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    • Hi thanks for your help, I’ve sent the letter. I am worried though that I won’t know what to ignore and what to not? Will the notice of claim be marked as such ans can I post back on here if I get one?  Also- how do I know I haven’t had a CCJ already ? I just can’t quite understand why they would wait this long ? thanks 
    • It's not necessary to see an invoice. You will have to figure out how much you paid for the installation part of the work which was carried out – because that is what you want to claim back. If it's not clear what proportion of the bill was in respect of the installation, then you will probably need to get some outside opinions – independent opinions – as to the cost of an installation. It would be better to understate the value then overstate it – because if the cost is not clear then that could become the subject of a dispute if you take this to court. You will be better off identifying an amount of money which you could reasonably attribute to the cost of installing the new turbo – and which will be supported by independent evidence – and which will be accepted without much question from the judge.
    • It's clear, but it's. Not correct. The 2000 was for other work also  I do understand what you're saying but it may be easier for me to show you a copy of the invoice then we can be completely correct.   I will send a copy this evening after work if you don't mind.
    • I'm not too sure what to suggest other than to keep on trying during the day and try again tomorrow. I suppose that it is just possible that they have now filed an acknowledgement and that in some way it has overlapped with the end of the 14 day period – which apparently ended on Sunday. If you are not able to enter judgement by tomorrow, then I think you should phone the court. Keep on trying throughout the day.
    • As far as I understand it, your turbo failed and had to be replaced. That means that you have to pay for the turbo unit and also you have to pay for the costs of installing it. I understand that the first garage supplied you the turbo and therefore the cost of that is legitimate and cannot be claimed back. I understand that the turbo was installed incorrectly so that eventually the work had to be redone by a second garage and that you paid the installation fee to the second garage. In essence that means that you have paid the installation fee twice. Once to the first garage who did the job so badly that you then had to pay the fee again to the second garage who did the job correctly. This means that the payment to the first garage – is recoverable. The payment to the second garage, is not recoverable because the turbo failed and it had to be replaced. You say that you paid the first garage £2000. Find out the cost of the turbo – and deduct that from the £2000. So, if the turbo cost £200 – deducting that from the £2000 means that they have charge you £1800 for Labour. That means that you can recover the £1800 because it was wasted as they didn't do the job correctly and the job had to be done again. Is that clear and is it correct?
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Hermes lost my parcel worth £70. I did not insure it, am I entitled to a full refund?


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Hello,

 

I sold an item, which I chose to post with Hermes on 09.09.2020. Unfortunately, I did not purchase insurance for the package. The package was worth a total of £70, not including the £3 delivery fee. 

 

On the 18th of September I submitted a lost claims form.

 

I finally received a response a few days ago, saying I will receive a refund at the 'maximum value of £20', alongside the cost of postage. However before I even had the chance to respond, I received a refund into my account today. Does this remove my right to claim back the £73 I am owed? I clearly asked many times for the full refund, and told them I don't want £20.

 

I have mostly contacted them over the phone apart from two small emails, so there is not much to attach. I have not contacted them since.

 

Please could you advise me on what would be the best course of action?

 

Thanks 

 

Hermes 1.png

Hermes 2.png

Edited by Voldemort
Made a mistake in the total amount
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yes ofcourse you are

 

but 1st

on what platform did you sell the item that resulted in you using them to send it?

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

 

DCA's view debtors as suckers, marks and mugs

 

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

 

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

 

 

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Please make sure that you have read through many of the Hermes threads in this sub-forum.  This will help you to understand what happens and what the principles are.

 

The basis of your position should be that it is unfair that Hermes - or any other company expect you to insure against their own negligence, criminality or breaches of contract.  This is effectively saying that "if we get things wrong, then you the customer will be liable to pay for our mistakes".

Obviously this is unfair and also if this situation is allowed to continue, it removes any motivation for Hermes to improve.  Why should they spend money improving their systems and doing a better job if they know that they won't have to reimburse their customers?

 

 If you want to get your money back then you will have to threaten and then probably begin a legal action against them.  It is shameful that Hermes will spend more money trying to crush you than it would cost them to refund you your £40.

 

One flaw that they have already exposed is that they say in their message to you that you "chose" a certain level of compensation.  This is not true because this is foisted on you.  You had no choice.  It is not opt out - it is not even opt-in.  It is part of the deal and they leverage it to say that this is what you "chose".  A Hermes lie.

 

If you want to get your money back, we will help you.  Hermes will test you to see if you really want to spend £25 and take a legal action.  They may then pay you out.  However, they may continue to test you by forcing you to pay the hearing fee of £40 (I think) - and then they will ask to go to mediation instead of going to a proper hearing.  At the telephone mediation hearing they will try to offer you less than you are asking and also they will try to avoid paying you your costs. 

