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    • Hello   Thank you for the help you are providing on this forum. I have read around the various threads for Hermes and have found the advise very useful.   I have a case against Hermes for a lost Item where they have offered the standard £20 plus postage refund.   13th January - I sent my Car's original ECU to a technician for repair via MyHermes.  22nd January - As consignor, opened a case for a parcel that had stalled on Hermes tracking. 25th January -  I chased the delivery via telephone and was advised the item had been lost. On the same day, I sent my first letter through their automated system where I offered an reasonable settlement for loss of property.  26th Feb - I received the below response from MyHermes   Hi ****, Thank you for your recent email/correspondence about your claim. We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for included items. I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose within our standard compensation, we will be processing a payment for the maximum value of £20, plus postage costs, back to you. So that we can process this as quickly as possible for you, we kindly request that you send us some details: - your bank sort code - your bank account number (the short one, not the long card number) - your name as it appears on your bank card We thank you for your patience on this matter and ask that you allow up to 14 working days for the payment to reach you. If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. Kind regards,   ****   Thanks to the information on this forum, I'm sure they are 'Pleased' to confirm and 'Happy' to pay this low amount for their breach of contract. In addition I am also aware that there is no need to insure against their negligence for loss. I'm now at the point where I need to decide whether to accept their offer and walk away or push this further and take them on.   If I choose to pursue this matter, I understand that 1) I need to send a letter of claim and give MyHermes 14 days to respond. 2) Register on the Money Claim website and complete particulars of claim The particulars I should file would be: The claimant paid the defendant £6.29 pounds on 13th January to carry out the delivery of the claimant's Car's original ECU to a UK address.  On 25th January, the defendants admitted to losing the Item. Despite this, the defendants have refused to reimburse the claimant for the value of a replacement ECU and recoding.   The claimant seeks £170 being the value of replacing the lost item. Plus £6.29 delivery cost and legal fees.   Total £176.29 plus Legal Fees   Firstly, Have I understood this correctly?   Secondly, I was able to rectify the situation of my non-function Car because I had a spare ECU and taught myself the skills to get it up and running. Therefore, the only evidence I have of the replacement value is from prices published online at resellers. i.e. I don't have receipt for replacing the lost item. Would this go against me?     Many Thanks       first letter.docx
    • Morning all,  hope you are all keeping well and safe, thoughts please, a company called “capquest” sent me a text message on Sunday advising that I need to speak to them “about my debt”    i briefly looked online and it appears as they are a debt collecting agency which is very odd  - I am lucky that aside from my mortgage I have no other open/rolling debt.  I have paid off years ago the loan I had for the house refurbishment. No balances on credit card,  no defaults, no CCJs. Also  I have never dealt with Capquest.    are they scammers?    Have they just bought mobile numbers and they are changing it by sending text messages?   should this be reported?    Cheers    Red11    
    • Morning.   Had no response to any info request at all, other than a letter saying information had been requested as it wasn’t currently held. Given that 28 days have passed, next step is to approach the court, I believe? Or should I be allowing some extra time for any post to arrive, given COVID?   MCOL still shows we are at the defence stage in the recent transactions box.   Thank you for your advice.
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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
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this has no connection to any other topic ive done before

(and i say this because i know ive confused myself and messed things up previously)

 

i have recently gained this letter and a copy of the fee application,

however i havent been given the application they are referencing and was hoping somebody could tell me where this form is.

 

i have emailed them but itll be about a month before i get a response.

20170720_193504.jpg

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What did your letter to the Court of 24th May 2017 say?

 

it was stating the breakdown of the amount owed by the debtor from the statutory demand, as they requested why that amount was different from the original first court judgement.

 

so was rather surprised to have this letter basically saying i could apply to have the break down amounts added to have the new amoutn as the adjusted judgement. however as shown they havent stated what the application is and didnt supply it.

 

so i need to know what that is to carry on.

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I think you need to expand a little more Mathew...tell us the full story...who has judgment....for what ...who is the defendant...when was the judgment awarded and to who...how does the statuary demand fit into this.?

