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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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Lost valuable parcel with Hermes


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Helo @Bank Fodder,

 

I need your help about my missing parcel with Hermes.

 

I sent a parcel  using next day delivery from Hermes Parcel Shop (Unique Within The University) in Birmingham University on Monday, 7 of December 2020, at 12.11 PM,  to my home address in Kings Lynn, Norfolk.
Up until today, the tracking app indicates that my parcel is still at this shop. 
I opted for no Insurance because they only covered max £300, so I thought there's no point to insure it.
 
On the 11th day (18th of December 2020) they declared that my parcel is presumably LOST, and they sent me a claim form.
The parcel was a Limited Edition folding bike , the market value today is between £3.000-£4.000 from collectors, I can only provide the receipt from the shop that mentioned £2.250.
The claim form from Hermes didn't allow me to enter any amount over a £1000, so I put £1000 in the claim form and submitted it. They asked for 28 days to assess the claim, with a promise that if they found my parcel, it would be sent to me.
 
presently , I haven't heard anything back from Hermes.
My questions:
1. Am I allowed to take any (legal) actions towards Hermes during this 28 days, such as small claims or choose  representation to deal with this matter?
2. If the refund from Hermes does not cover the actual price of the bike, am I allowed to reject it and request a different claim action?
3. Is it possible for me to ask for a refund up to the current market price, because I can no longer find the same item  at it's original price, and this bike actually belongs to someone else. I need to find the exact same bike in order to return it to the owner.
 
I have all the proof of written communications between me and Hermes up until they sen me the claim form. I did ask them to access the CCTV from the shop, but they didn't reply.
 
If you could represent me dealing with this matter, it would be a great advantage.
 
Kind Regards,
LillyFire
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Firstly am afraid that we don't represent people at court hearings or anything else. We try to provide material and support to empower people and encourage them to stand up for their own rights.

We find it is very successful. Litigants in person generally speaking are far more motivated by Grudge – then paid professionals who quite frankly are pretty limited and prefer to get involved in correspondence which allows them to chalk up a regular hourly fee with no guarantee of any results.

I'm sorry about the loss of your bike. Have you any photos because I be variously to see what it is.

Also, I would suggest that you start keeping an eye on eBay and also gumtree – and anywhere else where these things might be sold off. I have no doubt that it has found its way into someone's possession and will eventually find its way on the market.

Please read the Hermes fence on this sub- forum to see what we say about the necessity – unfairness – of having to buy insurance to ensure Hermes against the negligence or criminality of their own employees. We think it is an unfair requirement and unenforceable.

The most important issue here is whether you declared it correctly – in particular the value. What value did you declare? I'm not talking about the claim form. I'm talking about the value that you expressed when you arrange the delivery.

We take the view that a contract is between two parties where they agree to carry out a particular task in return for a certain price. That means that if you declare a value of your bicycle at £300 then Hermes agrees to carry a bicycle of that value and if they lose it for any reason then I'm afraid that that is probably the extent of their liability.
As much as I distrust Hermes, I think that there is probably a fair assessment of their liability.

 

If Hermes eventually make you an offer and you aren't satisfied with it then of course you are free to knock it back and to continue with a claim for a larger sum. However, if you then lost the claim for the larger sum you would probably also not be able to return to their original offer.

The facts of your case are pretty normal – and we have succeeded, I think, in every claim that we have helped to bring on these facts. However, and outstanding differences the value of what you are claiming. Normally speaking Hermes prefer to go to mediation and then they settled at mediation with a half-hearted attempt to reduce the amount claimed – and so far we have managed to withstand those attempts to negotiate – except for one recent case where somebody agreed to settle without recovering their court costs.

However, if you are looking for some of more than £2000 or £3000 – then I think it's extremely likely that they will go to court.

This could be very interesting from our point of view – especially if they try to rely on the fact that you didn't buy any insurance. We are itching to find a case where we can get a judge to agree that the insurance requirement is unfair because that would put a coach and horses through Hermes argument – and also the rest of the courier industry which relies on the same business plan.

If you gives a bit more information then we can be a bit more specific.
 

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