put a formal claim into Hermes? I think you should put formal claims into Hermes in respect of each one. I suggest that you leave it about five days apart so that they are treated completely separately. Hermes of course will refuse to compensate you – but then we will help you begin a legal action against them. Once again, I think that your best interests will be served by claiming and suing for only one of them – and then the second one separately once you have the result of the first one. We will help you all the way – but you need to start off by reading around the stories on the sub- forum about Hermes complaints and actions against Hermes. You need to understand the mediation process – and there are lots of good summaries on the sub- forum. Also you should read around on this website about the steps involved bringing a small claim in the County Court. Begin the claims process with Hermes so that you get a denial of liability – and then we will go to the next step. -
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By BankFodder · Posted
Well please can you search everything and get all your documents together. Read them. Understand what you have. And they make sure they are properly filed. Do you have the name and address of the driver? Also I believe that you said that you had received a message from your own insurer saying that you were liable – or something like that. Please can you reproduce that message here – preferably in PDF format Don't respond to anyone without checking with us first. We would want to know why you are being asked to contact people. However, you definitely need to contact your insurer tomorrow as I've already suggested. You really need to find out what's going on, why they have made the decision that they have and you want copies. Don't tell them that you sent them on SAR. Keep that a completely separate matter – but simply ask them on the telephone to have copies of all the documents that they have assembled in respect of this case. Once again, you should be recording this. -
By Gemma19194 · Posted
As i stated above, i found out a document from my draw that admirel had sent me on the 25th of january. I found it out to see if it had any information about the van. Then i saw that it said ' section l -witnesses , then a male name . -
By BankFodder · Posted
You say that you have only just found out that the van driver has apparently got witnesses to the accident. How did you just find this out?
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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-
- 25 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
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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