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    • Problems with DWP are a possible reason for the delay in paying beneficiaries. If for example DWP suspect that benefits paid prior to the deceased's death have been overpaid they have to right to recover the overpayments from the Estate. Until the Executor has agreed with DWP what is owing to them and paid them they cannot pay beneficiaries. Sometimes the overpayment of benefits, usually because the deceased had not given correct information to DWP, goes back years and can be a substantial amount. Possibly so much that there is no money left to pay other beneficiaries. When I've dealt with DWP on overpaid benefits you get a lot of threatening letters from them telling the Executors that DWP has a duty to recover overpayents to protect public money and will go to court to recover it if they have to.    The bad news at the moment is it takes months to get anything sorted out with them. eg, just before Christmas I got a reply to letter I sent to DWP on a routine matter last February! Covid support has swamped them. I agree with HB that you should wait. And you might have to wait some time I'm afraid.   Of course if you don't believe the story about problems with DWP you might want to take action now. I can't say if it's true obviously, only that it is credible.
    • is response to CPR rules you sent me - my observations are   1)they havent stated under what law/legislation they make a claim, they have mentioned document they rely on but didnt serve it with application as above   2)they didnt serve application or evidence on me ever! court knows this    3)this is a telephone hearing where no oral evidence is to be given , do we do skeleton arguments or court bundle , when do we give to court - order is to only submit evidence in response 7 days before hearing   4) there are /is a document which gives complete defence to the claim, disclosable at trial , so they shouldnt have sought summary judgement a)i have an email from them ,  a deed of guarantee and indemnity (DOGI) was required for guarantee, pre condition to lending b)i have a docusign email sending request to sign this  DOGI document (not attached it was a docusign login) , c)they dont have a copy of it and havent provided under SAR or specific request.  d) anyone who does a DOGI, is not defined as a 'Guarantor' in the agreement, which is not signed in a personal capacity anyway, e)so in the application they rely on loan agreement having a self contained gurantor section, and the fact my name is next to word guarantor (but not signed personally, no statute of frauds anyways)   their definition of a guarantor-"person named in offer letter who enters into this loan agreement to provide a personal guarantee and indemnity. this definition excludes any third party guarantor who enters into a seperate DOGI"
    • Hi Anney.   Let's give this a bit longer. With the best will in the world, altosbestos hasn't been here very long and we don't know much about them. It would be good to know what forum regulars think about what altos is advising.   HB  
    • thanks for that very helpful, ill make some points on it in a minute just wanted to say they never served me application against CPR, i had to obtain off court a copy. They refer in wtiness st - marked as what they rely to support application a paginated bundle PR1 which apparently accompanies the statement, i can see from the references and amount of pages it should be the loan offer and loan agreement, as you would expect.   so i asked court can i have copy of PR1 so i can check, they just got back and said  claimant has never either in electronic database or in paper, served a bundle PR1 with the application,    there said it was claimants job to serve everyone and me- so ask them      i was about to and i had a thought, they havent submitted any evidence in support of their application why remind them !   in theory judge will get to hearing and go where is your evidence of this agreement?   and for the record they are very sloppy and do make major mistakes in their paperwork, so this isnt unusual
    • You can draft the letter before action yourself and send it against the individual that's not giving you clear responses. No need to involve solicitors at this stage.   I would recommend you do it today, start maintaining a paper trail. 
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • 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

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This was my first (and last!) experience using Hermes to deliver a parcel. I learnt the hard way... 

 

I posted a valuable item (my precious & perfect guitar) with Hermes that was delivered damaged. I paid for insurance and after an absolute nightmare getting in touch with them, then waiting 28 days, they said it is not covered.

 

However the recipient stated there is signs of rough handling to the package, therefore Hermes are still at fault. When I responded with this to them they replied:

 

..."I assure you that any damage is not a lack of care from our couriers; they take great care of all our parcels in transit. Any damage done to parcels within our delivery process will have occurred whilst being sorted by the automated, heavy machinery within one of our large depots."

 

Surely this does not absolve them of liability?!

 

I sold my guitar on ebay for £265 and have had to refund this plus the £20 postage I paid in good faith that my guitar would reach the buyer intact.

 

I now am out of pocket and with my once pristine guitar damaged.

