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By BankFodder · Posted
Thanks. How much did you pay for the insurance? Looking at the policy which you have linked us to, I see that first of all there is in excess of £50 and that means you have to pay the first £50 of any claim. According to you, you have only lost about £35. Are you saying that the entire book case is worth £20? It seems very little to me. The second thing is that they say that lost items are not insured unless they are listed with their value. Presumably that hasn't happened in your case. On that basis, it seems to me that the insurance doesn't cover you anyway. I do agree that I think you've been treated disgracefully and I don't think that the lack of insurance is any bar to making a claim. If you would like a bit of fun, then we can help you make a small claim in the County Court to recover all of your losses directly from them for their breach of contract/negligence. Of course they won't be used to that kind of treatment – but do you really care? The chances of succeeding if you are prepared to go to the Small Claims Court are better than 90%, in my view. You would have to play a claim fee that you would recover that when you won your case. Of course in the event that you lost, then you would lose that claim fee and also a hearing fee if it got that far. Frankly, for this kind of money I would imagine that they would put their hands up once you issue the papers and they realise that you are serious and it was going to cost them much more money to defend it then simply to pay you out. In addition to getting your money back and delivering a slap, you would acquire transferable skills so that you could confidently in the future sue anyone who got in your way. What's not to like? -
You think I haven't emailed their CEO do you the first thing I did after putting my complaint in not for the first time either he totally ignorant he replied to my first email on the first case but had his assistant handle it not him this company is the worst ever and they talked me into getting these very unsmart meters that are supposed to save me money yet because I m on PYG smart meters I pay more money than those who get monthly or quarterly bills yet I have already paid for my energy yet there are hardly any other companies who will take on these meters and wont save me money at all for those who would give me an account but only online which is no good what so ever my problem with EON is their website they keep shutting down on weekends and their app only works when it wants to making it even harder to top up my meters this has been going on since 2019 when I won my first case and still going on now and they wont help me with it yet they had the cheek to phone me yesterday but the idiot wouldn't listen to what I had to say so I hung up and wouldn't answer him calling back besides he broke the law be phoning me as I have only allowed them to contact me through email and letter only and now they are saying I never replied to them with-in the 21 days which he is lying. -
I’ve been given a number that ends with a c..I didn’t get her name but she went and asked her Supervisor, the calls are recorded and she definitely said we had a case but to give him a last chance for today and see if is good to his word..then to call him and tell him that we can now report him to the police.. Because he has made so many promises to deliver and has not refunded on request then they will take action this time as he is out to deceive.. Funny today that our car has disappeared from his adverts so it’s gone somewhere..could he have sold it again?? but it wasn’t his to sell..and the police have stated that.. the plot thickens..a very expensive lesson we have learned from all this and how not to buy a car! I will keep you all posted and so many thanks.. -
Hi! So the company I booked the move with is AnyVan but they outsourced to another removal company. I have no contact details for them. The missing items are only 2 shelves from the bookcase and only the clothes rail from the wardrobe. Difficult to put a price on them. So the bookcase is completely unusable without the shelves, so I would say £20 and for the wardrobe I bought a new rail and a saw to cut it in size so another £15. Like I said, it's not about the value of the of the items, it's the way they have treated us and their refusal to compensate even though we had paid insurance. We were both there when they were packing our belongings but we didn't watch them, so I can't say for sure when/how these items were packed. We did check the house before we left and nothing was left behind. Their insurance policy can be found here: https://www.anyvan.com/insurance-policy. -
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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 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, -
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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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