Jump to content



  • Tweets

  • Posts

    • It takes a long time to agree trade deals because there are so many aspects to consider.    UK companies trade with US consumers including US Government every day of the year, with the previous trade arrangements still in place.   There is no hurry to agree a new trade deal. It takes thousands of civil servants in both Governments to go into every aspect and they just don't have the people available to do this work.    
    • Hi thanks so much for the update and all the information. I will get my reading glasses on and look at the claim info and court info.  I agree let’s proceed issuing a letter straight away.  I am happy to stump the fees for court and am confident we will win.  The police officer I have dealt with has secured further CCTV evidence which I will ask a solicitor friend to get hold of from the Hermes parcel shop should we need any further evidence the parcel was dropped and collected.  Once I have read all the pages on here I will start putting the letter together and post on here for further advice.  thanks again,  mark 
    • The reason that I have indicated that it is the seller who should bring an action against Hermes is not because they are the seller – but because they are the person who suffered the loss. If you haven't suffered a loss then you probably don't have the status – locus standi – to bring a court action. Of course there is a slight problem that you didn't enter into the contract with Hermes – the purchaser did. Until 1999 this would have been a problem and would have prevented you from bringing any kind of action at all – at least on the basis of contract. However, since 1999, the Contracts (Rights of Third Parties) Act gives the beneficiary of any contract full third party rights as if they were a contracting party. The only exception to this is that if the contract specifically excluded non-contracting parties – and I'm not aware that Hermes has yet amended their contract to try and prevent this. Of course as usual, Hermes will make a big point about the fact that no insurance was purchased. Hopefully you have been reading around the threads on this sub- forum and you have seen that our view is that it is completely unfair and in fact it is absurd to require a customer to pay money to protect Hermes or any other service provider from the consequences of their own negligence or the criminality of their own employees. Every time this point has been raised with Hermes in mediation, Hermes have settled and we consider that it is because they want to avoid going to court to get a definitive judgement that their insurance scam – is precisely that – a scam. On the basis of what I understand here, this is more than just negligence there is criminality and your bike has been stolen. You've already begun a complaint and you have been knocked back and so I think there's no point in mucking around and I think that you should simply issue a letter of claim to Hermes giving them 14 days to settle in full or else you will begin a court action. Make sure that you have read around the forum about taking a small claim in the County Court. It's very easy but you need to be aware of the steps. If you send the letter of claim, then don't expect that they are suddenly going to refund you your money. They won't. They will force you to issue the court papers and who will then force you to pay the hearing fee. At this point, they will opt for mediation and they will try to knock you down and get your compromise in your claim. You should stand your ground and refused to compromise even a single penny. We will help you all the way. You seem to be a seller and a purchaser here who are getting on very well together and so as you are motivated by a common purpose, you may want to get an agreement where you decide to share the fees of court action – which won't be very much. I haven't checked the court fees for this value claim – but I expect that the whole thing will be only about £120. Of course you will get that back when you win – but bear in mind there is a is a slight risk factor and that means that £120 would be the extent of your risk and would be the maximum that you would lose. It is inconceivable that you would lose. You should be claiming the cost of the bike, the cost of delivery, plus interest which is presently 8% – a very good rate in today's economic climate. Of course you will also claim back your court fees. If you want to proceed then please let us know and let us know also that you have read around the stories and also the steps involved taking a small claim in the County Court and that you understand what you are doing. If you do your basic reading over the next couple of days then we can help you draft a letter of claim on Sunday and you can send it off on Monday. I would recommend that you post your draft letter of claim on this forum so we can check it. Keep it short and to the point.
    • That's what keeps divorce lawyers and mediators in work, I suppose. You think he's being unreasonable and he thinks you are.   My gut feeling is that it would be better to have this agreed in writing so it can't be challenged later, but that's just my opinion. Here's more information from the CAB in case it covers something you haven't already considered.   HB
    • Biden doesn't seem bothered about negotiating a trade treaty to suit the UK government's timetable. I don't suppose they saw this coming, not that the amount of trade involved makes up for what's being lost with Europe anyway.   https://www.independent.co.uk/news/uk/politics/brexit-boris-johnson-usa-trade-deal-b1807616.html
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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***


Recommended Posts

  • Replies 68
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

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

Link to post
Share on other sites
  • 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?

Link to post
Share on other sites

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?

Link to post
Share on other sites

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 

  • Thanks 1

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... 

Link to post
Share on other sites

Try after 4.00 and then tomorrow morning.

Link to post
Share on other sites

In fact - even this evening.

Link to post
Share on other sites

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
 

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites
  • 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

 

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

 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

Link to post
Share on other sites

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

Link to post
Share on other sites
  • Andyorch changed the title to Hermes laptop issue ***Settled at Mediation***

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...