Hermes - Extra Charges, but lost Item

[bankoff]

HI BankFodder, is this form ok now, and was it ok to tick "no" to mediation. Shall send off today recorded delivery if all ok.

 

Once again thank you all for your help.

[BankFodder]

You have to decide for yourself whether you want to go for mediation.

 

Some people feel that if they don't try to sort it out by mediation, that the judge may take a dim view.

 

This is certainly possible although it would be improper for a judge to do this.

 

Although it will add extra time to the process, if you decided to go for mediation then you might find out a bit more about what Hermes want to say. In terms of having any expectation that it will produce some positive results, it's unlikely. Most companies don't understand what mediation is really about and they consider that it is an opportunity for them to dominate you and to force you into a compromise over your rights.

 

Mediation, properly exercised, is an opportunity for everybody to be full and frank with each other and to eventually see the sense of the other side's argument. The Japanese are very good at it and it is almost considered to be a loss of face if mediation doesn't work then you have to go to court.

 

In the Western world, we are generally speaking very poor at mediation unless you are talking about large companies who are generally speaking on an equal footing and where there are huge sums at stake and other deals to be made. A good mediation solution would be what is commonly known (but commonly misunderstood) as a win/win situation where maybe you agreed to settle your litigation on terms which may seem disadvantageous to one of the parties but accompanying the settlement are guarantees of future trade or future contracts between the parties.

 

This is not possible with large companies who are up against consumers. Imagine saying to Hermes, settle my case and pay my compensation and I will promise to keep on sending my parcels through you. They would simply laugh at you.

 

Even the County Court mediation service is pretty poor this kind of thing. The problem is that you have to overcome the natural aggression and the culture of dominance which is rife amongst business companies and which poisons their attitudes towards their customers.

 

Decide whether or not you want to go for mediation and tick the appropriate box.

 

What has Hermes said? Have you had sight of their allocation questionnaire?

[bankoff]

Hi BankFodder, we think the same as you about the mediation, definitely not worth it when we are the wronged party. What is there to mediate we just want the value of the parcel, or the parcel itself, these items don't just vanish into thin n air.

 

Have not seen the allocation questionnaire, are we able to? When should we get it?

[BankFodder]

Hi BankFodder, we looked at the form yesterday, it does not look too difficult. They are however asking for reasons to transfer the case locally. I would have thought that the whole idea is for the claimant to choose where. Advice would be appreciated here,,,

 

Thanks

If you haven't received the allocation/directions questionnaire, then what is this form you are referring to?

[bankoff]

Hi BankFodder,

 

The form we have is an N180 called a Directions Questionnaire. However, I found the following on the internet which will help to explain the difference,,,

 

2. Replacement of the allocation questionnaire (AQ) (see rules 3.7, 3.7A and part 26) by new directions questionnaires (DQs). AQs serve little purpose in small claims or in the High Court, where all claims are multi-track. There is a new simple DQ for Small Claims Track N180 (to find out whether the parties are willing to try the free small claims mediation scheme and collect email and telephone contact details), and a longer one for Fast Track and Multi-Track N181 with new questions on disclosure (see below), on the costs of expert evidence (see below), and on costs and the costs budget (for multi-track cases only).

 

it is probably already on here,

[BankFodder]

Yes - I am using old terminology

[BankFodder]

http://www.consumeractiongroup.co.uk/forum/showthread.php?459811-myHermes-with-insurance...-then-broken-items-and-no-compensation.

[bankoff]

HI BankFodder,

 

All posted,

 

Have any of you seen this then,,,,,,

 

https://uk.news.yahoo.com/cctv-shows-moment-that-delivery-driver-appears-to-145622809.html

 

Most of these delivery guys are very honest and good at their job, it only takes one rogue

[Guest]

there was a ch4 dispatches doc recently, prob still available on catch up if you want to take a look.

http://www.consumeractiongroup.co.uk/forum/showthread.php?459312-Wheres-My-Missing-Mail

[bankoff]

HI Ford, this actually shows the delivery driver pretending to deliver a phone then putting it back in his van, caught on cctv by the neighbours,

[Guest]

HI Ford, this actually shows the delivery driver pretending to deliver a phone then putting it back in his van, caught on cctv by the neighbours,

i know. just adding that there seems to be a few 'rogue' deliveries about, according to that dispatches and cag threads.

