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By BankFodder · Posted
Well this is where you decide if you want to spend the extra money pushing the case forward – but if you don't then you lose everything now. So assuming that you want to go ahead, you complete the form. You tell them that you want it held at your local court because you are a private individual and they are a business. Then probably you should agree to mediation. Once you sent this off, start reading around the forum about people's mediation experience – and in particular have just had a report today that somebody has been gagged – prevented from talking about their mediation experience. I feel certain that this is Hermes who have imposed this as part of the settlement agreement. Mind you, the claimant got pretty well everything they were looking for – so it was simply Hermes testing and testing and making trouble. Please read up all the various mediation stories on the sub- forum. There are some very useful information – but this new attempt by Hermes to gag people from reporting on how the mediation went is new. We would suggest that you resist this then you tell Hermes that if they insist on gagging you at mediation then you will go to court and they won't be able to gag you when you get the judgement which will do them far more damage than simply reporting back on how a mediation went. It seems to me that Hermes are getting backed into a corner. They are very stupid company -
By BankFodder · Posted
I think that @Andyorch is most likely to deal with this because he has been dealing with the Goosedale case which is heading towards the courts as we speak. However, you really haven't given much of a detailed story – not even any idea of the sums involved. Maybe you should lay out in a bullet pointed chronology including dates, and how much money we are talking about -
Hi, I've just received the defendants questionnaire. They have agreed to mediation and asked that the hearing is held in a court near them. What are my next steps?
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Yes it is them. I have heard rumours from other professionals in the industry that they were very sneakily trying to claim bankruptcy last year around september/october time and to me makes sense since they also changed directors of their company. If they do this I will lose the money I have already paid.
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Peter, I bet theres lots of overdrafts being recoded as a status 6 instead of a default contrary to the ICO guidance. This way the overdraft never becomes stat barred and like you say is valued more than a defaulted account. Most debtors are oblivious to this. Anyway just after id paid £2.20 to send the letter recorded deliver Barclays rang and asked me to email it them. Regards
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Our picks
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
- 31 replies
Picked By
waz70, -
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
- 49 replies
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