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Hermes damaged guitar **Won**


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You can't request a hearing in Scotland because you issued the claim through MCOL under English Jurisdiction.So you either attend the defendants local court....or request a remote hearing or inform th

Anyone in the UK can issue a claim through MCOL...you do not have to reside in England to use the service.....as long as you have a UK Address and the defendant resides in England.

Good luck. As long as you have read up all the points and advice on the various relevant threads on the sub- forum – then you should be well equipped. Keep a notepad with you and make notes of th

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Hi Rubix,

 

Thanks for the update and well done for sticking to your timescale.

 

Keep us posted ............

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Hi all, that is my claim now submitted. 

 

I'd prepared it on the 18th November so that it was ready to click off on day 15, so that is the date marked on the claim for claiming interest up until, as it wouldn't let me edit this unfortunately.

 

Not too much of an issue as far as I'm concerned for claiming the interest back, just concerned it confuses my particulars.

 

Do you think I ought to contact money claims to explain this slight detail? 

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@BankFodder I've just seen an email saying I have a message from you on this post, but for some reason it's not showing me the message on this post or given me a notification for it on here.

 

If I had seen your message on this thread or received a notification, I would have responded to it so I do apologise for any confusion caused. 

 

My particulars of claim are provided above, further up the thread with the letter before action

 

Many thanks. 

 

 

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No, probably don't worry about it – but maybe you could simply post up exactly what you put here so we can just doublecheck

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I will attach a screenshot of the submitted page and also copy in the text below. 

 

The claimant used the courier service

provided by the defendant courier company

to send an electric guitar to a third party.

Reference number XXXXXXXXXX. The

defendant company has admitted that they

have damaged the item and refuse to

compensate the claimant.

 

 

The value of the item sent was £263.00.

The delivery fee was £16.88.

 

 

The claimant claims full reimbursement of

£279.88 (item value plus delivery fee plus

insurance cost) plus interest pursuant to

section 69, County Courts Act 1984.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 09/09/2020 to 18/11/2020 on

£279.88 and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £0.06.

 

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Okay it's fine. Don't worry

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  • 1 month later...

Hello, just an update. 

 

I've this week received a letter "Notice of proposed allocation to the small claims track." 

 

The defendant (Hermes) has filed a defence, copy of which is enclosed. 

 

I have to complete the small claims directions questionnaire (form N180) and file it with the court office. 

 

This letter advises the option of my case being referred to the small claims mediation service; I assume I am advised to agree to this? 

 

Having read through the successful outcomes of other Hermes cases on here, they all seem to have gone to mediation, so do I agree to this at this stage? 

 

Thanks. 

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This is the second part of the Hermes test. It is at this point that you will have to decide to commit a further fee towards fighting Hermes in order to get your money back.

If you decide to go ahead then complete the forms, remit the fee – and yes, on current form probably agree to mediation.

Make sure you have read up the various threads which give a resume of other people's mediation experiences. There are some extremely good descriptions – very helpful.

Please note that if it does go to mediation then you will come under pressure to give some ground and unfortunately even the mediator is likely to say that you have some kind of obligation to reach compromise.

This is wrong. You have no particular obligation – but it is up to you. I think we've had one or two cases now where Hermes have offered a settlement at mediation which has been turned down and then Hermes instead of backing down have then decided to go on to a hearing – and we are waiting for this to happen.

 

I'm not sure what marked those particular cases out has been once that Hermes would want to move to a hearing – so I don't know whether yours is likely to follow the same path. However, our advice to you would be to stand your ground. I understand that you even bought their so-called insurance.

Please could you remind me of the basis on which they have declined responsibility
 

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But it was correctly declared and they accepted an insurance premium for it?
 

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Okay, I think you are a very safe ground. However, don't forget that these opinions are given informally and you have to make your own decision.

Hermes will say that there was a contract which excluded particular items because of their fragility – and musical instruments were included.

You will say that in fact the contract was a composite of the entire dealings between you and that included the fact that the item was properly declared, that insurance cover for it was offered and you accepted.
In any event, I can imagine that the prohibited items list was not as clearly expressed as the insurance cover proposal was.
That's because Hermes make money out of the insurance cover. The prohibited items list is rather more tucked away and of course it is so extensive it's difficult to go through.

Your argument will tend to be, as I said, that the contract was a composite which was an assembly of all the various parts of the transaction and that included the declaration of the identity of the item and the insurance. The insurance particularly indicated that although it was on their prohibited items list, that for an additional payment, Hermes were prepared to take it on and assume the risk.

Another way of expressing this is that there were two contracts, a main contract – the contract of carriage/delivery and then a collateral contract – being the contract of insurance. Hermes was happy to take the money for both contracts and they are not able now to escape either of them.

I hope this is not too convoluted we can answer any questions that you think of once the case has been allocated and a mediation date has been set.

However, part of your strategy will be to emphasise to the mediator – and to Hermes, that if they want this to go to court then you are very happy because Hermes will lose then you will make sure that in addition to getting your money, that the judgement is circulated throughout social media.

Hermes has a lot to lose if this goes to a hearing and you win.

 

Also I think one can easily make the point that if Hermes really wanted to exclude certain items, it would be very easy for them to do this simply by having a database which would automatically flag up items which were declared and refused to proceed with the delivery contract.

My own view is that Hermes is happy to take the money wherever it can – on the basis that they will move heaven and earth to avoid liability when things go wrong

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Please have a look at this thread which has some similarities to your own case

 

and in particular, have a look at the rather wordy assessment of the potential arguments for the forthcoming mediation

 

 

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Hi just a quick question; 

 

On the directions questionnaire it asks which county court hearing centre I would "prefer" the small claims hearing take place and why; I assume I can put my local sheriff court to where I live in Scotland, since it is asking me my preference? 

 

It also asks why; how much detail should I provide as to my reason? 

 

Many thanks.

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You can't request a hearing in Scotland because you issued the claim through MCOL under English Jurisdiction.So you either attend the defendants local court....or request a remote hearing or inform the court that you will not be inattendance and will rely on CPR 27.9

 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

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  • 2 weeks later...

Yes, of course we wish you lots of luck.

Please keep is completely updated – but also if you get any questions or anything you're not sure of and let us know.

Make sure that you got a good set of notes – bullet pointed – not too much narrative but simply the points involved that you are making and the points involved in their defence.

Stand your ground

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  • 2 weeks later...

Hello, had a bit of a setback...

 

I was unable to take my mediation phone call on the set day and time.. My baby was very poorly, my husband answered the call and asked if could reschedule but they just said they'll try but it may not be possible. I haven't heard anything back as yet. 

 

I did try ringing them on their contact number before our set appointment, but the wait length time was impossible to get through to speak to anyone, while looking after a very unwell baby. 

 

So, again I'll keep you posted on developments, thanks. 

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I expect they must have an address or an email address. I think you should write to them and explain the situation but also say that you felt that they were most unsympathetic and that they should realise that people with responsibilities for babies and also in times of Covid may not have the flexibility of a delivery company.

Tell them that you consider they have a responsibility to reschedule.
In fact I would suggest that you try to find the main number of the mediation service and make a complaint to the customer services.

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As suggested by @BankFodder I sent an email and have now received a new mediation date (whether there is any correlation between my sending an email and then getting a new date is unknown). 

This is what they put in their contact emails. 

Screenshot_20210219_171507_com.android.email.jpg

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  • BankFodder changed the title to Hermes damaged guitar **Won**

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