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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hermes lost parcel - claim launched . **WON**


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Hello all.

I'm having some issues getting a refund from Hermes for a lost parcel.

On the 15th of May I bought a shipment label from the Hermes website to deliver a package valued at £130. When I got to the parcel shop I was told I could not print the label, so I bought another shipment label to ship my parcel, again valued at £130.

Fast forward a few weeks and the first parcel has been reported to be delivered at 1.30pm on the 22nd of may. Despite the fact that nobody was recorded on the video camera for one hour either side of that time or that fact that the label was never used.

The second parcel, has been lost. Hermes have admitted they have misplaced the parcel and guided me to submit a claim.As I did not opt for their insurance they have offered a refund of £20. I have not yet accepted this claim. Do I have any right to a full refund? If so, how do I go about it?

Thanks for any help.

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Thank you BankFodder. 
 

I will study the section 47, 48 and 49 of the consumer right act tonight. 

I also replied to the ticket and attached the letter. I've received a very prompt response stating I should have bought insurance, which is to be expected. 

 

Hermes Reponse.PNG

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  • 4 weeks later...

Hello everyone. I'm still here. 

I knew it was a few weeks since I sent the letter off but I didn't realise it has been this long. July has gone quickly! Thanks for the reminder. I will issue the claim tonight. needless to say Hermes have not replied. 

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Understood, but surely regardless if the claim is issued on the 15th day or the 23rd day in my case reasoning against Hermes is still valid? I hope my comments don't come across as being offensive, I am just curious.  

 

Is it still worth submitting? 

Edited by murraynt
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Yes, Point taken BankFodder. Thank you for your patience and help. 

I should have stuck to the strict deadline but I let time slip away from me. I will submit my claim on www.moneyclaim.gov.uk tonight. 
image.thumb.png.f17015fa0b7c7d8b71b5e2aa9ecd1a8e.png

Edited by murraynt
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I raised a ticket with hermes and they confirmed the parcel was valued at £120. I have since submitted a claim on the Money Claim web site for £120 + £6.99 Postage. 

 

 

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  • 2 weeks later...

7 days since the day of service but no reply from Hermes. Hopefully they respond  this week but I do expect them to file an  Acknowledgment of Service and extend for a further 14 days. I will update when something changes. 

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  • 3 weeks later...

Hello all

 

Hermes have filed their defence stating that I have already received £26.99 compensation, which is untrue as I never accepted the payment. 

I suppose next step is to request judgement? 
 

 

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  • 2 weeks later...
  • 3 weeks later...
  • 2 weeks later...

Update: 

Mediation ended with a Full payout of £151.99 due to be paid by 22/010/2020. Hopefully this is the end of the road now and Hermes will pay within the time frame, although I can't see any reason why they wouldn't. 

 

To anybody else that has had to lose money due to Hermes being negligent, this process is not as daunting as it may first appear. The entire process took around 15 weeks and cost £30 which i am due to receive back from Hermes. Although the entire process took a while there was really very little work to do thanks to the help from this forum and Bank fodder. 

 

BankFodder- Thank you so much for your help. The Information you have provided has been invaluable and hope you continue to do what you do. Donation incoming to help the people in the future. 

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  • BankFodder changed the title to Hermes lost parcel. **WON**

Sorry for the delay all. 

1: I got a call at around 3.30 PM where the mediator introduced them selves, confirmed what the intention of the mediation was and asked if I was willing to settle the case today and to willing to be flexible with the defendant. I replied and said I was willing to settle the case and I was willing to be flexible with Hermes by not going to court but I was not willing to budge on the £151.99. The mediator said that this was not the function of the mediation and I was expected to settle for a reduced sum of money. I repeated that I wasn't willing to reduce the monetary value but I was willing not to bring Hermes to court. The mediator told me they would bring this news to Hermes and call me back later. 

 

2: I received a call back from the mediator at around 3.50 PM. The stance from Hermes was that I did not take out the insurance but as a good will gesture they were willing to cover the cost of the postage + the value of the lost item. they were not willing to pay the £30 odd pounds that it cost me to raise the claim. I again repeated that I wasn't willing to settle for a reduced sum of money and if we went to court it would cost Hermes a lot more than £151. Again the mediator said that this was not the function of a mediation but still went back to hermes. 

3: After a 25 minute  wait the mediator called me back saying Hermes would pay the full amount and all i had to do was send my bank details to a person in Hermes. The Mediator then read out the claim and told me a copy would be sent to both partied Via email and that was it. 

 

For prep all I did was read the bullet points posted on here and re construct them in my own words. The mediation was very snappy and I wasn't given the time to defend my case and use the bullet points on here but never the less it was good to have the ammo in my back pocket. The mediator made me feel like a mediation wasn't the correct option, but I remembered that Bankofdder said they would try and push me into settlement.  Over all i'm happy that I ticked the mediation box. 

 

 

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On 09/10/2020 at 08:21, syd16 said:

That is great news murrayant! I would also be interested in knowing the details of your interaction with Hermes through this mediation, I have a telephone mediation for my own case set for 19th October.

I've had a look at your thread and yours does seems slightly more complicated than mine. After going through the process last week my only piece of advice would be to created a very short snappy statement that you can give to the Mediator. 

Do you have any questions that I can help with?   

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