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Don't think my scanner is up to that but will give it a go. Thanks for the quick reply. -
By BankFodder · Posted
That's fine. Simply please go ahead and prepare the detailed statement of damages -
By BankFodder · Posted
No that's fine for the moment. Please will you take a copy of the above PDF in Microsoft Word format – or some other word processor format and then tabulate it into two columns. In the left-hand column arrange the defence in paragraphs – one paragraph per row. In the right-hand column, please will you put your comments so that we can see what your responses are to each one of the points which have been made in the defence. Take your time over this. There's no hurry – sometime next week would be great. I don't see any problem going to mediation. It probably won't produce anything – but it won't hurt you -
Well this problem with these particular tiles is not apparent to the naked eye and and basic inspection which would arise before the 7 days. All the tiles were inspected before the 7 days. -
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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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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***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
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