 

I am heartbroken about it, plus the stress it's caused, was only even selling due to being a new mum and not currently working, I could cry (well I have several times). Anyway was just looking for any advice re: attempting to take further cheers.

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I think that musical instruments is on their prohibited items list. This does not necessarily exclude you from making a claim.

Are there any photographs of the damage parcel et cetera?

Read around all the threads on this forum – or at least lots of them – to understand the steps and the basis for the arguments against Hermes.

When you sent the guitar, did you declare what it was when you bought the insurance? Did you declare the value correctly?

Also can you tell us a bit about the damage

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Thank you very much for your reply! 

 

I definitely put the value when I purchased the insurance. I unfortunately can't remember if I stated what the item was but it would make sense that it would also request this information. (I used the oh-so-convenient ..tsk.. little machine in the shop that you just enter all the details into and it prints it out for you). I will research as to whether that was something I indeed needed to enter; if I did I certainly would have put guitar. 

 

I have photos of the guitar before posting but no pictures of it wrapped up unfortunately, as it didn't occur to me I'd need to do that (with being new to selling online and it being the first time I'd posted anything of value... Sigh!!) 

 

I do have the buyer's message stating there were signs of rough handling to the package however. 

 

The damage is to one of the dials (completely smashed) and a crack down the neck. 

 

I'm new to this site and I've been trying to use the search function to find other hermes related posts but it only brings up results for lost claims not damaged (when I try to move forward through the results it doesn't seem to let me but I'll keep trying!) 

Edited by Rubixcube
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Well now you know a bit better – you sell things on eBay then make it clear to your recipient that if the parcel arrives damage they should take lots of photographs before they open it and while they are opening it.

Where's the guitar now? Do you have photographs of it now?

Does the machine give you an opportunity to view their prohibited items list? Maybe you should go back and doublecheck.

Maybe you should also go back to the machine and go through the process and see at what point it invites you to say what the item is. Either way, it could be helpful. If the machine doesn't invite you to describe the item then obviously you had no opportunity to do so. If the machine does invite you to describe the item – then clearly they knew about it and they took it anyway.

As you are finding out, most of the cases on this forum – and elsewhere are to do with lost items. Hermes seems to have a particular knack of losing items – but if you have sent an item which has been properly described and properly valued and you even bought their so-called "insurance" which is designed to get you to protect them against their own negligence, then I see you have a very good basis for a claim.

Keep on reading around the forum. Start reading up also on how to bring a small claim in the County Court. I'm afraid that you will almost certainly have to issue the papers.

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@BankFodderthank you again for your reply, I really appreciate it.

 

I will go through the machine procedure again today. I'm so relieved to hear you think I've got a good case against them. 

 

I have been sent my guitar back from the buyer and he has been refunded in full. 

 

I have photographs of the guitar dated day of listing on eBay and then the photos the buyer sent me of it damaged. 

 

Oh yes, huge lessons and I won't be putting anything of such value in the post again! 

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It's a shame that you don't have pictures of the damage packaging. Not very clever of the recipient not to have taken these photos.

Find out all the information you can. Careful preparation and lots of evidence is important. Whether I think you have a good case will not especially relevant. At the end of the day it is you who will have to decide whether you want to fork out the court fee and have a go at getting your money back. Your's to win and your's to lose

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Okay that would make a difference procedurally. I'm going to ask my site team colleague @Andyorch to come in and give some guidance because I always get confused about these dual jurisdiction problems.

Keep on doing the preparation that I suggested because whatever happens, you will need that information

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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.

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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Thanks both. 

 

Ok I now have photos of all of the questions the machine asks, which I will attach (I'll try this again when I'm home as I'm out just now and they're not loading). 

 

It does indeed ask the contents, of which I entered guitar.

 

And the value, for which I entered the price the buyer paid, £263.00.

 

I paid for cost of postage plus insurance plus signature. 

 

Edited by Rubixcube
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I'm sorry but we are not able to see these images correctly because they don't display large enough. Please will you put them all into a PDF file and upload that.

Secondly, is there any opportunity on the machine to inspect their prohibited items list? Does it refer to a prohibited items list?

