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    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
    • That's great work.  Well done on both the content and the level of snottiness.  That's exactly the sort of thing your wife should send, let them know she's sussed their sordid scheme and will be big trouble for them if they do court.  Fancy trying to charge her for overstaying for one minute!   Excellent "Dear Philip and Sian" research, I must confess I didn't know who ran PE, this will be something to suggest to Caggers in future PE cases!   If none of the other regulars object invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office. My Road My Town My County My Postcode Date Your Reference No. Dear Philip and Sian, Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up! Now, you know that your claim has no basis and I know that you know that your claim has no basis Your can either drop this hopeless case or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and I’ll be able spend some of your ill-gotten gains. Me
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Libby yet again -v- Halifax(more help needed)


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:confused: Is this what i need to write on the AQ

'The Claimant proposes the attached draft order for directions, for the courts due consideration. If ordered, the Claimant believes these directions will allow the overriding objective's to be furthered in that they will fully identify the most fundemental issues in dispute (as detailed below), and allow them to be assessed so that this claim may proceed justly and expediently.

 

- The crux upon which this claim rests is the true cost incurred by the Defendent as a result of the contractual breach from which its charges arise. If the Defendent cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the UTCCR 1999 and common law principles established since the early 1900's.

 

- In the event that the Defendents charges were accepted as being a fee for a service (which is denied), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982.

 

As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that the claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour.'

 

Please could someone advise me if i need to also write something to the effect that i by mistake when i re-checked the claim i added an extra £84.33 in error

 

A silly Libby :confused: :confused:

 

I only need to hand the the AQ at the moment don't i

Libby

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  • 2 weeks later...
  • 2 weeks later...

Well i have rec a letter from the courts - I have a court date for the 26 April at 2.15, i now will have to get all my paperwork together and in order. I hope i don't have to go to court but needs must and i can prove my case but can they justify there charges - i don't think so.

Has anyone else been at this situation and then Halifax just paid them!!!!

Libby

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So i take it either nobody has gotten this far or nobody has gotten this far and won, think i need somebody to let me know if you have gotten this far and won - think that would give me more confidence.

Libby

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Once the Judge allocates a hearing date he will send you and the defendants a letter with directions on. You need to comply with these directions in good time, its unlikely the bank will, if you get yours right it puts you in a stronger position.

 

 

(10)

Extremely unlikely, but the bank may choose to attend court. If this looks likely to happen, come to the forums and post details of events. We will help to guide you through the proceedings. There are some good guides of how to behave in court and prepare for a hearing to in Templates Library.

 

Just lifted this off 'steps'. Have you PM's a mod to let them know you have a court date yet? I think this would be advisable. Not much longer for you hopefully. Sally

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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  • 1 month later...

Well everybody court date tomorrow, i hope i have done everything right, if not will find out at two tomorrow - i little bit scared - yesterday Halifax tried to ring me but i kept missing them, so i don't think it is a good sign i think they are going to attend.

 

has anyone got this far and then Halifax did not attend - please let me know.

 

Not a a very good couple of months.

 

Libby

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I've been thinking of you the last few days (without remembering your thread) wondering how you were getting on. Not been where you are now - yet - but surely the fact they have been trying to get hold of you (could it be said fairly desperately) be regarded as a good sign? I will have everything crossed for you as I have an important meeting myself at 2 o'clock.

 

Let us know as soon as you hear something - AND STAY CLOSE TO THE 'PHONE IN THE MORNING SO THEY CAN REACH YOU, Sally:-):-):rolleyes::-)

 

Bet they are going to make an offer, so stay cool.

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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I've been thinking of you the last few days (without remembering your thread) wondering how you were getting on. Not been where you are now - yet - but surely the fact they have been trying to get hold of you (could it be said fairly desperately) be regarded as a good sign? I will have everything crossed for you as I have an important meeting myself at 2 o'clock.

