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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     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:     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

Court Costs


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So I have got my EX160 for to claim for the costs of my court case.

I have a few questions.

 

In the section '1d' it asks for the 'title or number of the form that you would like the court to issue'. What do I put in this section?

 

Secondly, i will be using the moneyclaim site to file my claim in about 14 days. I notice that to begin a new claim you have to have 'your debit card details ready'. It auto adds the cost of £120 to my claim. How do I get round this if I do not have to pay?(based on a succesful EX160 response)

 

Or is it better to pay then claim the expenses back afterwards? Don't you get these cost back anyway if you win?

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Hi jp

 

I think your options are....

 

1- file MCOL and pay costs

2- file N1 at your local court including your EX160 exemption and not pay fees

 

if you go the MCOL way and pay up then yes the court costs are included in the settlement

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