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    • Well rac just responded    Ironically they're saying they bear no liability as the - and this is their words   "the catastrophic engine damage had already occurred before the first patrol arrived"    I've emailed back to say simply that we are unable to accept this explanation as the patrol did not raise any concerns in regards to engine damage and that if the engine had been "catastrophically damaged" that they still bear liability for advising to continue towing on it which caused the actual failure    Gave them 14 days to reconsider before opening small claims...     
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    • correct a DCA has zero legal powers. you don't need any 'legal powers' to issue a court claim..you or i can do that if we think someone owes us money, thats what the courts a are therefor, so a DCA thus has no more or less legal powers that you or i.   people end up getting backdoor CCJ's because they do not update their debt owners of their correct and current address. you are abroad, you are also lucky (or unlucky in terms of a uk asset) someone lives in the only? UK address they could use.... you say you'd get the mail or notification anyway...so...    
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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!
       
       
        • Thanks
    • 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
      • 33 replies

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


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There has been no reply to the above question and so I am assuming that the claimant is prevented even from revealing that information. We have to respect their adherence to the agreement. H

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 

Hi. Please help us to help you. You only have one thread to follow but we all have many times that. Which post did you put the DQ on?   HB

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

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  • 4 weeks later...

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?

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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?

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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 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Try after 4.00 and then tomorrow morning.

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In fact - even this evening.

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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
 

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

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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 ?

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

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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  • 2 weeks later...

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

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

 

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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.

 

 

 

 

 

 

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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northants bulk

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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 0300 123 1057 / 01604 619402.

 

Or email 

 

 

[email protected]

Intention to proceed

 

www.moneyclaim.gov.uk/

Directions questionnaire

 

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

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  • Andyorch changed the title to Hermes laptop issue ***Settled at Mediation***

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