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    • Hello   Thank you for the help you are providing on this forum. I have read around the various threads for Hermes and have found the advise very useful.   I have a case against Hermes for a lost Item where they have offered the standard £20 plus postage refund.   13th January - I sent my Car's original ECU to a technician for repair via MyHermes.  22nd January - As consignor, opened a case for a parcel that had stalled on Hermes tracking. 25th January -  I chased the delivery via telephone and was advised the item had been lost. On the same day, I sent my first letter through their automated system where I offered an reasonable settlement for loss of property.  26th Feb - I received the below response from MyHermes   Hi ****, Thank you for your recent email/correspondence about your claim. We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for included items. I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose within our standard compensation, we will be processing a payment for the maximum value of £20, plus postage costs, back to you. So that we can process this as quickly as possible for you, we kindly request that you send us some details: - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card We thank you for your patience on this matter and ask that you allow up to 14 working days for the payment to reach you. If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. Kind regards,   ****   Thanks to the information on this forum, I'm sure they are 'Pleased' to confirm and 'Happy' to pay this low amount for their breach of contract. In addition I am also aware that there is no need to insure against their negligence for loss. I'm now at the point where I need to decide whether to accept their offer and walk away or push this further and take them on.   If I choose to pursue this matter, I understand that 1) I need to send a letter of claim and give MyHermes 14 days to respond. 2) Register on the Money Claim website and complete particulars of claim The particulars I should file would be: The claimant paid the defendant £6.29 pounds on 13th January to carry out the delivery of the claimant's Car's original ECU to a UK address.  On 25th January, the defendants admitted to losing the Item. Despite this, the defendants have refused to reimburse the claimant for the value of a replacement ECU and recoding.   The claimant seeks £170 being the value of replacing the lost item. Plus £6.29 delivery cost and legal fees.   Total £176.29 plus Legal Fees   Firstly, Have I understood this correctly?   Secondly, I was able to rectify the situation of my non-function Car because I had a spare ECU and taught myself the skills to get it up and running. Therefore, the only evidence I have of the replacement value is from prices published online at resellers. i.e. I don't have receipt for replacing the lost item. Would this go against me?     Many Thanks       first letter.docx
    • Morning all,  hope you are all keeping well and safe, thoughts please, a company called “capquest” sent me a text message on Sunday advising that I need to speak to them “about my debt”    i briefly looked online and it appears as they are a debt collecting agency which is very odd  - I am lucky that aside from my mortgage I have no other open/rolling debt.  I have paid off years ago the loan I had for the house refurbishment. No balances on credit card,  no defaults, no CCJs. Also  I have never dealt with Capquest.    are they scammers?    Have they just bought mobile numbers and they are changing it by sending text messages?   should this be reported?    Cheers    Red11    
    • Morning.   Had no response to any info request at all, other than a letter saying information had been requested as it wasn’t currently held. Given that 28 days have passed, next step is to approach the court, I believe? Or should I be allowing some extra time for any post to arrive, given COVID?   MCOL still shows we are at the defence stage in the recent transactions box.   Thank you for your advice.
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    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • 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

Well on my way!


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So I have done my DPA letter - got my statements again like most people in a tatty brown envelope that the Post Office had to reseal cos it had come open but at least I got the 6 years I asked for in one go. Worked out NW owe me £5196 and sent my prelim letter off on Tuesday of this week. Recieved a letter (pretty quick me thinks) telling me to go fish!!!!!!!! Now I have read a few threads that say you should wait for the full 14 days before sending the LBA BUT to me they have replied, albeit to tell me to go fish, therefore I dont think I need to wait the 14 days before sending. So I have drafted the letter - with another copy of the charges breakdown and I am about to send this off. If it keeps going this quick I may get my money in time for Xmas, so what started off as my kids going without now means that I may be able to buy them the toys "that their mates have".

N ELLIS

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So you've allowed them 4 days, if you do the same between the LBA and moneyclaim, the bank could claim that you haven't allowed a reasonable time and the judge may very well agree. Plus a claim over £5000 could be allocated to fast track where you risk defence costs of £750.

Hope you know what you're doing.

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But surely the whole Idea of the prelim letter is to get them to reply! and they have 14 days to reply which they have done. It appears from some other threads that I have read that the bank is getting quicker at telling you to bog off as it is just a standard letter that they are sending out. NW have said in their letter that they hope I will reconsider my view on legal action but if I dont then send any Proceedings to their Registered Office.

 

To me that means they are standing by their position of not giving in to my demands.

 

Any advice is greatly recieved, but with so much information and differing threads on this subject of wait or no wait it is hard to know exactly what to do.

N ELLIS

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The 14 day timescales are deliberate so that should it ever get to court (unlikely I know, although as it happens NatWest did on 1 occasion and won) you can show you have given the bank a reasonable time to settle and that you are going to court as a last resort

 

There are a few words of warning here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/announcement-center-bankfodder-very-sick.html

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Ellisn,

 

You sent the prelim letter and gave them 14 days to respond.

They responded in 4 days. Cool.

 

Next Step - send the LBA now and give them 14 days to respond.

 

You do not have to wait 14 days between the reply from Natwest to your preliminary letter and sending the LBA.

 

Good Luck,

 

Ned

*********************************

NatWest Advantage Premier Account

01-09-2006 - S.A.R - (Subject Access Request) sent

04-09-2006 - NW respond asking for fee

09-09-2006 - New S.A.R and fee sent

23-09-2006 - Statements received

*********************************

IF YOU FOUND MY COMMENTS HELPFUL OR USEFUL PLEASE CLICK THE SCALES. THANK YOU :)

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Ellisn,

 

You sent the prelim letter and gave them 14 days to respond.

They responded in 4 days. Cool.

 

Next Step - send the LBA now and give them 14 days to respond.

 

You do not have to wait 14 days between the reply from NatWest to your preliminary letter and sending the LBA.

 

Good Luck,

 

Ned

 

Ah, definitive advice from someone who so far has only sent the DPA request, but didn't enclose the £10 fee.

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again conflicting advice!!!!!!!! I have read re-read and re-read the FAQs and other peoples threads, I am even reciting the FAQs in my sleep! But it is still not clear - as it happens I havent sent the LBA letter today (son wont get dressed to go to Post Box) but I am even more confused than I was before...........

 

Any other suggestions

N ELLIS

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Michelle thank you.........i know exactly what are you sayin - If I send the LBA letter so soon then it can be forseen that I am not giving them enough time to reply but they did reply - I think what I will do is give it till mid week next week and if nothing else recieved then I will send the LBA letter - mid way point of the 14 days.

 

They clearly dont want to give me back my money and it is over £5k which is quite a substantial amount to anybody even the bank! But I have come this far and I aint backing out now despite what they say in their letter.

N ELLIS

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No one is saying that you will get your money only by following the forum guidelines, but the fact is that it works and if it works don't fix it.

 

If you start cutting a corner here and there, sooner or later you could make a major mistake, which could cause delay and more important cost you money.

 

Anyway good luck with your claim.

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