Announcements
-
-
Tweets
-
-
Posts
-
-
By BankFodder · Posted
Please will you go through many of the threads on this sub- forum. Most of them are about Hermes – but their principles are the same. The first thing to say is that you declared the value is only £300 even though the lost luggage is apparently worth far more than that. I'm afraid that because you declared £300 value, you won't be able to claim back any more than that. The basis of the contract is that you both agree on various aspects of the contract including that you will put £300 worth of goods into their care for delivery – and they promised that they will deliver it. The risk they take as far as they know – is £300. If you had declared a higher value then you would be able to claim that. On the matter of prohibited items, he'll be in seem to know what aspect of your luggage they consider to be prohibited. But regardless of that, the prohibited items list is irrelevant when it comes to items which are lost. They would need to show that the fact that it was on the prohibited items list meant that there was a greater risk of the item being lost. I don't think anybody could imagine a situation where this might be the case. Of course if the item was damaged and it was on the prohibited items list then it might be a valid exclusion. For instance, if your item was made of glass and it was broken then because glass is on the prohibited items list, you will probably not be able to claim. On the other hand, if they lose an item which is made of glass – clearly the fact that it is made of a substance which is on the prohibited items list, has not contributed to the fact that it has been lost. So your situation here is that you can ignore their attempt to rely on the prohibited items list. This would be an unfair and therefore unenforceable term under the consumer rights act. However, I'm afraid that the maximum you will be up to claim will be £300 plus any delivery or insurance costs. Had you declared the full value of your items then I'm confident that we could recover that for you. If you'd like to proceed then please let us know. You will definitely have to begin a court claim against them. Unfortunately they tend to throw obstacles in your way to test you – and to see how serious you are. With our help, you could start a small claim in the County Court and your chances of success are extremely high. Please do your reading of this sub- forum first -
By honeybee13 · Posted
Click on SAR in my post, it will take you to a new page. HB -
By Titchytitch · Posted
Where can I get a template or the DSAR form please -
By honeybee13 · Posted
You're right, requesting data is the most important thing. Without that, any letter could be pointless. Send Aviva a DSAR. HB
-
-
Recommended Topics
-
-
Our picks
-
Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**
hellothere124 posted a topic in Postal and Delivery Services,
Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
- 32 replies
-
-
Post in Bailiffs in at BBC obtain 7 years interest on overpayment of TV licence
Its WAR posted a post in a topic,
I sent in the bailiffs to the BBC. They collected £350. It made me smile.
-
-
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!
Picked By
BankFodder, -
-
***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-
- 1 reply
Picked By
BankFodder, -
-
-
Recommended Topics
-
-
Recommended Topics
-
Lowell claimform - old Mobile Debt - Missed Defence date now judgement- Can I Do Anything
-
Recently Browsing 0 Caggers
No registered users viewing this page.
-
Have we helped you ...?
Recommended Posts
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 accountSign in
Already have an account? Sign in here.
Sign In Now