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Hermes - i won in court


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Hermes have a condition which states that any item of glass sent will not be insured if is broken in transit OR LOST IN TRANSIT.

 

No one can have an issue with the ‘broken’ part of this but to not cover a customer if Hermes lose the item, regardless of what it is made of, is just unfair, I know it, they know it, you know it and so would any judge! What does the composition of an item have to do with them losing it… unless it is invisible?

 

Come on hermes, play the game dudes.

 

Add to this the fact that they knew it was glass before I sent it and they took extra money off me to Insure it (though Hermes insist this is ‘cover’ and not insurance).

 

Of course when I contacted them to complain they quoted their terms and conditions and the fact that I had agreed to them. (for the moment we will leave aside non negotiated terms and consumers and their application)… I informed them that the term was unfair in accordance with the Unfair terms Act 1977 and the Consumer Rights Act 2015. This is not ‘maybe’ or ‘if’… This term is manifestly and grossly illogical and unfair and as such is not enforceable, even if you sign their terms in blood!

 

Of course Hermes employ lawyers and know this perfectly well, they also know most consumers do not know it, so, they can live with the odd git like me suing them and it makes sense rather than chnaging their terms and bewing fair to every one of thier consumers.

 

Look online at the amount of people complaining about this... It is not a one off and hermes are not the only company doing it.

 

I tried for many, many weeks to get some reasonable argument from them, a reason why they feel it is OK to lose my goods with impunity… after taking extra cash specifically to insure them... Their CEO simply ignored me and their customer survives spewed out the same old rubbish about me having sinned terms.. Should we talk durable format, distance sales… CCR2013 etc?

 

So I filed a claim… I had no option, they were blanking me hoping I would go away. They filed a defence which basically made me almost choke with laughter… I so wish they’d had the neck to go to court with it but of course they knew perfectly well they had no chance.

 

As were approached the court date they did what such companies always do… They settled the claim in full. They tired first of all to attach a gagging agreement but I rejected that and the claim was settled in full, including court fees, no strings attached.. I have the paperwork if anyone wants to see it.

 

Anyone wanting a proforma for setting out the claim (detailed particulars etc let me know via my new email address: INFO @ hermes.wales I can also let you have my correspondence with Hermes.)

 

I did ask Hermes to revisit their terms and they seem to think me impertinent.

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Hi Nivag1961

 

I would be very interested to see your paperwork in full. I'm going through a claim right now and anything I can get my hands on is very much appreciated.

 

I intend on publishing my results with a step by step guide because i'm just fed up of these big companies abusing the "unknowledagble". W e need to make a stand.

 

Are you going to upload them here or is it best to email you?

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you cant email nor PM under 30posts

keep things in the open please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 months later...

own thread created.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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