You will have to dig your heels in and refuse and convince them that you are happy to go to court unless they pay you everything.

Even the mediator will try to get you to accept a reduced settlement.  Just refuse - refuse - refuse.  Eventually Hermes will agree to pay you everything including costs and the money will be with you within 10 days.

You need to realise that if Hermes gets a judgment against them which says that their "insurance" is unfair - which it is - that their business plan will be destroyed and it will cost them millions - and the rest of the courier industry as well.

 

For this reason, for a mere £40 they will back down - but they will make a symbolic gesture to make people think that they aren't a pushover.

 

Let us know what you want to do 

 

 

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I appreciate the fast responses. I used an app called Depop to sell the item. 

 

I will have a look in the next few days at more threads to expand on my knowledge. 

 

I thought I should mention, I did get quite desperate at one point and wrote an email to them saying that if they do not give me the full refund I am willing to take this further to a small claims court. Does saying that reduce my credibility at all? It was just an attempt to increase my chances of getting the full refund.

 

I definitely want to go through with it, I will do anything it takes. 

 

Thanks again

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Well it certainly doesn't help your credibility but it doesn't prevent you from taking action. The best thing to do is start from scratch. Read the threads. Take advice from us and don't do anything until you have checked with us. At the end of the day the decisions are yours but I suggest that you read our advice before you make your decisions.

Get back here as soon as possible

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I have read around other threads, and I would like to go through with it.

 

Is my particular case more likely to succeed, since it is for a smaller amount of money (£40)? 

 

I took from one of your posts that the lower the amount of compensation being demanded by the claimant, the lower the chances are that Hermes will escalate it to court. Please correct me if i'm wrong.

 

Thanks

 

 

 

 

 

 

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Yes, of course. The smaller the amount of money then then the less sense it makes economically and also risk wise it is for Hermes to try and defend against you.

However, you have to assume that it will go to a hearing and prepare for that. Anything else is a bonus

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I think I will just have to do it. It is really unfair that they are stealing peoples money like this.

 

Please let me know what I should do next.

 

Thank you again

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So can we just condense it down please.

You sent a parcel on 9 September.
It was worth £70 – although you haven't told us what it contained. Please do.
Hermes lost it and admitted it.
They eventually paid you out £20 even though you had told them that you are prepared to accept this.
They paid you this money on the basis that you had "chosen" insurance of that level

Therefore you are currently out of pocket by the tune of £50 plus £3 delivery.

Is this correct

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Okay, if you are prepared to go ahead then you should send them a letter of claim. Give them 14 days to refund your money after which you will start a claim in the County Court.

Only send this letter if you are prepared to go ahead with your threat on day 15. Otherwise you will simply lose credibility. I'm afraid you won't get your money back any other way.

You will probably have to issue the claim papers which will cost you £25. If they are really stupid for this kind of money then they will push you to pay the hearing fee which is about another £40 or £50 – I'm not sure – and on the basis that you win, you will get all that money back.

Read around the Hermes threads to see how it works. They will probably opt to go to mediation and that will be their opportunity to try and knock you down and you will find that the mediator will probably try to put pressure on you as well to compromise on your rights. We would suggest that you don't do this and that you stand your ground.
The carrot for Hermes is that if they pay you out completely then you won't go to court and there won't be a judgement against them. The stick for Hermes is that if they do push you to court and you win then you will get a judgement against them which will be very damaging for them generally. For this kind of money they would be really stupid to risk it – but they may test you by forcing you to pay various fees. The extraordinary thing about Hermes – like many other big companies, is that they will pay more money to try and crush you that it would cost them simply to pay you out.

These people are really stupid.

Draft a letter of claim and keep it simple and post it here before you click it off.
Draft particulars of claim and post it here before you click that off.

After you have sent your letter of claim, use the 14 days to make sure you understand the steps in bringing your action and also to register on the MoneyClaim site so that you can get everything ready and on day 15 click off the claim.

 

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They will have to provide proof that it was delivered – either a photograph or a signature.

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Also, I think it would be a good idea to visit the very large Hermes complaints Facebook group – there are about 12,000 people – although there are probably a few hundred Hermes couriers who have sneaked in as well – and start getting screenshots of other people who have had their parcels lost even though delivery has been claimed, but no proof of delivery is offered.

I think it will help you to have may be up to a dozen examples so that you can show a mediator or a judge that this is a massive problem with Hermes and that they are routinely losing people's property even though it is claim to be delivered but for some reason rather they are never able to produce any proof.

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