Hermes, lost parcel, legalities ***Settlement agreed ADR***

[AndyOrch]

33 days from and including the date on the claim form..the date being day 1.

[FloozW]

Thanks for confirming Andyorch. That’ll be 6th March, so i’ll sit and wait.

[FloozW]

Well, it's no surprise that at the 11th hour, Hermes have filed a defence.  From reading various threads etc, it seems to be their standard defence, declared value, ticking the 'I've read the T&C's, and limited liability contained in such.  They have put the onus of 'proof' upon me.  interestingly, they have denied the whole claim, despite admitting that they have lost the parcel.  

I guess I have to respond;  I'm not particularly eloquent, so will have to think carefully about wording.  In essence, what I would like to say is that 'value' is not the same as the cost of replacement, and given that to replace the items is going to include x hours of my professional time, on top of the physical cost of fabrics, that should be included.  Surely, time is a quantifiable loss.  Also, that their T&C's do not replace any statutory rights, and by doing so, their T&C's are automatically unfair, as they leave the consumer in an unfair position.  Just not sure how to put it in 'legalese'.  I've been trying to find a thread where someone has posted their response to Hermes defence, but haven't found one yet.  

They definitely don't read anything properly either - they keep referring to me as 'he', despite the particulars of claim showing quite clearly that I'm a Mrs.    

[FloozW]

Having looked properly at the paperwork now, i’ve realised that I don’t actually respond at this point, just fill in form N180 and return it to the Court - I think I have to send a copy to Hermes too.  

So, i’m assuming that points I wish to make will be made at a hearing, is that right?  If so, making notes for myself would be a good idea.  

If someone could point me in the direct of what Acts to check, i’d be grateful.  

These are my points:

failure to carry out the job with care and skill (Consumer Rights Act?)

limiting liability by unfair T&C’s (CRA, part 2?)

Negligence and breach of contract. 

Cannot rely on contractual terms when they have already breached that contract.

value; wholesale, commercial, retail, or replacement value - they can all be different.

is professional time a quantifiable loss?

 

Or, am I complicating this unnecessarily? 

[FloozW]

Can someone advise please.  

 

I returned the Small Claims Direction Questionnaire (small claims track) indicating that I agree to mediation, and details of my County Court, but have heard nothing since. 

 

Is there something else i’m supposed to do, and does anyone have any idea of how long before I hear anything further?  

[FloozW]

Settled at mediation.  

 

My advice to anyone in a similar  situation with this company is, don’t give up, and don’t let them intimidate you with their T&C’s; remember, T&C’s should enhance statute, not replace it.  

[AndyOrch]

Thread title updated.....I trust the settlement was in line with the original claimed amount ?

 

Well done 

 

Andy