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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

any advice please. would be called madical neglect by the n.h.s

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before i start i must say that that i do have full premision from my son to write this as we need some advice please.


about 6 weeks ago my son went to sit on the his sofe and he felt his knee pop. he was screaming in pain. both myuself and my husband went down to his place to help. we couldnt move him, for two reasons one i had just had a operation two days before, and he is 6ft tall and to big for my husband to move on his own.. so we called for a ambulance. about 30 mins after calling 999. we recieved a called back asking if we could molipnapate the knee back in possion ourselfs as they were busy. and to give him some paracetamol for the pain.


we tried and couldnt do it. we are not qualified in anyway to do this and wasnt shore if we were even trying to do it right.

my son was so distressed by this he told us to go home and leave him he would try and do it. the following day he still hadnt pop his knee into place so we called the doctor. thinking he would help. we were told go to A & E. he wouldnt come out either. again we found ourselfs in the same position, with no help and noone to turn to.


we just couldnt move him on our own. he was in so much pain.


well another 2 days passed. by which time he had spent all that time on the sofa. he just couldnt move because of his knee. well he ende dup with a blood clot on his leg. which we found out when he started sweating heavily and became very breathless. he was then rush to our local hospital where they susspected the blood clot had moved to the lung. causing my son to have a P.E

my son is now on warfrine. he still cant walk to even put any weight on his leg. they have given him a set of crutches to use. now we have been told orthipedics would see him until the clot in his leg has completely gone.


im worried he is now going to be left with a perminate disability becasue of this. if the ambulance had calld on the first day this wouldnt have happened.


sorry for any spelling mistakes.. and any advice would be great. thanks everyone.

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Hi lesh45,


well I am appalled to read your account of your sons lack of care.


From your account it sounds like your son suffered a dislocated knee cap. I am appalled that the ambulance didn't come out out and then horrifyingly suggested that you manipulate your sons knee cap back into place!!!!

This is a very painful injury and is even more painful to push the knee cap back into place.

Is this a condition that he has had before? for them to suggest that you push his knee cap back into place.


Reduced movement of his legs due to pain could contribute to the clot in his leg and this has the potential to move, as it did, to his lungs, causing a Pulmonary Embolis. This is a serious condition that needs immediate hospital treatment.


I think that you should talk to PALS at your local hospital or complaint through your Local PCT where your GP is based.


Good luck.

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  • 2 weeks later...

Why didn't you go to A&E? I've had (multiple) knee dislocations (and subluxations - where it doesn't quite "go" fully) in my time (hypermobile joints) and at no point did I need an ambulance to go to A&E. I'd take painkillers (solpadine are V good for this), wait til they kicked in and then, with minimal assistance*, I'd get up and hop into the car - usually the back as at the time we only had a micra - and then into A&E. Where they'd give me "proper" drugs, and I'd get popped into place, along with a quick referral to the orthopods.


In the end, my knee would pop out so regularly (at least once a week, and at nothing more substantial than going down a single step or a kerb, or having to walk more than about 200m), I learned how to pop it in myself and would just then call the ortho secretary to let them know it had happened. For me, it's odd to not know how to manipulate joints back into their true position; I've been doing it since I was a teenager. And there's NO way I'd sit there for 2 days without doing anything about it. Did your son truly not move at all - what did he do about going to the loo etc? If he could get there, surely he could get to a car (taxi?) to go to the hospital...



*minimal assistance because my mum was only 5' 2.5" and had COPD and was oxygen dependant at the time. Even though I was only a teenager, I was *lots* bigger than her. The only other person at home was my grandmother, who was in her late 70s.

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Having suffered a dislocated knee cap just over a year ago I know what a painful experience it can be. It seems some people suffer the pain a lot worse than others, there was no way I could have tried to manipulate it back into place myself, and I wouldn't dream of asking anyone other than a trained medical professional to do it for me. If something were to go wrong it could cause serious lasting damage with trapped nerves or being manipulated back into the wrong place. It also increases the pain rather tremendously when attempting to move the patient, as when I was moved into the ambulance, just slight movements caused my leg to move which just made the pain even worse.


I too am absolutely horrified that no ambulance was sent for your son. When an ambulance came for me, even the Paramedics were unable to manipulate it back into place, they advised me that a doctor, and only a doctor, was authorised to do this. They as Paramedics were neither trained nor allowed to attempt to manipulate the knee back into the correct position.


First point of call, lodge an official complaint with the PCT. Also immediately contact your MP. Whoever gave you the advice to try and manipulate the knee yourself needs immediate re-training and disciplinary action taken against them. An ambulance should have been sent immediately to take your son to A & E for a trained doctor to manipulate the knee cap back into place. After this X-Rays should have taken place, followed several weeks later by an MRI to ensure no bone or Muscle damage had taken place.


Not being able to put weight on the leg is in all likelihood perfectly normal. It was a good 2 weeks before I could really stand to put any real weight on the leg, and 3 weeks before I was able to really start walking/limping on it without the aid of crutches. If your son is able to bend the knee a little, then check with a doctor/therapist/consultant and see if he should be moving it on a regular basis. I was advised by my consultant and Physiotherapist to try and move the knee in a variety of ways several times a day. This kept the joint active, the blood flowing and enabled me to more easily get the knee back to normal.

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  • 7 months later...

i can now say about a month ago he had a knee operation the remove some of his maligness tendon which was trapped between the knee joint. his knee his still very painful and still gives away to the point that the knee cap feels like it slips out.

as for getting him to A&E i couldnt. he was in such pain i couldnt move him, w even rang his GP and he refused to come out. YES i was told to try an put his knee back but NO i didnt try it. nor would i.

he is still suffering with his knee today. as for long term . im worried for him because of the arthritise that will now set in. due to the tendons being removed. he is 26 and has trouble with w knee that shouldnt be the case not at 26.

thanks for the replies. lesley

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