Court Claim Against Hermes raised - damaged goods ***Settled in Full at Mediation***

[BankFodder]

Well this is where you decide if you want to spend the extra money pushing the case forward – but if you don't then you lose everything now. So assuming that you want to go ahead, you complete the form. You tell them that you want it held at your local court because you are a private individual and they are a business.

Then probably you should agree to mediation.

Once you sent this off, start reading around the forum about people's mediation experience – and in particular have just had a report today that somebody has been gagged – prevented from talking about their mediation experience. I feel certain that this is Hermes who have imposed this as part of the settlement agreement. Mind you, the claimant got pretty well everything they were looking for – so it was simply Hermes testing and testing and making trouble.

Please read up all the various mediation stories on the sub- forum. There are some very useful information – but this new attempt by Hermes to gag people from reporting on how the mediation went is new.

We would suggest that you resist this then you tell Hermes that if they insist on gagging you at mediation then you will go to court and they won't be able to gag you when you get the judgement which will do them far more damage than simply reporting back on how a mediation went.

It seems to me that Hermes are getting backed into a corner. They are very stupid company

[Eyeroll]

I have already filled in the questionnaire and asked for it to be in a court near me. Sent it off a week or so ago. The questionnaire they have filled in and sent today - this is where I have seen they have agreed to mediation and requested the hearing to be near them. There was no mention of gagging?

 

I assume from your above post this post I just need to read about mediation...

 

[BankFodder]

If it happens – then it will happen at the mediation negotiation where personal they will try to knock you down to reduce the value of the claim. They will try to withhold your court expenses and at the end they will try to say that they will pay the money on condition that you agree not to say anything about the mediation process that you have been through.

It's up to you whether you want to stand your ground and tell them no on all counts and that you will go to court – or if you want to compromise either on the gagging agreement or even on the amount of money that you are seeking.
I think they have no grounds for forcing you to do anything. I think your position is very comfortable

[Eyeroll]

Ok. Thank you

[Eyeroll]

Thanks for all your help. Had mediation this morning and Hermes agreed to pay the full amount! 

[BankFodder]

Thank you for the update. Well done.

What a nuisance they are to make such a song and dance about a relatively small sum.

If you get a moment maybe you'd be kind enough to give us a reasonable blow by blow account of the mediation process. You might have read the accounts from other people – if you fancy doing the same kind of thing it would be helpful.

 

[Eyeroll]

Ok.

 

Got a phone call asking for me to layout what had happened. I had prepared a list of bullets so just read them and summed up at the end. Got a call back to basically say they agreed to pay - there wasn't any too or fro. I guess they realised it was silly taking this to court after all!

[BankFodder]

Thanks.

No pressure from Hermes to reduce your claim?

No pressure from the mediator's compromise?

[Eyeroll]

No pressure at all! Just 2 phone calls including the one to say they would pay. Was over by 8.30am.