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    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
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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
      • 33 replies

Direct tiles Warehouse - Faulty Tiles - Claim Issued


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The letter of claim is fine – so send it as long as you are prepared to send them the good news on day 15.

No you don't need to CE datasheets or anything

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Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?   Andy

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Send it directly to DTW.

You may well start getting messages from the solicitors saying that you are only to communicate with them. Ignore it. Send everything to DTW. Don't be intimidated by their solicitors.

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Morning have received a letter from DTW solicitors saying "thanks for your letter which has been discussed with the managing director and it has been noted that the formal quotations originally submitted in the region of £2000 have almost trebled to £5399.

 

There is a further principal of law to be considered in that the claimant must mitigate his loss.

How do you explain the substantial increase in your claim".

 

Well i've already sent the Letter of claim and they know why.

They posted the reply on the day and received their letter friday morning.

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Okay. It's a fair question.

You may have already explained it elsewhere – but please could you explain it to me now why there is the difference in price. Then we can formulate a response

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The original quotes where for the reinstallation of just the 16 tiles that are defective, which to be honest isn't really the best outcome

 

we thought for the sake of all the upheaval we'd accept that but because of DTW'S attitude and the admission that the new tiles won't be the same colour as the ones still there

 

we should be within our rights to get all the tiles replaced to get an ascetic value thought.

Hence the new quotes.

through out

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Have you got anything in writing where they explained that the new tiles won't be the same colour? Could you post it here please

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Thanks for all of this – could you put up the formal quotations that you received saying that it was about £2000 please.

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Okay I've seen them thanks.

I'm just trying to get in mind the timeline.

So you made suggestions towards the end of 2019 that you would accept £2000 or so to deal with the matter. You've explained to us here that the reason for this is because you just wanted to bring an end to it.

Then after that on 2 December, they came back effectively rejecting your proposal and offering you £1000 plus various materials and in the same letter pointed out that there might be a colour mismatch.

Is that the timeline? It's very important to know if what I have just said is accurate

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Originally they only offered to replace the 6 tiles in the hallway as gesture of goodwill and the costs of installation to be met by myself.

 

I complained and when i sent the picture of the tile with all the holes in was asked to check on how many tiles are defective and get three quotes on how much to reinstall.

 

Then they came back with the offer of the £1000 plus new tiles etc etc. Doesn't cover the total reinstatement of the defective tiles. And here we are.

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Sorry, but you aren't addressing the question.

If the timeline accurate – yes or no?

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No i never suggested to DTW i would accept anything just that if the offer had been what the quotes where we would of maybe accepted to get ourselves back on track.

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The essential part of the timeline are:

You had negotiations with the company

At some point you suggested that £2000 would settle the problem

After that they sent you there letter of December 2019 with their £1000 plus materials without prejudice offer.

Did it happen in this order? I'm afraid that sometimes it's a bit like pulling teeth here

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No after sending the picture of the close up tile with holes in they asked for three quotes to reinstate ALL defective tiles which are 15 in total. They then offered the £1000.

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Okay – so you supplied the quotes to reinstate the defective tiles.

You have now decided that you want the entire lot taken up and replaced.

I understand that this is because your original quotation was based on your sense of compromise in order to bring a speedy solution to the problem without any further dispute. However, when they then tried to knock you down from that position to £1000 your attitude has hardened and you now want the entire problem sorted out from zero. Additionally, you want to make sure that a proper job is done including no risk of any colour mismatch. Is this correct?

Where do they get the figure of £2000 from which they refer to in their letter?

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Dear Mr X X X

 

I’ve received a letter from your solicitors and apart from anything else they are reminding me of my duty to mitigate my losses.

 

I’m very pleased that they have raised this issue because of course precisely the same principle applies to you.

 

When I first started trying to discuss the problem with you, I had been prepared compromise and to make things as convenient as possible for both of us by considering restricting the reinstallation to just the 16 defective tiles. I took this approach because I thought this would be the best outcome and avoid the disagreement between us becoming any worse and also to reduce the inconvenience to myself of having to replace the entire installation.
 

I supplied you with some quotes which would basically have achieved that compromise. I wouldn't have been happy but at least everybody could have moved on.
 

You countered my suggestion with an uncooperative attitude which has now led us to this point where I am about to bring legal proceedings against you. You also declined my proposal and countered with a without prejudice letter offering me a mere £1000 and some materials by way of full and final settlement.

Furthermore, it was in that letter that you explained to me that there may well be a colour match difference.

I think I can safely say that my original approach to you was a compromise which meant I accepted some disadvantage and gave you an opportunity to mitigate your losses but you declined to do so.

 

I’ve now decided to press forward for a complete solution to the problem and of course it is rather more expensive to you. However, I expect that the defective tiles were supplied to you by some other company and of course you can always seek redress against them. I saw your solicitor will advise you on this but it seems to me that in exactly the same way that when I begin my claim against you for judgement in my favourite is inevitable, if you begin a claim against your supplier – you will have a similar success and you will be able to recoup all of your losses. However it's up to you – your relationship with your suppliers is not my problem.

 

I’m very happy to discuss the issue of the mitigation of losses before the judge – but of course you are on notice that in that case either you will have to waive your without prejudice protection – or else I will have to ask the judge for permission. Of course I will get permission because it is you who has raised the issue.

 

You have had ample opportunity to mitigate your losses and if you push us into court you will incur additional losses because I will inevitably win and if you don’t realise this then I expect that your solicitor will probably explain it to you – for a fee.

 

This timescale set out in my letter of claim still applies. I have already opened the account on the County Court money claim website and I'm in the process of drafting my claim. On day 15 I shall issue. At that point you will not only be liable for the value of the claim but also for the court fee. At some point I shall receive the allocation questionnaire and I shall pay the hearing fee and you will then be liable for that as well.
This is all the price of looking a gift horse in the mouth.

This could be a good time for you to consider mitigating your losses.



Yours sincerely

 

 

 

 

 

 

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If you are happy with it and it's correct – and if this kind of approach is to your taste then of course send it.

If you rather that it was expressed in a different style then amend it but by and large you should keep all the points that have been made – especially the ones that refer to the timeline of events

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Well make sure that you've checked it and you agree with what you're writing. Don't just send it out without being absolutely familiar with what you've written – because it is you who is writing it and it is your signature at the bottom

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  • 2 weeks later...

Hi Saturday is deadline day and i've not had anything through yet from DTW.

I'll send the money claim on Monday if nothing comes on Saturday post.

 

In the part labeled claim particulars what apart from the obvious should i claim for.

Is there a possibility for any hidden costs that if i don't put down that are unforeseen i won't receive.

 IE if they want one of the tilers to give evidence.

 

Also WHY do you think they want to go to court in your opinion?.

Thanks and hope your okay.

 

Tuesday was the final day for DTW to reply to my final letter of action.

 

Should i still proceed with the claim through Money Claim Online or under the current climate of uncertainty hold off until we come out the other side.

 

Thanks

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles

Topics merged.....please do not start new topics on the same matter.....how is anyone to know what  your last post is in connection to on its own ?

 

Andy

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  • Andyorch changed the title to Direct tiles Warehouse - Faulty Tiles - Claim Issued

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