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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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Lowell Portfolio 1


nishi
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How would I check that??

The most recent letter I received on the 14th of September was as follows:

Dear Miss Jones

News on your credit agreement request

We have been in touch with Sygma Bank UK about the copy of your credit agreement.

They have let us know that they are trying to retreive the agreement from their archives.

As soon as we have it we will send it to you

What will happen next

In the event that we cannot obtain a copy of the agreement we will wrote to you again and inform of this. once you have seen your credit agreement we will ask you to pay your outstanding balance in full.

yours Sincerely....

I am now going to send a copy of the "account in dispute" letter...

Thanks for all your help on this by the way. Im expecting twins, and have been saving like mad for my pram. If I have to pay this, then Its making things very tight indeed!

 

Take care when are they expected (The Twins),

:mad2::-x:jaw::sad:
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You can check online for when they received your request her;

http://track.royalmail.com/portal/rm/track;jsessionid=SFVGYQ12KEYSKFB2IGIVGAQ;jsessionid=SFVGYQ12KEYSKFB2IGIVGAQ?catId=22700601&emt=emt&track=track&default=default&imageRootPath=&loc=en_GB&keyname=track_home&gear=track

 

Debts don't get wiped, if they can't find the original agreement, it simply means they cannot take any legal action against you to enforce the debt, so they won't be able to take you to court and obtain CCJ's or court orders etc, they can still "ASK" you to pay, but the decision is up to you whether you should or not.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 4 weeks later...

Hello again.

 

I received a letter from Lowell Portfolio today which reads as follows:

 

Dear Miss Jones

We refer to your recent request for a copy of the original credit agreement for this account

After liaising with sygma bank uk in an effort to obtain this document we have been advised that it is no longer available due to the legth of time since the account was opened with you

At this time we have closed our file and will not make any fuirther contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from sygma bank uk

 

sincerely.....

 

So I guess thats it then? case closed? I won?!!

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Yes, for the time being you win. But don't crack open the Champers just yet, there is still plenty of time for them to come up with some reconstructed agreement so they can continue their harassment!

Keep that letter and make a couple of copies of it, for when the next coach load of monkeys come along trying to steal your bananas. That is about the fourth or fifth one I've seen this week where lowlifes have backed down and given up...?....is this the calm before the storm? Two months before Crimbo?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hello again.

 

I received a letter from Lowell Portfolio today which reads as follows:

 

Dear Miss Jones

We refer to your recent request for a copy of the original credit agreement for this account

After liaising with sygma bank uk in an effort to obtain this document we have been advised that it is no longer available due to the legth of time since the account was opened with you

At this time we have closed our file and will not make any fuirther contact with you concerning payment against this account unless the copy of the agreement is received at some point in the future from sygma bank uk

 

sincerely.....

 

So I guess thats it then? case closed? I won?!!

 

case closed, the letter they sent is indeed a free ticket for a spin on the dca merry go round.

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Oh yes, the Magic Roundabout with dougal Zebedee, and Ermintrude to name but a merry few, there is an episode to reminisce her....

 

PLEASE DON'T CAGbot THAT LINK!!!!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 2 months later...

Hi

Have received the CCA. Sent by them on the 15th of December 2010.

What should my next step be?? Is that it now? should I just pay the outstanding debt??

 

Thanx

 

Nishi

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Have received the CCA. Sent by them on the 15th of December 2010.

What should my next step be?? Is that it now? should I just pay the outstanding debt?

 

No no, it's not as simple as that, once you have scanned and posted it up, others will be able to look at it and advise whether it is enforceable or not, and whether or not it is indeed a CCA!

Please ensure you remove all ID, names, addresses, ref numbers, bar codes and funny little bar code boxes.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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The basics sort of seem to be there, however, they don't seem to have sent you a statement of all payments made to the account, interest charged to date, admin charges to date, etc.

 

I was under the impression that, if asked, they should supply a full, up-to-date statement - otherwise you have no way of knowing if the total amount they're claiming is correct/legal, which I would have thought is a major point... You may be able to send an Account Still In Dispute letter, explaining the above. See what others say.

 

Sorry I can't be more helpful.

 

H. x

Please note, I am not professionally qualified in legal matters. Should you have any doubts, you should contact a legal expert.

However, I can and will help with matters regarding payroll as I am fully qualified.

 

If I've helped in any way, you're welcome to click on my "star" and thanks, but I gain the most satisfaction simply by helping/reassuring :O)

 

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