Jump to content


  • Tweets

  • Posts

    • I understand that the most recent promise was that the car would be delivered to you yesterday. Please could you bring us up to date. Did you receive the car? If so, is the car okay?  
    • On a side note – I think that if they didn't collect the items from you within the next seven days, then particularly given their size and weight – about 26 kg each – I would put Amazon on notice that I was going to be charging them storage. I think £5 per day is probably not unreasonable – although don't expect Amazon to be happy about it.
    • I think that whatever you eventually do, because you are within 30 days of the delivery of each damaged table saw, you should assert your right to reject them under the Consumer Rights Act. You wouldn't normally need to do this with Amazon – but I think that it is a prudent thing to do in the circumstances and it protects your position in case there is any question arrived in the future. So I suggest for the moment that you send to letters – separate envelopes – to Amazon identifying the items by their invoice reference number or whatever and that they have arrived in a damage date and because you are reacting within 30 days, you are now formally rejecting the items under the consumer rights act 2015 and that Amazon should make immediate arrangements to collect the items from you. As I have said, send the letters separately – but also try to confirm by sending Amazon an email using their contact system and maybe some other email address – keep copies of everything. The letters of rejection should be sent at least by recorded delivery. What is interesting here is that you have spent vouchers on an item which was sold to you at £272. Looking at the link you have posted, it now appears that the price has increased to £359 and so there is no doubt in my mind that you should be entitled to a Bosch table saw even though it is now that price. The objective of contract damages is to put you into the position that you would have been if the contract had not been breached. This means that your expectation at the end of a successful transaction would be to be in possession of a Bosch table saw. If that means that it is going to take £359 to put you into that post-contract position, then so be it. If you are prepared to accept a Bosch table saw instead of the DeWalt one which you apparently now prefer, then even if you found one elsewhere at say, £400, you will be entitled to claim the cost of that from Amazon. It gets a bit more complicated if you singly want your money back. If you want your money back then I think that you are only entitled to the value of the vouchers. If Amazon are unable to supply the saw table then it seems to me that you are entitled to receive the cash – and of course that is where Amazon will grind their heels in to the point where you may have to bring a small claim against them for the value of the vouchers. If this is what eventually happened – that you had to issue a court claim – then I think you are not looking at any resolution in the very near future. I can imagine that Amazon would object and muster a lot of energy to defending the claim. I can imagine that it would go on for at least six months and maybe more. I think you need to factor this delay into your calculations about how to deal with this. So I think broadly the position is that if you want the DeWalt then we can probably help you get your £272 cash which you could use to pay towards the DeWalt – but it will take quite a bit of time. If you are prepared to settle for a Bosch table saw then in the event that Amazon are unable to supply one, I think that you could quite reasonably source one elsewhere and if it was more expensive, one Amazon that this is what you are going to do and that you would be looking to them for the full reimbursement. This also would take quite a few months. I notice that one of Amazon's third-party sellers is selling a Bosch table saw for £429. Of course to buy this quickly, you would have to fork out the money now and then start claiming against Amazon. The problem of dealing with Amazon is that although they are generally speaking excellent, when things go wrong, they become very difficult to deal with. They are so huge that they don't act rationally in an economic kind of way. Amazon are not used to being pushed around and they don't have the mechanism for dealing with things. They don't seem to be able to escalate things rapidly to a responsible human person who will look at the problem and understand the principles. It's all done by procedures and that means it becomes very cumbersome to deal with. I've given a pretty convoluted reply here. Have a look and tell me how I can clarify things that you don't understand  
    • I googled North State and found some views on it. The reviews look pretty damning to me, I'm afraid.   https://www.forexbrokerz.com/brokers/northstate-review   https://theforexreview.com/2020/08/31/northstate-review/   https://www.financebrokerage.com/northstate-io-review/   https://www.wibestbroker.com/northstate-review/   HB    
    • Their own very small print at the end states that this is a high risk inestment and that you could lose everything you put in - and more. They're based in the Commonwealth of Dominica in the Caribbean, so no UK regulator unless I've missed something.   I don't think my view has changed, sadly.   HB
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 32 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

  • Recommended Topics

Hermes damaged guitar **Won**


Recommended Posts

Thank you for this update.

I'm interested to see that already they say that you should be required to compromise. Please look at some of the mediation stories here and the advice that we are giving in order to understand what we suggest should be your position in respect of compromise: we suggest no compromise.

The compromise is that you will not insist on going to court. You will not put them to additional expense of dealing with a full hearing. You will not hold them up to the very serious risk of losing the case and obtaining a judgement which you will then publish over the Internet.
That seems to me be a big win for them – and that is quite good enough.

Let us know when the mediation day is because I don't think you've told us. Read everything thoroughly and then ask us any questions.

  • Like 1
Link to post
Share on other sites
  • 2 weeks later...
  • Replies 59
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

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

Posted Images

Many thanks all. 

 

Apologies for the delay in replying. 

 

My rescheduled mediation call is tomorrow morning... I feel prepared and I'm rather looking forward to it now! 

 

I'll be sure to report back how it went. Thanks again. 

  • Like 1
Link to post
Share on other sites

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 the things that the mediator says to you so that you can refer to them quickly rather than having to remember them and then respond from memory.

Will be interested not only to have the result of this mediation but also if you are prepared to give is a summary of what happened.

You have probably seen already that we advise that you should stand up for yourself and not give ground. Of course the mediator will expect you to compromise in some way – but there is no reason to. Hermes taken benefit if they settled this year because they don't have to go to court and they don't risk an embarrassing judgement.
That's good enough for them.
They are getting away with this kind of thing far too often and so it's refreshing from time to time to get customers to stand up to the bullying

  • Like 2
Link to post
Share on other sites

Delighted to report back that I have won my money back. 

 

Minus the £25 claims fee but I did try (I pointed out that this amount is negligible to a huge company but a lot to me). 

 

The whole mediation process was completed within 30 minutes, with a bit of back and forward between mediator, Hermes and myself. 

 

The mediator was excellent and didn't put any pressure on me. 

 

I am really pleased, it's been a long slog and very stressful, but I'm glad I persevered. 

 

Thank you so much to everyone here for their help in getting through this! I'll be making a donation as your support is much appreciated, particularly @BankFoddermany thanks 

  • Thanks 1
Link to post
Share on other sites

Excellent. Well done. I'm pleased for you.

Yes they always try to claw back something – to satisfy their sense of pride.

The money should get to you pretty quickly – they obviously don't use Hermes to deliver it.

 

Thanks in advance for any donation – but wait until you get the cash before you start chucking it around!

  • Thanks 1
Link to post
Share on other sites
  • BankFodder changed the title to Hermes damaged guitar **Won**

Part of the Hermes' business model – they sell you a delivery service then botch it and then try to deny responsibility.
They sell you an insurance – and then try to renege on it but keeping the money – they then make you work for nearly 5 months to get your money – and then in the end they pay you out but they try to keep back the money you spent trying to get your money back – which is really just enforcing their so-called insurance policy.

This is dishonest. It is very clearly cheating their customers.

I don't believe that the senior executives don't know about it. But hey, what do they care?

Link to post
Share on other sites

Yep it's absolutely shocking, I hope more people take them on and win and hopefully one day their charlatan scheme will crumble. 

 

I was advised on the mediation phone call to await an email with the full write up before emailing hermes my bank details, but I'm still awaiting this email. Advised payment will be made within 14 days. 

Link to post
Share on other sites

If you belong to 1 of the Hermes Facebook groups – you might like to go back to them and report your success and tell them about us, if you want.

Reassure them that it is all free. We don't charge anyone anything for anything

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...