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By Spottydog2020 · Posted
Thanks dx100uk - I'm not sure what the council will do next so will wait and see and update later if there are any developments. Thanks to all on the site for the advice. This has been hanging over my head for so long - wish I'd done it sooner. -
You can't really legislate for what may or not happen....get the credit and then see what transpires. Andy -
By BankFodder · Posted
Don't worry about it. Hermes try to wriggle out of every piece of obligation that they have. As soon as you put your parcel into the care of Hermes, it is up to them to look after it and if they are careless or if there staff are criminal – then it is up to them to deal with the problem. They can't pass the buck onto their customers. Can you tell us more about the dates, what it was, value – et cetera. Have you got a formal rejection of your claim from Hermes on the basis that it was stolen? Please could you post up in PDF. If you have some other notification from Hermes that it was stolen from the van then please can you post that up in PDF format. We would love to see it. Spend some time reading around a good dozen or so of the Hermes threads on this sub- forum so that you understand how it all goes. You're pretty well guaranteed to get your money back – but Hermes as usual will spend more than the value of it trying to block you. I don't know what Hermes business model is but it makes no economic sense to me to spend so much time trying to deprive their customers of what they are entitled to along with the reputational risk. Once you have read around the Hermes stories and also once you have read about how to bring a small claim in the County Court, come back here and we will take you through it. -
Which 2nd letter do you refer to? Are you talking about the letter from Vanquis? As thats the only letter with wrong dates on it. -
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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,
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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!
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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-
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Natwest Bank Transfer Fraud Call HMRC Please help
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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-
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