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You cant do one ....the court send it out when the claim is ready to proceed...I was just checking to make sure you had not missed it. They should issue one when you have submitted your latest statement of breakdown. -
By BankFodder · Posted
In terms of the DVLA, I don't know whether you can do it – but what's to stop you trying and what is there to lose? Do it. If you have other addresses for these traders – including this guy Tim, then please will you publish them here and give us a link to any website or any Facebook pages or anything. Let's get everything we can up so there is maximum exposure -
By BankFodder · Posted
Please could you post up here a copy of the complaint that you made to the financial ombudsman. Also, the financial ombudsman's decision goes into some detail as to the conduct of the insurance contract after its inception. In other words, there are lots of references to correspondence which was apparently sent to you and which they say you must have received and you must have been aware of et cetera. I don't want to ask you specifics about that at the moment – but what I would like to know is – were you ever asked about this and did you ever make any written statements about this correspondence or is the ombudsman's decision based entirely on evidence received from Aviva? In other words have you been given an opportunity to tell your side of the story relating to the correspondence – and has the ombudsman arrived at their decision based on the versions from both sides -
Is it necessary to send with the budget spreadsheet? My Dad has actually suffered a loss of income from COVID and will be on SSP for the next 3 months due to an operation so will use that as the reasoning. -
No can we do that? If the Police won’t say it’s stolen what can DVLA do..? where ever the car is it’s still not taxed so not on the road.. Tim is a bad man with a black soul..to take money off a very vulnerable person is the lowest of the low..we all have to work for our money.. Thanks for changing the title, tho I’m guessing Tim is the son perhaps of John Garbett? Tim is also trading from Henley in Arden.. If I can sue and since the ‘company’ is asking to be struck off can i attempt to go after Tim as he is the one who stole our money and gave us the ‘receipt’ off his email, no company logo just his name.. He cannot get away with this, I’m sure most traders are reputable..how can I show him up on social media? thanks everyone
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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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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-
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