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    • you mean mediation?   dx  
    • hello. i have my telephone appointment set for thurs 28th jan between 8 and 10am for approx an hour.   I've read some posts re vs hermes, and i will be assertive. this incident is from dec 2019, i dont have an exact timeline of how this all unfolded, will they focus on specific dates, i cant see how they would make a difference to the outcome?
    • Also, in respect of these recent developments concerning the rights of leaseholders and their lessors, I haven't followed it too closely, but aren't you mixing up service charges on one hand with ground rent. I do understand that it seems that landlords are pretty unfettered in terms of the level of ground rent they can apply – but I would have thought that service charges – which represent actual expenditure have to be accounted for. Have I got this wrong?
    • Thank you for all of this information. However, I can imagine that most people won't be able to go through it all – partly because there is so much of it but also because it is presented in a tightly packed block of text. It would be much easier if you would space it properly so that it was presented more accessible way – but then put into a PDF document which could be uploaded onto the forum. That means that people could have a look at it by downloading it and then sizing it to suit their own computer screen and their own convenience. I did ask you how much you had paid in the first cheque which was eventually returned to you – and I'm not sure that you have answered this question yet. If they come round to issuing a claim against you, it could be very important to know this. If you have answered this question already then I'm afraid it's lost in the large bulk of the information you have provided.  
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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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

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My son got a new car to replace the one that engine seized


However on Wednesday we had freezing fog and when he put his foot on the brake the car did nothing but slide abs never kicked in and he hit the back of a car (all on dash cam) and airbags didn't got off so...


He calls his insurance and they have asked does he want to claim for his car to be repaired or not.


Checked and his car was on a recall for abs may 2006- may 2008 his first registered on 1st of September and on speaking to Audi they want it in to check it and fault find well there is definitely a problem with air bags !


Question 1. what does the insurance mean about him claiming for repairs or just paying out the third party?

Question 2. Anyone know the procedure if car goes back to Audi?


Children !

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Can’t answer the other questions, but ABS on ice does not always work. 
ABS works by detecting one wheel is stopped (sliding) while the others are still turning. It then releses the breaking to that wheel etc. However  on ice it’s very easy for all 4 wheels to lock up. Under that circumstance the ABS thinks the car has stopped and does not come into operation. It’s possible that is what happened in this case. 

Was the damage significant. Airbags don’t trigger for every accident, I think it’s estimated over 20mph on impact, do you have an idea how fast he was still going?


Regarding insurance, they may be suggesting the ongoing costs going forward would be reduced for a thrived party claim only? I assume he is fully comp?

Edited by CraigMcK
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Yes fully comp 


I'd say he'd was probably 25mph when in the slide he literally turned out of a road maybe 35'  and hit the ice slid really sped the car up it was 3/4 secs till he hit the other car almost square on.


I'm the most panicky mother when it comes to kids driving I wouldn't let the younger ones into the big kids cars till they've been driving a year but this boy he is a driver! 


Front grill - slam bar  totally bent - lights misaligned and oh my the bonnet 😲

Radiator is all good so I need to check if it will reduce his next premium 


Although I didn't know it until yesterday his excess of £945 😲 voluntary £500

If they take it in it will beyond economical repair (mot was due in January) but if he buys it back it will then be a CAT on the car?


It was such a good buy £4500 2008 75,000 on the clock full service history has been really well maintained never gonna find another like it - but very juicy


He was devastated 


I don't bloody know 





Edited by onestressedwoman
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If your running a car with a large excess, for whatever reason, you might want to consider insuring your excess', which will cover your excess in the event of a claim.

They won't like the suggestion on here as its an insurance cost for a product you might not use (like GAP) but if you do need it it can save you a lot of money.



42 years at the pointy end of the motor trade. :eek:

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I had no idea insurance excess was so large... my son was 17 when he took it out and he thought it was just the £500 although a great amount these young ones really have no choice.


How do you insure your excess never heard of it but too late now.


And by the looks of things he isn't going to have a car to insure for a long while

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On 07/12/2019 at 22:40, CraigMcK said:

Can’t answer the other questions, but ABS on ice does not always work. 
ABS works by detecting one wheel is stopped (sliding) while the others are still turning. It then releses the breaking to that wheel etc. However  on ice it’s very easy for all 4 wheels to lock up. Under that circumstance the ABS thinks the car has stopped and does not come into operation. It’s possible that is what happened in this case. 

Some ABS systems work by sensing deceleration of the wheel,  meaning they would still work if all four wheels tried to lock up simultaneously.  Our car works like that, on slippy wet ice you may have no braking effect at all but the wheels do not lock up.  To be honest I thought they all worked like that, but if some work only be comparing speeds then yes they will be fooled by all sorts of conditions.

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To be honest I don't think it will help with insurance.  Although it seems unfair for something that was outside his control I think that even if the accident was due to a proven fault with the car they will still see him as at fault.

Regarding repair, write off etc, the car will only be classed as write off of any category if the insurer chooses not to repair but to pay out the value instead.  It won't apply if he repairs the car himself dealing with the repairer directly.  If the excess is that much it might be a better way.

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So he has arranged to have repairs carried out by an approved repairer (his friends dad) rather than insurance fixing it so he gets paid out for it and he can keep it 


I mean what's the point of being fully comp if they try to get you not to claim for your vehicle

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Just read one of your messages again. Was this on a downhill slope?  It’s odd if the car got faster while breaking, even sliding. 

if you want to load the video and send the link I’m happy to have a look. 

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I will get my son to upload the video when he gets in.

No down hill slope just a small  gradient and from the turning he came out of its maybe 15 shops until the traffic lights.

Maybe it didn't get faster but he feels like it did (not clear on the video) 

I'm picking him up from work tonight I'll pay attention to the gradient when I go back.


He'd only changed up to 2nd so he wasn't driving fast 


Upside he knows now to always be prepared for ice


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Drove past the road yesterday it's amazing that you drive for years and you don't notice these things yes it was downhill so reason for increased speed I've  never noticed that before how bad is that me not knowing it was downhill there when I've been driving these roads for 30 years 😲

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