Jump to content


  • Tweets

  • Posts

    • Better to keep my suggested paragraph as one rather than split it......defence above amended.
    • So they've produced a copy of a statement amounting to the figure claimed for AND a copy of the CCA but it isn't signed... Not sure if that's admissable or not due to it being online, it does have my account number and address on, but the customer signiture and date section is blank.  They posted this up online the day after the case meeting....   Is it game over?
    • PD 44 Timing of summary assessment   9.2 The general rule is that the court should make a summary assessment of the costs – (a) at the conclusion of the trial of a case which has been dealt with on the fast track, in which case the order will deal with the costs of the whole claim; and (b) at the conclusion of any other hearing, which has lasted not more than one day, in which case the order will deal with the costs of the application or matter to which the hearing related. If this hearing disposes of the claim, the order may deal with the costs of the whole claim, unless there is good reason not to do so, for example where the paying party shows substantial grounds for disputing the sum claimed for costs that cannot be dealt with summarily. https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part-44-general-rules-about-costs/part-44-general-rules-about-costs2#para9.5    
    • I find many inconsistencies in the posts from Louiseannmarie, not least her reference to her 'badge number'. Since when have the British Police held badges? They are issued with a warrant and use collar numbers for identification. Possibly has watched too many American movies!   'Her' spelling and grammar are less than I would expect of a Police Officer and her threat to report the site to the West Midlands Police, whilst claiming to work for them does not ring true.  Suspect that 'she' is a troll.
    • Thanks @lookinforinfo.   The text is updated:   1.       This case is often quoted by the claimant as assisting their case. However, in this instance it actually assists mine. It is contended that the act of stopping a vehicle does not amount to parking. This predatory operation pays no regard to the byelaws at all. It is likely that this Claimant may try to rely upon two 'trophy case' wins, namely VCS v Crutchley and/or VCS v Ward, neither of which were at an Airport location, which is not 'relevant land'. The Airport land is subject to the Airport Byelaws as specified in 'Section 63' of the Airports Act 1986 [EXHIBIT A]. Both cases involve flawed reasoning, and the Courts were wrongly steered by this Claimant's representative; there are worrying errors in law within those cases, such as an irrelevant reliance upon the completely different Supreme Court case. These are certainly not the persuasive decisions that this Claimant may suggest. Furthermore, VCS has been running the parking business at airports over the years it would be expected that they would become familiar with the Airports Act. Unfortunately, they choose to neglect and deny the Act in their Witness Statement.
  • 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

Not your normal type of Hermes query....


Recommended Posts

So on Wednesday we had a parcel delivered by Hermes that contained items (IKEA plastic bowls, tumblers, cutlery etc) which had our address on it but not either of our names being addressed to “householder”.

 

I would have pointed this out to the driver but by the time I got downstairs they were driving off half way down the road already.

 

As this does not belong to us having not ordered it and there was no delivery note or invoice in the parcel I emailed Hermes to ask they come and collect this as presumably from the tracking number they will be able to ascertain who the sender was and at least deliver it back to them as I don’t think these came direct from IKEA and believe the parcel has been round the houses as I can see an additional label under the top one dated September....

 

From the initial responses I’m not sure they are too bothered as they have simply said they have fulfilled their contract by delivering it to the address on the parcel which I suppose they have with the only problem being it’s not ours...

 

I have in the latest email to them pointed this out and advised I would store the parcel safely for 28 days after which I will give the contents to a local charity shop in the event they don’t collect it.

 

Can anyone see any issue with this as these really are unsolicited goods and I don’t really want to store them in the loft for 6 years due to the statute of limitations 😀

 

Thanks

 

Kjun

 

Link to post
Share on other sites

You I think you are acting absolutely correctly. Make sure that you have a paper trail. Take pictures of everything – and then do exactly as you have said, donate them to a charity shop. See if you can get a receipt from the charity shop.

I suggest that you hang onto the packaging for a little while longer – maybe a couple of months.

You are I think you would have done all you easily could – and the ability is with Hermes. You would certainly cause much greater problems for yourself if you sold them and made money out of it.

Link to post
Share on other sites

Thanks BF I am not too confident that Hermes will actually collect it as I think they think they have done what was asked of them which I suppose to be fair they have considering it was addressed to my house.

 

Very odd though since I didn’t order it but will either donate to charity or perhaps see if one of the kid’s nurseries around here fancy it as be perfect for picnics and make sure I get written confirmation that it is a donation 😀

Link to post
Share on other sites
  • 2 months later...

Just to finish this post off I never heard anything further from Hermes so donated the items to a local pre school nursery who kindly provided an email confirming this and that no payment was involved. 
 

Just hope Hermes or the retailer has refunded whoever sent it or whoever it was meant for....

Link to post
Share on other sites

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...