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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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

Ishmo186 vs HSBC


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hi can anybody help me, i got a letter yesterday from hsbc offering me all the money - WOOHOOOO! but i need to cancel the money claim form as there is no need for me to go ahead, how do i go about doing this, thanks

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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Hi ishmo, you should wait until the money has cleared in your account before writing a letter to Northampton County Court saying you wish to withdraw your claim as you have reached settlement with the defendant.

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Hi guys, HSBC sent me a letter saying that they will give me my claim in full amount, but it will take 7 working days for the funds to clear into my account, it has been 8 working days and the funds still havent cleared, has anyone had the same problem with the money coming in late from HSBC or should i phone them up, also on the money claim should i put judgement by admission as they have offered me my money back, thanks for any help.

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hey guys the cash has come in woohoo but just need to know how to withdraw the claim as i dont want the claim being processed thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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hey guys im in a bit of a predicament, i accepted the proposal that hsbc sent me of £1045 but i have since been home and recieved a letter from DG solicitors offering me £1547 which was my overall claim, now what will happen as i have sent off my letter again to DG solicitor accepting their letter even though i accepted the first, do you think they will now reject my acceptance to DG solicitor as the mney has already been cleared into my bank, or would they send me the difference, i havent cancelled the claim through money claim yet so what leg have i to stand on, if i do have one? or have there been instances where they hve sent the money twice as i dont want this to happen as HSBC may try to sue me for accepting two letters please help and end my despair thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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alex, I noticed you said on 10 November that HSBC had offered to give you the full amount. What was the wording of their first letter and the wording of your reply?

 

Also why was HSBC still writing to you when DG had already taken over the handling of your claim? You might be able to claim that HSBC's letter confused the issue for you, and that because you had received this offer first you weren't aware that you would also hear from DG. I'm not really sure but if you post up some more info someone might be able to guide you.

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hi bongo, well the first letter i recieved from HSBC said that they have loked over the statements and have said that i can only claim the total charges which overall came to 995.00 i then wrote back accepting but asking to also add in £50 due to more charges been put on my account, the money then was deposited into my account, and then today i picked my post up from my mums and i had a letter from DG solicitors offering me £1547.00 which is the interest charges added and the 8% now i dont know what to do so i sent the acceptance letter back to dG solicitors saying i accept the £1547.00 im just wondering what will happen now as i habe had to letters trying to settle the claim any advice will be much appreciated thanks alex

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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maybe try a letter along these lines

 

dear [DG]

 

I refer to your letter dated xx and my reply dated xx.

 

I wish to inform you that HSBC credited my account with £x, on x date, in respect of a refund of the bank charges I had initially requested in writing from them. This payment came through after I had raised my claim at court and did not take account of bank interest, county court interest or court costs.

 

I therefore ask you to note that the balance of my outstanding claim is £x and I look forward to receiving settlement of this in order that I may notify the court that I am withdrawing my claim.

 

--------

 

The only problem I can see with this is that you have already accepted the first offer in full and final settlement. This may be a BIG problem in that you might not get the rest of your money, but I don't see any harm in trying.

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thanks bong i will try that letter but in the case of them sending the money twice which i think is highly unlikely but may happen what can i do then? would it be better to send a letter or ring them up thanks again

--------------------------------

HSBC

 

Prelim sent - 23/9/06

LBA sent - 8/10/06

MCOL requested - 22/10/06

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I think maybe you need to ask a mod for advice on what to do if that happens. I don't know if you could keep the difference and send the rest back. At the end of the day I think the worst that can happen is you will only be entitled to keep the first payment.

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