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By BankFodder · Posted
Well if they haven't filed a police report and particularly if they haven't placed the marker with CIFAS then I think that this is particularly unfair. It seems to me that they are withholding your money and yet not following through with all the correct procedures. I think there is definitely a basis for unfair treatment here and I think they should be raised when you eventually do your WS. -
By BankFodder · Posted
Thank you. But once again, it will be preferable – not only for them, but also for other people who visit this forum to get help with Hermes if @Hickling96 would start their own thread and tell their story. -
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Well the whole purpose of entering into mediation was to get information not mentioned in their defence...it was never to settle the claim. It appears that you really don't have much to add...apart from no Police or CIfas action taken.....so we are really no further on. Any way lets await he Notice of Allocation N157 with the courts directions and dates and then you can start to prepare your statement of claim.....bear in mind its not for you to justify...but for them to prove their actions and what evidence its based on.
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For the assistance of Hickling96, I have attached copies of my claim letters. Earlier in this thread are a number of pictures used to demonstrate the lack of care taken by these companies when handling our goods. Hope this helps. HERMES CLAIM_1.docx PACKLINK CLAIM_1.docx
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Our picks
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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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Natwest Bank Transfer Fraud Call HMRC Please help ***Refund in Full***
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-
- 33 replies
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waz70, -
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