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By BankFodder · Posted
I'm sure the template is fine. I've already made suggestions about the Aviva address in my previous post -
By Titchytitch · Posted
@BankFodder the SAR template seems to suffice for me to send to Aviva and FOS would you agree? and im not sure which address to send the Aviva SAR to? The Data Protection Team, Aviva, PO Box 7684, Pitheavlis, Perth PH2 1JR i'm thinking to send to this address -
By BankFodder · Posted
Look up the website for the Aviva insurance in the UK and see if you can find the data protection officer and send it there. If not, send the SAR to any registered address that relates to their insurance. It is their duty to make sure that it gets to the right department. As long as you get the SAR into their door then the problem is theirs. Make sure that you don't simply send it to a box number if you can avoid it. Send it to a proper recognisable postal address. -
By BankFodder · Posted
You really aren't reading the sub- forums because information is all there. The Contracts (Rights of Third Parties) Act give you as a beneficial third party all the rights that you would have if you were a directly contracting party. Unless the Hermes contract with whoever their broker is specifically excludes the act, you can sue Hermes as if you had contracted directly with them. Hermes have never revealed that third parties are specifically excluded and I'm quite sure that by now they would have done. Once again, if you had read through the steps involved in taking a small claim as well as the threads on the sub- forum, you would understand that the next step is that you will receive a directions questionnaire and there it will most likely be indicated that Hermes have agreed to mediation if you want to go along with it. And you should agree. That's when it happens. Once again if you had read up on this forum about the steps involved taking a small claim in the County Court, you would understand that because you go to the small claims track, if you lose then you only have to pay your own costs. In other words the cost that you have expended on bringing your action and any hearing fee would not be recoverable from Hermes. You might only be liable if you lose for Hermes reasonable cost of travel – and nothing else. If you win then you will recover all of your costs as well as the money you are claiming. All this is on the forum -
Apologies I don't understand which part within the Rights of Third Parties Act gives me the right to sue Hermes, I also tried to research locus standi and am unsure I understand the concept. From what I read locus standi is whether I have sufficient standing to be heard in court. Do I have no relationship with Hermes because I used Parcels2go as the retailer, which is allowing me to sue Hermes according to Rights of Third Parties Act (unsure which part). Also once I am read to proceed, how do I go about progressing to mediation? all I can see on the money claim website is: Update Claim Status You may update the status of the claim if you wish to settle it, discontinue it or indicate that it has been paid in full. Ill read up around the forums again regarding the mediation process as its been a while. If I was to fail and lose during court, would I be liable to pay Hermes court fees at all? I did have a google but couldnt see any clear information regarding it. Thanks!
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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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***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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