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Also, I think you had better ask the buyer for a reasonably detailed statement of the condition of the parcel. This would include at the beginning, details of the purchaser's name and address – and how the parcel was received, when it was received and the condition before it was opened and then what he found inside

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Ok thanks I'll do both these things. 

 

Yep there's an opportunity to access the lists of prohibited and non compensated items. 

 

I hadn't noticed this at the time of purchase as its so small and in the corner.

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Please take a picture of it

Also, you will have to ask your buyer to sign the statement as a statement of truth.

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  • 2 weeks later...

Unfortunately the buyer has not responded to my request to provide a statement. 

 

Attaching file of images, hopefully this works (can't attach the pdf file for some reason) but will keep trying if this doesn't work. 

 

pix.pdf

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Okay. I'm trying to refresh my memory as to where you are on this. I believe that they have declined liability because it is on their prohibited items list – and that you haven't begun a court claim. Is this correct?

 

You have an uncooperative buyer who apparently is not contacting you any more and will not even provide you with a statement – I suggest that you write to them again and say that you really have a problem and you could appreciate their help. However it won't be fatal – but it would be helpful if they would describe the packaging and the damage to the exterior packaging.

Once again, a great shame that they didn't take photographs – and also a great shame that you didn't take photographs before you sent everything off. Frankly I would have thought that this would be the minimum steps that any person would naturally take as a matter of survival and it is so little effort nowadays with a smart phone. What a shame.

If I have it right then you again have to decide whether to bring a court claim against Hermes for the negligent handling of your property. And you are going to have to be able to argue that they prohibited items list is unfair, that in any event, you declared the contents of the parcel and yet they still proceeded to accept the delivery instruction and hourly that they were happy to take your insurance premium – and that in any event, the fact that it was a guitar did not contribute to the risk of it being damaged.

You haven't said but I'm assuming that this is an electric guitar and so it's pretty solid – unlike an acoustic guitar which one might expect to be damaged.

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Yes, post it up here before you send it off.

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  • 2 weeks later...

Sorry for the delay, I'm a new mum and finding time for this is virtually impossible! 

 

I will attach my first draft for the Letter Before Action below (I am unsure whether I ought to include more detail or keep it brief as is). 

 

Many thanks once again. 

 

Quote

 

Parcel ID: 

Enquiry ref: 

 

Dear Sir or Madam, 

 

On Monday 7th September 2020 I purchased your delivery service with insurance to send a parcel sold on eBay. 

 

The item was received damaged by the buyer on Wednesday 9th September 2020. 

 

After several very time consuming and frustrating exchanges with your customer services, on 12 October 2020 Hermes finally declared that the insurance I had purchased did not offer me any compensation because the item I had posted was a guitar. I have subsequently been repeatedly denied the right to escalate/ make a formal complaint to Hermes. 

 

The contents of my parcel were valued at £263.00 plus the delivery fee and insurance cost totalling £16.88. 

 

I hereby inform you, that unless you reimburse me the above complete amount of £279.88 within 14 days, I shall issue a claim in the County court to recover this money from you, plus interest without any further notice. 

 

Yours Faithfully, 

 

 

 

Quote

 

The claimant used the courier service provided by the defendant courier company to send an electric guitar to a third party. 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

 

 

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I've cleaned up the letter of claim little and excluded some of the non-relevant detail

 

Quote

 

Parcel ID: 

Enquiry ref: 

 

Dear Sir or Madam, 

 

On Monday 7th September 2020 I purchased your delivery service with insurance to send a parcel to an address in XXX town

 

The item arrived at its destination damaged  on Wednesday 9th September 2020. 

 

Although I've purchased your so-called compensation cover, you have refused to reimburse me for the value of the damaged item.

 

The contents of my parcel were valued at £263.00 plus the delivery fee and insurance cost totalling £16.88. 

 

I hereby inform you, that unless you reimburse me the above complete amount of £279.88 within 14 days, I shall issue a claim in the County court to recover this money from you, plus interest without any further notice. 

 

Yours Faithfully, 

 

 

 

 

The particulars of claim is fine except that you haven't included a reference number

 

Quote

The claimant used the courier service provided by the defendant courier company to send an electric guitar to a third party. Reference number XXX. 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

 

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Just check their website and send it to any standard contact email address – and then send a confirmation in writing by recorded delivery to the postal address

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