Hermes laptop issue ***Settled at Mediation***

[Nassa10]

They have issued an acknowledgment of service, this is standard procedure for them right?

[BankFodder]

Yes. The next step will be that they will trot out their defence – and after that there will be a directions questionnaire and it is at that point you will have to decide if you are prepared to push forward and to pay a further fee to go to a hearing. This is Hermes testing you out and seeing how much you are prepared to spend in order to assert your rights.

Hermes will spend much more money than the whole thing is worth trying to beat you

[Nassa10]

Hi, I issued my claim on Oct 27th and Hermes acknowledged it on November 3rd but have not put forward a defence yet I can still not request a default judgement, is this right?

[BankFodder]

Well they have 28 days from the date of deemed service. That means, I think that you have to allow two business days from the date of issue of the claim and then add 28 days.

So if you issued on the 27 – let's say 28 October. Service would have occurred – let's say 30 October, to be on the safe side. Count 28 days from then. You should be able to enter judgement today – or maybe tomorrow – although it seems a little bit later than it should be. Keep on checking

What time of the day on the 27th did you issue it?

[dx100uk]

deemed service is 5 days + 28 = 33 days

but that was saturday so shouls have filed friday before 4pm.

but anyhow as bf says give it till tomorrow or weds then 

[Nassa10]

12:05pm, just tried now and no change 

[BankFodder]

Try after 4.00 and then tomorrow morning.

[BankFodder]

In fact - even this evening.

[Nassa10]

They have now submitted their “defence”

Doc_20201130_160657.pdf

[BankFodder]

Okay. By and large they are saying that the computer was a prohibited item and therefore it was carried at your own risk. Despite this they agree that they sold you insurance on it.

They also say that it was damaged and could not be delivered – but they don't say that it was destroyed and they don't produce any evidence to say that it was damaged or why the damage was so much that they couldn't deliver it. Clearly wasn't sufficiently damaged that your address details et cetera were lost because they apparently know exactly which parcel you are talking about and they know exactly which parcel it was that they were meant to be delivering. They are completely aware of which parcel it was which was damaged and they are completely aware of the extent of the damage which allows them (they say) to say that they were unable to deliver it – or to return it to sender.

Of course it's all nonsense. They haven't produced any evidence of damage and they haven't explained why they couldn't then deliver it or return it. It's only a laptop for goodness sakes. It's not an elephant.

It's not perishable goods that started to decay in their wrapping and losing out or making smells and attracting flies et cetera. It was only a laptop.

They also made a stupid mistake because they say that you didn't insure for £245 – but they have mistaken the figure that you are claiming because £25 of that is your claim fee. They now seem to be suggesting that you should also insure your claim fee!! These people are really stupid.

 

They don't say in what way the fact that it may have been a prohibited item somehow affected the risk of it being damaged. They don't explain why they knew it was a period item and yet they agreed to carry it and also they agreed to sell you insurance.

At some point you will get an allocation questionnaire. Let us know when you get it. It will ask you which court you want to have it heard in – and she will indicate that it is your local court because you are a consumer and they are a trader. You will have to pay a fee if you are prepared to go on.

Hermes will have indicated that they want to go to mediation – and you should agree. Read around the sub- forums about mediation and how it normally goes and how you will come under pressure from the mediator to reduce the value of your claim. Read what we have to say about that and our advice to you about standing up to the mediator.

Let us know when you receive the next stage
 

[Nassa10]

Thanks for your help, when am I likely 

to receive the questionnaire?

[BankFodder]

I'm not sure of the delay. Maybe my site team colleague @Andyorch will be able to tell us

[AndyOrch]

Check the MCOl console and status of the claim...When it states Allocated...you will receive the Proposed Notice of allocation to Small claims track along with N180 Directions Questionnaire.

 

Did the court send you the defence or the claimant ?

[Nassa10]

Court didn’t send it yet but they only did it today 

[AndyOrch]

Well the court will send you a copy along with the Proposed Notice and N180

[Nassa10]

DQ was sent to Hermes on 01/12 and there has been no update since, is this usually the case?

[AndyOrch]

Who sent it to Hermes ?  Hope not you... yours goes to the court named on the DQ.

[Nassa10]

I haven’t received mine yet, Hermes’ DQ was sent to them by the court on the 1st

[AndyOrch]

Okay wasn't very clear what you was saying......so still no sign of yours.Have you rang the court to inform them of none receipt. ?

 

You could use the following but you will still have to ring MCOL to find out the date to submit and which court it needs to be returned to.

 

 

 

 

 

 

[Nassa10]

I will ring tomorrow, will the number be on the MCOL website?

[dx100uk]

northants bulk

 

dx

 

[AndyOrch]

 0300 123 1057 / 01604 619402.

 

Or email 

 

 

[email protected]

Intention to proceed

 

www.moneyclaim.gov.uk/

Directions questionnaire

 

[Nassa10]

I received my direct questionnaire from the courts, is it fine for me to send it first class back to the courts?

[BankFodder]

Did you receive a copy of the defence? And have we seen it?

[Nassa10]

Hi, yes I sent it to you guys on this thread