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    • It also says that claimant has 28 days after receiving a copy of defence to inform court if they wish to proceed. I dont have a date but would assume that they received their DQ after I filled my defence and that they issued me a copy dated 6th Jan, so roughly speaking they have 28 days from 6th Jan to inform court.
    • Husband and I have finally saved deposit to buy our house and seen a house we like so I checked my credit reports before we give the mortgage broker the thumbs up!    I knew something would come and bite me on the bum!    I had an overdraft with lloyds which I have not accessed since 2013. They have sold to Arrow Global who have put a big fat default on my account. It shows on my transunion credit report as pasted below. Defaulting in April 2020.     I did not change my old address with them. I am unsure how to approach this as cannot be sure it is statute barred as it is an overdraft (even though I have not touched it, acknowledged it since 2013). The default date shown is Nov 2015 but not reflected in the way Arrow Global are sticking the defaults on. Should I send a 'statute barred' or 'prove it' letter? Should I dispute with the credit reference agency? I am unsure!    I would like the default off the account the quickest way possible to have a clean credit report!      OVERVIEW   Account type Current Account   Status Default   Account number     Last updated 2020   Start date  2008     PAYMENT INFORMATION   Opening balance £1,199   Repayment frequency Monthly   Date of default Nov 2015   Promotional rate No     PAYMENT HISTORY     J F M A M J J A S O N D 2020       D D D D D D D D D     OK   Missed payment -- No data D Defaulted     BALANCE OVER TIME   Your balance has not changed since Jan '20.   APR '20 | £1199MAY '20 | £1199JUN '20 | £1199JUL '20 | £1199AUG '20 | £1199SEP '20 | £1199OCT '20 | £1199NOV '20 | £1199DEC '20 | £1199£1299£0JAN '20JAN '21
    • Just looking at their DQ answers, why have they put down 0 for How many witnesses, including yourself, will give evidence on your behalf at the hearing?   Does that inc other lawyers? Surely that should say at least 1.
    • Thank you BazzaS, I completely agree with you!      
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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
        • Like
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

I am at a loss as a buyer because Hermes constantly loses parcels and I had to pay more for replacements


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Can anyone advise, please?

I understand that Hermes contract is with the seller.

But, to date (over a period of 4 years) this company has lost ALL my eBay parcels!

 

I recently purchased a rare and discontinued Tom Ford item and didn't know the seller would use Hermes.

And, as expected, Hermes 'lost' the parcel at its National hub.

Luckily I found a replacement from the US.

 

However, the original item was £20 but the replacement cost £120.

Do I have any chance of winning, if I sue Hermes for the loss of £100 caused by their constant negligence and poor service?

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In principle you could recover the replacement value but I think it would be a stretch – especially at County Court level. I think these are the kinds of questions are more likely to be dealt with in a satisfactory way by High Court – and a claim for this value would not go to the High Court.

I think we have to say that you couldn't.

Anyway, you talk about having a loss of £100 which suggested me that you accepted Hermes bonbons of £20. Is that right?

He said that they have lost parcels over a period of four years. How many of them? What was the value? Did you accept compensation for them? If you haven't been compensated then you may be able to claim for those because the limitation for breaches of contract is six years

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Thanks a lot of the reply. I appreciate the support you provide on this platform. 

 

I have faced losses as a buyer since I moved to Wales four years ago. I did not seem to have the same issues previously where I previously lived in the Midlands. 

 

Over the past four years, Hermes has lost all 6 of my eBay parcels and delivered numerous other retail parcels to an incorrect address that is similar to mines, but has a different post code.  The total value of the lost items exceeds £1000.  I have never faced any issues with any other courier. 

 

Although I received my money from the seller, I am still at a loss as the market value of my items was a lot higher. I spent a lot of time and efforts online to find bargains. Due to Hermes negligence, I repurchased most of the items at 4 or 5 times the original price. I feel powerless, as buyers are usually not given the right to chose their couriers. It is frustrating to know that I will never be able to take advantage of a discount as long as I live at this address because the past experience tells me that Hermes will just take my item. 

 

Apologies for the confusion. The £20 was not compensation from Hermes, but the amount that I paid the eBay seller. The seller stated they will use Royal Mail, but used Hermes. Hermes 'lost' my item. I purchased a replacement for £120. And wondered if I could sue Hermes for the extra £100 that I had to pay because they have a pattern of loosing my items. 

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Thank you for this. As already indicated, I think it would be a real stretch to recover compensation for the cost of the replacement item. It sounds to me as if you are dealing in quite a specialised market. If you wanted to try then we would help you and it would be interesting to see what happened.

I'm surprised that you don't have the right to choose your courier. If you are dealing on eBay then instead of paying immediately, it is an easy matter to send a message to the seller and ask them for an invoice but make it clear that you want the item sent by some other means. Of course they may refuse but at least you can try. The other thing to do is to contact a seller in advance and say that you are bidding for an item but if you win, then would it be okay for them to use some other means of having the item delivered to and that you will be prepared to pay the extra. The seller may then agree.

Of course I realise that it's all a workaround and of course it's disgusting that one can't rely on Hermes when you pay them their money to do the job properly.

If you have a seller who uses a different means to the one they describe in their auction – then of course they are breaching the contract. However, it would still be a stretch to reclaim the replacement value from them – unless in their auction they claimed that XXX was worth £200 and they were selling it for only £100. In that case I think you would have a very good chance of recovering the £200.

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Thanks a lot for the reply.

 

You are correct, I supposed the only way forward is to treble check that sellers who claims they will be using Royal Mail or another courier in their listing don't use Hermes before making the payment. And ask ones who state they will be using Hermes if would consider using another courier before bidding.

 

I hope one day buyers get better legal protection and are told (as a compulsion) who will fulfil the delivery for online transactions. Till then, it may not be fruitful to lose more time and money on Small Claims Court fees if they chances of winning are low.

 

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I think there's probably right. Sorry

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