Parcel2go + Hermes

[BankFodder]

Have a look at the unfair terms provisions in the consumer rights act – and in particular, understand that the courts have a duty to investigate of their own initiative any terms which might be unfair. However, you could invite the court to do that – and it would be an idea to point out to Hermes or the mediator that this is precisely what you will do.

Also, the tort of conversion has nothing to do with the insurance or contractual responsibilities. It is simply that they had your property in their possession and then they used it in a way that only an owner could so they usurped your good title to the chair. They converted your ownership into their ownership

[Sifer]

Hi, I think I may have made a mistake.

 

When I made the claim should I have also requested judgement straight away since I sent the letter of claim and they didn't respond? or do I also need to wait another 14 days after submitting it online via the money claim website.

[dx100uk]

no mistake made

 

from the date on your claimform top right they have 19 cal days to acknowledge the claim.

keep a watch on mcol on that date.

see if they indicate they have done AOS section

 

you cannot go for a default judgement before that date nor if they AOS.

 

[Sifer]

Hi just an update.

 

I filed the claim on the 17th March 2021

I received a letter saying claim issued on the 18th March 2021

They filed an acknowledgement of service on the 19th March 2021

So the letter says they have 28 days from the date of service of my particulars of claim to file a defence or contest the court's jurisdiction.

 

I am guessing this is 28 days from the issue date of 18th March.

 

Thanks

[BankFodder]

Date of issue is not the same as the date of service.

I think you have to allow five days

[Sifer]

ah yes sorry, so 28 days from the 23rd,

 

great thanks for clarifying. 

[Sifer]

Hi,

 

I've had no further response from Hermes and believe the 28day period they had is over by the end of today, would I request judgement on the money claim website tomorrow?

 

Claim History

You submitted a claim on 17/03/2021 at 18:08:53

Your claim was issued on 18/03/2021

Hermes UK filed an acknowledgment of service on 19/03/2021 at 16:05:08

 

I received a letter saying my claim would be deemed to be served on the 23rd of March 2021, if they file a "acknowledgment of service", they are given a further 28 days from the date of service of my particulars of claim to file a defence or contest the courts jurisdiction. 

 

Many Thanks!

[dx100uk]

see if you can request judgement via mcol.

[BankFodder]

Keep on checking and apply for judgement as soon as it lets you. Don't hang around

[Sifer]

I was able to request judgement this morning.  Will update when I hear something back.  Thanks.

[Sifer]

Hermes filed a defence yesterday after I requested judgement.  Any insight into this would be great thanks.

HermesDefence.pdf

[BankFodder]

Not at all unexpected.

The defence is the usual rubbish – and actually doesn't really deny liability at all but simply says that you should be suing somebody else and not Hermes.

In other words, if one then brings in the Contracts (Rights of Third Parties) Act 1999 – and establishes your right to sue Hermes on that basis, they have no defence.

The only thing left is that they want proof of the value.

When this goes to the mediator, your main point will be to point out to the mediator that the central pillar of the defence is that you don't have any locus standi – which means that you do not have any relationship with Hermes which allows you to sue them. (It actually means – standing in the right place)

You point out to the mediator that because you do have locus under the Contracts (Rights of Third Parties) Act 1999 there are no other arguments in their defence other than to require you to prove the value of what they have lost.

Please let us know if you don't understand this.

Also, make sure that you have read around all of the Hermes threads so you can understand all of the arguments – not only the ones I've laid out above. Also, make sure that you have read the accounts of people's mediation experiences. In particular, notice that you will often come under pressure from the mediator to compromise and to give up some of your rights.

You should absolutely refuse to do so and stand your ground. Hermes are likely eventually to make you a full offer of what you are claiming but they will then try to hold back the costs of the claim. There is no reason for you to give up anything – especially as their defence contains no arguments at all which justify their mishandling of your goods and losing them.
Once again, their only argument is that you are suing the wrong person – and also you haven't proved the value of what you have lost.

There is a tiny risk that Hermes might say that £XXX is the final offer and after that they are prepared to go to court. I suggest that you call their bluff and say that's fine. You'll go to court and will expose it all in front of a judge.

Even if that happens, you can be certain that just before the court hearing, Hermes will make you a full offer. Hermes don't want to lose these cases. They can't afford the bad publicity.

The final thing is that you might be asked to keep it all confidential. You should refuse this. It's in everyone's interest that we all know what is going on and you should not submit to any gagging orders from anybody

[Sifer]

Apologies I don't understand which part within the Rights of Third Parties Act gives me the right to sue Hermes, I also tried to research locus standi and am unsure I understand the concept.  

From what I read locus standi is whether I have sufficient standing to be heard in court.   

 

Do I have no relationship with Hermes because I used Parcels2go as the retailer, which is allowing me to sue Hermes according to Rights of Third Parties Act (unsure which part).

 

Also once I am read to proceed, how do I go about progressing to mediation? all I can see on the money claim website is:

 

Update Claim Status

You may update the status of the claim if you wish to settle it, discontinue it or indicate that it has been paid in full.

 

Ill read up around the forums again regarding the mediation process as its been a while.  If I was to fail and lose during court, would I be liable to pay Hermes court fees at all? I did have a google but couldnt see any clear information regarding it. 

 

Thanks!

[BankFodder]

You really aren't reading the sub- forums because information is all there.

The Contracts (Rights of Third Parties) Act give you as a beneficial third party all the rights that you would have if you were a directly contracting party. Unless the Hermes contract with whoever their broker is specifically excludes the act, you can sue Hermes as if you had contracted directly with them. Hermes have never revealed that third parties are specifically excluded and I'm quite sure that by now they would have done.

Once again, if you had read through the steps involved in taking a small claim as well as the threads on the sub- forum, you would understand that the next step is that you will receive a directions questionnaire and there it will most likely be indicated that Hermes have agreed to mediation if you want to go along with it. And you should agree. That's when it happens.

Once again if you had read up on this forum about the steps involved taking a small claim in the County Court, you would understand that because you go to the small claims track, if you lose then you only have to pay your own costs. In other words the cost that you have expended on bringing your action and any hearing fee would not be recoverable from Hermes. You might only be liable if you lose for Hermes reasonable cost of travel – and nothing else.

If you win then you will recover all of your costs as well as the money you are claiming.

All this is on the forum