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Ok i will have a look around. Thanks
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By BankFodder · Posted
Thanks. Nothing new. You should get a directions questionnaire fairly soon. Let us know. Now that you seen the standard defence, make sure that you have read sufficient of the Hermes stories on the sub- forum to understand what your position is in respect of each point they make. -
By Dagger2021 · Posted
Good evening I had got a fair few items and had popped them all into my bag for life (I didn't pick up a basket)whilst continuing to look around the store. I had to leave the store to get some cash so asked the security to kindly watch my bags whilst I did so and he agreed. On returning I continued to look around. I did receive a call from a family member who informed me my young child was having a seizure which is very distressing so I headed to the till where I paid for the item in my hand. I then left the shop in a rush as I had received another call to say my child was going downhill and an ambulance had been called. I quickly left the shop and was stopped by security. There was alot going on as I had my husband on the phone and the ambulance whilst my baby was crying etc. I didn't really hear what he was trying to say as I was in shock about my child, he asked me to go back in, I insisted he took the bag back and if he could keep it to one side and I would return to pay. As I'm sure you can understand this was a very distressing situation for myself having a young baby and a toddler who was having a severe seizure, so my head was all over the place and getting to the hospital was my number one priority as I'm sure you'll appreciate. I have now just had the opportunity to sit and breathe and felt the need to contact the store to explain my circumstances as I feel it may have been misconstrued and I didn't have the chance or means to explain at the time. I have tried calling the store directly multiple times but have been unable to get through. I completely understand that the security guard was doing his job but I am now filled with worry and anxiety that he thought I was shoplifting and cannot stop worrying that the police may come to my home. I am a mother of two and a new born baby, a military wife and a teacher in a local school and the last thing on my agenda would be to steal from any shop. I fully support Primark and am a regular loyal customer. I am now sick with worry regarding this missunderstanding and honest mistake on top of a poorly child in hospital. He literally handed me the item I had paid for and then I rushed to my car in the shopping centres car park. They have none of my details but I'm extremely anxious the police will track my car to my home. -
Hi Yeah I tried to submit the judgement on each of those days but was told i couldn't proceed until the right time had expired as i thought it was Friday aswell but they obviously had a defence prepared and waited until the last minute to submit it This is the PDF attached of the defence Doc_20210414_071627.pdf
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Sir James Dyson defends moving his firm's headquarters to Singapore and says Dyson is a British firm. View the full article
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
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 Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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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!
Picked By
BankFodder, -
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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-
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