[bankoff]

A development, Hermes DQ, to move the case to Leeds, and yes to mediation. Another waiting game now, how does it go if one party wants to mediate and the other does not.

[Guest]

is leeds their court?

as per cpr, it shldnt go to their court.

[bankoff]

Hi Ford,

 

Hermes address is in Morley, so yes, it must be as its not far from Leeds.

 

With a bit of luck we can expect it to be transferred,,,,

[Guest]

A development, Hermes DQ, to move the case to Leeds, ....t.

do you mean you rec'd a copy of hermes' dq, and on that they have requested their home court

With a bit of luck we can expect it to be transferred,

if it hasnt been ordered (directed) to their court, then there shldnt be a need for a transfer. it shld be your court anyway, if needs be.

[bankoff]

Hi Ford

 

You are right, it has been transferred to Dorset, will they come, or will they do the right thing,,,

 

Just waiting now for the hearing date,,,

[BankFodder]

Hi Ford

 

You are right, it has been transferred to Dorset, will they come, or will they do the right thing,,,

 

Just waiting now for the hearing date,,,

 

Have you been informed of this officially?

 

Of course it was pretty well inevitable that it will be transferred to your court but I'm extremely surprised at how quickly the decision has been made and you have been informed. I imagined it would take three or four weeks. Very often does.

 

Will Hermes attend? If they decide to go through with it then yes they certainly will. They will instruct some local briefs.

 

Will they go through with it? 75% chance that they will put their hands up and simply take "an economic decision" and without admission of liability – as a gesture of goodwill.

[bankoff]

Hi BankFodder

 

Yes have been informed officially, just waiting now for a date, I guess,,,,, it was rather quick.

 

It should be interesting, but they may not play, it will cost them too much,,,

[bankoff]

Hello BankFodder

 

We have a hearing date, and all documents must be with all parties by 20th April, I do not think they will be backing down,,,,,,, just yet, do you?

[bankoff]

Hello again

 

The hearing is in June

[BankFodder]

Only a little time at the moment.

 

Do you know how to prepare your bundle.

 

You must assemble all relevant documents. Put them in some order which makes sense - probably date order.

 

You need then to number them - with a pen at the bottom of each page. Then put together an index sheet where each document is identified by date, title of document and page number in your bundle. Title could be - email from x to y

Letter from y to z

Terms and conditions

 

etc etc.

 

You might prefer that you bundle is classified into correspondence and other documents - T&Cs, codes of practice etc.

It's up to you - but it must make sense, be logical and it must tell the story.

 

Prepare 4 copies in ring binders - one for you one for them and one for the court and one spare. A good idea for the spare to contain 2 copies of everything.

 

You must know your way round it completely so that if any document is referred to, you can access it immediately.

 

If the judge says that he/she doesn't have a copy of some document, then you can retrieve on from your spares and give it to him - and one for the other side as well if they need one. That is why you have a spare.

 

We will prepare a skeleton argument which will refer to the documents in the bundle by page number. We will do that later in the week.

 

Who will be doing this, you or your invisible friend? It must be the person who is named as the claimant so it will be time for that person to come out of their closet.

[bankoff]

Hi BankFodder

 

We cannot thank you enough,

 

I have passed your comments on to him, and we shall prepare as much as possible this week.

 

Will make sure each piece is on a separate sheet in date order, how it actually happened. I expect I shall be involved in doing the paperwork.

[BankFodder]

Please will you prepare a bullet-poipnted chronology of events.

 

Keep it succinct but so that it tells the story.

 

Please post it here

[Guest]

....it will be time for that person to come out of their closet.

hopefully 'him' will look in with the details

[bankoff]

Hi all, am sorry for the silence, as the organ grinder here is away at the moment the paperwork is a little slow, however I shall be able to work on it on my return, i can see that another poor unfortunate has been the victim of what we basically feel is theft by persons unknown connected to Hermes and Hermes do not care.

 

They think that their paltry £25 is going to pacify the customer when they have lost an awful lot more. What made it even worse was the fact that during the phone call said customer was told he would get the full cost of the item back because it had been lost by them.

 

I am working on said customer and hope he will come out of the closet soon,,,,,,,,