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By honeybee13 · Posted
That's good news for you, Magic. Thank you for coming back to tell us, I've amended your thread title to show the outcome. HB -
By onestressedwoman · Posted
Hi I received a letter from a solicitor yesterday for my daughter (who no longer lives here) from a solicitor. It is a county court claim in relation to a RTA 2 years ago. I have some questions in this regard No.1 She doesn't live here anymore and I have no idea where she is (due to a far from ideal relationship he won't let her contact me) No.2 I don't understand the details are at best miss representations No.3 They say the Insurance company has admitted liability although she was not at fault They say she hit them at 40mph and then again at the opposite side of the car at 30mph when in truth to vehicle pulled out at a T junction into the front of er car. causing significant damage to my daughters car. No.4 Apparently my daughters insurance has accepted liability however they are claiming which has as stated in this claim already been satisfied by her insurers No.5 On schedule of costs it details physio costs for which there is no doctors referral detailing back pain and neck pain for which the walk in clinic advised paracetamol and it notes this woman has had significant back pain for 10 years? No.6 Its also lists 2 defendants my daughter and the insurer. No.7 The chosen court is 200 miles away ! I have photos which totally disprove these peoples account, but my daughter isn't here can't tell her . Should I respond to this and detail the evidence I have here on my CCTV. Give them pictures of the road where the accident happened totally disproving their account? I don't know what to do -
By Magicratxx · Posted
Quick update in case its helpful to anyone in the future. Covid made things a little different i think, there was no prosecutor to talk to however the legal advisor to the magistrates was helpful and happy to make the decision to do the deal, this took place in the courtroom, although i had spoken to someone (i think an advocate) half an hour before who had made them aware of what i was asking. All was relatively pain free and ended up with a £3xx fine rather than the £8xx, and 3 points rather than 6. Thanks for all your help MITM -
By BankFodder · Posted
Thank you for this – and thank you for the donation. You need to check your PayPal email address because that was the email which was used for it. It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing. Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it.
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Our picks
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Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 27 replies
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Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile. -
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
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!
Picked By
BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
- 1 reply
Picked By
BankFodder, -
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