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Just received their reply today. Attached. MCOL suggests mediation although theDealer has rejected my previous offers to settle. Its been a while. Shall I post the main points here again or will you reread the initial post? Thanks Avon Defence 2021-Apr-22 copy.pdf
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I would guess its a MCOL oversight and they failed to transfer to your local CC for allocation.
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By BankFodder · Posted
I have just noticed that last year there was a conversation between the OP and my site team colleague @Andyorch about the defence claim that you had failed to use your right to reject. They seem to think that it's very significant. I think the right to reject is precisely that – a right – it's not a duty. There is nothing so far as I'm aware in the Consumer Rights Act that suggest that you have to follow a particular process. There is nothing In the Consumer Rights Act which suggests that the act replaces or supplants the existing common law of contract in any way. The Consumer Rights Act provides additional clarity and provides additional routes to solve problems – but the roots are exactly that "additional". I think this would be your argument that even if you had the right to reject, you were under no obligation to use the right – because it is a right not a duty – and it is up to you to choose the basic principles of contract -
By brassnecked · Posted
Definitely strange one, ask MCOL why the timelapse for sure. -
By BankFodder · Posted
Yes please. Present it here. You want to do something in a kind of spreadsheet format where you itemise all the various expenses/costs – and at the end they total up to you what you are claiming. I suggest that you use a spreadsheet. In the left-hand column you have the title of the expense. Then you have the actual £figure in the next column – and then in a third column you can put any notes or comments you want. Try that and present it here You would then send a copy to the other side and also a copy to the court
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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 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
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