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    • Good news for me is that the Bounce Back Loan came through so I can pay the full car payment!  Thanks for reply.
    • Welcome. please follow the advice given above as to reading around the various stories and then monitor this thread for a full reply tomorrow  
    • Hi Everyone,  I am the seller in this case and want to thank the buyer for their support.  The bike was delivered to the local Hermes Parcel Shop really well packaged and sealed on the 3rd Feb with a receipt obtained.  Sadly the parcel was emptied on route to the buyer.   I had listed the bike for collection only however the buyer messaged and asked if we could arrange a courier to which I agreed and they organised that.  When the bike went missing I contacted the local police as the Hermes parcel shop said they would not release CCTV to me.  We got all this from the Police.  since then the buyer has tried his very best which I am grateful with Hermes and parcel2go but is struggling.  Any help is appreciated. 
    • Also, you should start a claim against Hermes. Post your story on the Hermes sub- forum. Give us a full breakdown – including dates and value et cetera. We will help you get your money back
    • We care, we are highly motivated – and we enjoy winning against Hermes – which we do on pretty well every occasion. Start reading the sub- forums so that you are familiar with all the Hermes stories and the way that the process normally goes. Make sure you understand the mediation process. Make sure also that you understand the steps involved in bringing a small claim in the County Court. It's very easy but you need to know the steps in advance so that you have confidence. Don't forget that this is a self-help forum   If you have CCTV footage then please post it here. I suggest that you put it up on youtube and then post a link to it on this thread.
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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

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I have read other posts here regarding DFS and we have problems on our DFS sofa and armchair also, they were under 12 months when this was first noted and we reported it to DFS who sent their surveyor around and he told us it needs to go via a insurance claim with the policy we took out with DFS and that we needed to do it ourselves as he could not get involved under the data protection act, he also said the cause should be explained to the insurance company as human bodily fluids.

 

I spoke with a girl in the DFS office who said that the peeling would be dealt with by the insurance company and the sofa repair would be rejected as a defect but not to worry as DFS will address that but in the meantime to add both to the insurance claim, obviously I am not happy with something that is clearly not up to standard, I purchased this model as it was sold as a thicker better quality leather (Supreme model) and was shown the difference on swatches in the store so did not mind paying the extra as my previous sofa lasted 16 years including shipping it to Turkey for our villa and having sweat etc from the heat and not a single problem with peeling or colour fading, so why after several months this is being put down to bodily fluid and not a manufacturing defect is a joke.

 

I have informed the insurance company I am not happy with the claim and they are sending their own assesor to double check. No doubt this will rumble on but interested to hear you are having the same issues and by the looks of photo exact same quality and colour issue! Will update when I know what is going on but will take it to court if need to as these are not cheap sofas and never heard of pigment colouring before nor was it mentioned of course when selling the item, purely about the superiour quality leather!

Edited by citizenB
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Please read our customer services guide and follow the advice strictly. I suggest that you contact them again and try to get them to suggest once again that you should go through the insurance company. I expect that you don't have any evidence that they said this. However if you can get this recorded then you are home and dry.

 

In any event you are covered under the sale of goods act but for anybody to make a suggestion that you should go through an insurance policy when clearly the matter is the responsibility of the supply under the sale of goods act would raise very serious questions.

 

Also the suggestions that apparently had been made to you in respect of what you should explain to the insurance company are highly unacceptable.

 

You're quite right not to want to get involved in this kind of thing.

 

I suggest that your next step is to go out immediately, get some kind of recorder. Make sure that you now do use it. Get in touch with the company on the telephone and try to get it all down on the recording. Once you've done that come back here we will help you.

 

In any event, even if you do not manage to get the evidence you need, you are covered by the Sale of Goods Act. This means that the goods must remain in a satisfactory condition for a reasonable period of time and I would expect that there would be at least 6 to 10 years in the case of a sofa.

 

Your life will be much easier if you can get evidence of the conversations that you have told us about here. But whatever happens, come back and we will show you the way forward.

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Thank you for information, I will certainly be recording future calls, it's a shame as the girl on the line was probably being told what to say and at the end of the day she would carry the can for it as well which is unfair. I will update to what happens.

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  • 2 weeks later...

As promised an update. I am pleased to say after contacting head office in writting, they arranged for the GM of my local store visited and has agreed to recover the sofa and armchair, the down side is this will be in 12 weeks time approx but they will give us a temporary sofa whilst doing so.

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