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By BankFodder · Posted
Okay, if you are happy with that then go ahead. You are going to claim the declared value plus the delivery costs. Now draft a letter of claim. Not too much narrative. Just get to the point. Tell them what you want. Tell them that you want it in 14 days. And tell them that at the end of 14 days you're going to send them the good news -
19 Aug 2020 14:41:24 BST Transaction ID: 2 You sent a payment of £116.89 GBP to DPD Local Online (paypal@dpdlocal-online.co.uk) The amount due will be collected by Direct Debit within 3 working days after It may take a few moments for this transaction to appear in your account. Merchant DPD Local Online paypal@dpdlocal-online.co.uk Instructions to merchant You haven't entered any instructions. Delivery address – confirmed xxxxx United Kingdom Dispatch details The seller hasn’t provided any dispatch details yet. Description Unit price Qty Amount Delivery Services £116.89 GBP 1 £116.89 GBP Paypal Surcharge £0.00 GBP 1 £0.00 GBP Subtotal £116.89 GBP Total £116.89 GBP Payment £116.89 GBP Payment sent to paypal@dpdlocal-online.co.uk From amount $223.26 AUD To amount £116.89 GBP Exchange rate: 1 AUD = 0.523562 GBP Invoice ID: 3010796
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Thanks Honeybee...I await the regulars for more input
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By honeybee13 · Posted
I think that's a great first draft and it made me giggle. Please wait for the forum regulars to give it the once over before you send it, just to be sure. HB -
By BankFodder · Posted
Okay well it looks as if you are probably right. What does it say on the invoice?
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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!
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