 

 

Regards

 

Andy

We could do with some help from you.

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well im not giving our fully details of who and how much as i dont see that relevant.

 

the judgement was in my favour.

 

when the judgement was awarded a few years ago.. been some time but i think it was 2014, since then ive been going through each process from high court write to the last one currently being statutory demand which was done by the worst company "the sheriffs office" bloody lazy people who sent me a certificate stating it had been served but only after i chased them for it and was even then only given a few words on it basically making it useless in any court.

 

so with the judgement amount add the high court write etc and you get the amount that was chased with the stat demand.

 

so now need this application so i can file to have the state demand amount done as the new adjusted amount for the court judgement.

 

so please state the application needed and no more questions about what the case was about .

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Reluctant as I am to respond to your last post ....

 

If you want valid advice we ask question to access the chain of events....so we decide what is necessary and not thank you.

 

A statuary demand should not be used for debt collection....and even so its free to issue one so there should be no charges to add the initial judgment. You dont need a process server you can serve it personally.

 

Your execution fees ...use of HCEO/Writ ect are simply added to the amount collected by the Bailiff..there is no need to add it to the judgment amount...in fact you cant its impossible.

 

Why the court as sent you an N244 ...unsure you cant use an N244 to change a Judgement amount..or any other form or process.

We could do with some help from you.

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Reluctant as I am to respond to your last post ....

 

If you want valid advice we ask question to access the chain of events....so we decide what is necessary and not thank you.

 

A statuary demand should not be used for debt collection....and even so its free to issue one so there should be no charges to add the initial judgment. You dont need a process server you can serve it personally.

 

Your execution fees ...use of HCEO/Writ ect are simply added to the amount collected by the Bailiff..there is no need to add it to the judgment amount...in fact you cant its impossible.

 

Why the court as sent you an N244 ...unsure you cant use an N244 to change a Judgement amount..or any other form or process.

actually the statutory demand isnt free at all , (unless i got screwed over by the sherrifs office which now wouldnt shock me at all)

 

i get the feeling i wont ever get the answer to a simple question here which is sad and very odd. you dont need to know the ins and outs all you need to do is give me the requested information.

 

but to dictate what is right or wrong in the details i have given is wrong , when i again have only requested where to get this application from.

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HMCTS have a formfinder facility on their website, ML. But if you end up with the wrong one, are you going to think it's our fault?

 

HB

 

not at all, but at least ill get somewhere since ive used google with the exact wording in the letter and nothing comes up

 

its either i get help from you folks in a timely manner or i wait the 20 days itll likely take for them to reply.

 

i simply thought it would have been a less painful process to get this application, unless you folks dont actually know what the name of the application is called and if thats the cas then simply state that

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Its called an N244...as per the courts letter you uploaded ...its in our Legal Library if you wish to get another to add to the one the court sent you.

 

As per my last post...you will be wasting a further £255...as you cant change a judgment amount or need to if you read my last response.

 

Statuary Demands are free to issue..they do not see the inside of a court room and are nothing to do with a court re issuance.

 

The fact that you have been had over by the sheriffs office simply highlights your lack of knowledge in dealing with these matters.

We could do with some help from you.

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if im correct the n244 isnt the form, thats actually the form to request the court for them to see the actual form you need.

 

ie i need to apply for n300 (made up) so i need to put that onto the n244 form for the n300 to be heard.

 

hence why im asking for the "add cost to judgment form"

 

the fee form i know about aswell as the n244 as stated, its the other oen which they havent mentioned is what i dont know.

 

and you are 100% i dont know a lot and i went with what they had advised was the next stage ie the sheriffs office. and its also why im here because if i knew the info i wouldnt be asking now would i.

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But you cant add costs to judgment amount formally or alter a judgment amount...the Bailiff adds it for you.

 

The fact is you should never have served a SD to try to execute a judgment..so any costs incurred are of your own making and not the liability of the judgment debtor.

 

You can only add on the execution fee of the Bailiff Fees and Writ...which is done manually when they collect and you get paid.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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