 

Let us know as soon as you hear something - AND STAY CLOSE TO THE 'PHONE IN THE MORNING SO THEY CAN REACH YOU, Sally:-):-):rolleyes::-)

 

Bet they are going to make an offer, so stay cool.

 

Thank you, and good luck with your meeting as well - will keep you informed either way.

Let you know tonight.

Libby :o

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But I wanted to come home to good news!!!!!!!!!!!! Hear from you later, Sally

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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come on libby tell us what happened.

you don't suppose she hit the defendant and got locked up do you???

OK I GIVE IN

 

Halifax £3600 charges, won with C/I £6400

 

NatWest S.A.R-05/06/06

Bug**r all recieved 03/11/06

Prelim guesimate sent for £3000 03/11/06

Cr*p one CONNED statements 08/06 ROFLMAO

Cr*p one charges=£976

con int 34.9% £1,003.75 £1,979.75.

 

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come on libby tell us what happened.

you don't suppose she hit the defendant and got locked up do you???

 

Well everybody - here goes, will try and explain what went on all i can first say is that is not something i would like to do again ever in my life (in fact i would have much rather cut my right hand off - well maybe not that bad, but bad not to ever want to do again)

Anyway first thing i want to say is i have no experience of the court room, so i was sitting waiting on the hearing to start and a guy asked me if i was the said person and he introduced himself as Mr Smith acting on behalf of Halifax - well i nearly died, i really thought they would not defend, not sure what happened, it was so fast but anyway he asked me to go in a conference room (maybe i should have said no) anyway i went into the room with him, and there is no way to say this other then just to say it and i did not file the papers in time, but neither did Halifax so i think that is why the judge was nice to me. anyway Mr Smith said that in light of Halifax not having enough time to review the papers he was going to ask the judge for an adjurnment at my cost - i said no way as i am no the one who asked for it and also halifax filed there papers late, i then said i think it would be a good idea if i was to leave the room and wait to be called into the hearing to see the judge.

Our names were then called and we both went in and sat before the judge and said good afternoon sir, he first asked me for any other documents that i had to prove my case and asked me why is it halifax says that they have paid me and i don't, and i mentioned that it states in the statement from halifax does in fact say that they owe me the interest and the 10 pound for the statements, he also added that halifax believe that they have paid me in full, the judge then said that we are not going to get through this in only half an hour, so he said that he could see no alternative but adjurn till a later date (well kind of) Mr smith then asked about the cost and the judge said reserved. Then the judge then said that he thought that halifax and myself should have talkied this through instead of coming to court - at this point i did say to the judge that i had tried on many occasions to talk to them but to no avail, Sir. He then pointed out that he did not want to see us in court unless we had both gone through our figures together and, at this point i thought i was going to be sick or faint. anyway that is as much as i can remember without feeling ill at the moment. that was the end of the hearing. as i walking out with MR SMITH he then said he would file a report with halifax and they would be in touch with me - I am going to wait until middle of next week and then if i have heard nothing i will ring rachel hinchiffe and ask what she says is the outstanding amount, which was not in the report. then i am not sure - wish i had an accountant but can afford one.

anyway my fingers and wrists are sore so i shall speak to you all later - any spelling mistakes sorry.

Libby

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Sorry to hear this. Perhaps you should PM a mod now for some expert advice on what to do to get this resolved. Sally

If my advice has been helpful tip the scales

 

West brom SETTLED

 

Halifax current SETTLED IN FULL

halifax curent (2nd) stayed. Visa - SETTLED

2nd visa LBA sent

halifax for the 3rd time. LBA sent

 

Egg - SETTLED GE Money - SETTLED Barclaycard SETTLED twice

 

Sainsbury's - Awaiting court date

 

Co-op cc SETTLED IN FULL 2nd claim. Settled in full

 

 

National Westminster Settled in full. 2nd claim. N1 submitted

 

 

HFC bank SETTLED. HFC 2nd claim - lba sent 21/10/08 Time Retail N1 filed Argos settled in full Creation - SETTLED IN FULL

 

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