Packlink agreed payout and then changed their mind - Hermes forced to settle - **SETTLED**

[BankFodder]

Thanks.

Nothing new. You should get a directions questionnaire fairly soon. Let us know.

Now that you seen the standard defence, make sure that you have read sufficient of the Hermes stories on the sub- forum to understand what your position is in respect of each point they make.

[C987654]

Ok i will have a look around.  Thanks

[C987654]

i have received the directions questionnaire (small claims track) today.  I have until the 4th of May to return this

[AndyOrch]

 

[C987654]

22 minutes ago, Andyorch said:

 

 

Thanks i found that online seems a pretty basic form to complete just giving my contact details and to advise i would consider mediation

[C987654]

After no action for a while I have seen it being updated today to say a general sanctions order has been submitted.  
 

From research I am guessing that they have not submitted the DQ back but will be given additional time to do this.

[BankFodder]

It's a disgrace that they are given this latitude. They are a huge well resourced company that routinely exploits the small claim system not for justice but simply to intimidate their customers and to try and whittle down the number of claims against them.

It really is an abuse of process and it's a shame that the deadlines – certainly as they are intended to apply to business litigants, are not enforced robustly

[C987654]

I know every step of the way they have filed things on the last day possible.  They don’t even attempt to resolve the issue when you contact them before going down the small claims process probably aware a lot of people would give up at that point.

[C987654]

Just received an email advising a mediation date at the end of the month.  After all the delays hopefully an end is in sight 

[BankFodder]

Make sure you rehearse all the points that you are going to make.

I suggest that you use a Microsoft Word document with a two column table.

In column number one make a brief note of the point they are making – and in column number two, put your argument in response. – All very briefly so you can simply refer to it during the mediation telephone call.

Read the mediation stories on the sub- forum. There are some excellent summaries and in fact when your mediation is over, we'd appreciate if you could put up summary of your mediation journey as well – so take notes.

You may well come under the pressure from the mediator to give some ground. Don't forget you are completely in the right and there is no reason for you to give any ground. However, you can tell the mediator that the advantage to Hermes are settling now is first of all they will be able to carry on bullying people into thinking that they must see pack link and that they don't have the advantage of the 1999 Act. You can also tell the mediator that if Hermes want to go to court, you are perfectly happy to do so and you will also ask the judge to consider the fairness or otherwise of their requirement that their customers insure themselves against Hermes own negligence or the criminality of their employees.

You can tell the mediator that you will tell the judge that you were forced to take out this insurance cover because of fear but you still consider that it is unfair and you will ask the judge to consider that. Point out to the mediator that under the Consumer Rights Act the judge will have a duty to examine the fairness of the term and the Hermes should be warned, that if the judge finds that the insurance requirement is unfair, this will cause very substantial difficulties for them in the future because you will make sure that the judgement is plastered all over social media.

Tell the mediator to tell Hermes that if they want to go down that route – you are absolutely delighted because it's no skin off your nose and 255 quid is not a big deal for you anyway. Ask the mediator to point out to Hermes that it's only 255 quid to you – but it would be a huge amount of money to them. Do they really want to do this?

 

In any event, it's extraordinary that you were promised compensation and then they reneged on it. It shows that there even more untrustworthy than anybody thought. Tell the mediator that you will be pointing this out to the judge as well and that the judge won't be very pleased.

You want everything you are entitled to – every last penny including all of your court costs and you will give no ground.

[BankFodder]

By the way, Hermes may come back and say that the decision to pay you out was a decision of Packlink and not them. Tell the mediator once again that this makes no odds. It was still a contract for you to end your complaint in return for the payout and Hermes are equally bound by this under the Contracts (Rights of Third Parties) Act 1999.

 

[C987654]

Thanks.  I’ve been reading the posts from here in preparation.

 

i will do exactly as you advise and draft notes including the fact they’ve deliberately delayed the process with missing deadlines to get information back to court.  This has lessened my willingness to compromise 

[BankFodder]

I wouldn't give any hint that you were ever interested in compromising.
I don't think there's any value in pointing out their delays.

I think you should simply stick to the substantive issues

[C987654]

Ah ok thanks for the tips 

[C987654]

Hi

 

I have had my mediation today and have settled for £267.50 which is the full amount of £255 for the claim and half the costs of the mediation.

 

The mediation itself was much quicker and more simple than i thought.  The lady called and gave the basics around what the mediation was about and then asked about the case.

 

She then asked for a very brief outline of what happened.  She then advised she would call Hermes and call back.  At this point she had not asked me to say if i would settle for a lesser amount just purely what had happened.

 

When she called back 5 minutes later she advised Hermes had looked at the case and denied that they were responsible and it would be packlink that i would need to get in touch with also that when looking at the claim they had seen that packlink had advised there was insufficent packaging and that is why i did not get the full amount however as a goodwill gesture they would pay £255 to avoid going to court. 

 

I disagreed and said that i should not have to pay the court fees but (i don't know why) said i would split the costs.  I think i was more happy that after 6 months i was getting it settled.

 

She went back to Hermes and phoned me 5 minutes later to say they disagreed again and that it was my choice to go to court but in order to reach a settlement agreement they would be willing to settle for £267.50.

[BankFodder]

Thanks for the update.

Not a bad result so well done.

Hermes deceiving everybody again about your right to sue them under the Contracts (Rights of Third Parties) Act. Did you tell that to the mediator?

Hermes are fundamentally dishonest in respect of this third-party rights issue.

 

[C987654]

The mediator was very good and did not put any pressure on to settle and stuck to the facts but looking back Hermes mediation tactics were to deny everything making it sound like you didn't have a case then offer the amount minus the £25 so my focus went on the amount rather than counter arguing the facts of the case.  If that makes sense.

 

 i didn't like principal that i was going to be paying the costs of bringing it to court by myself as they suggested that it was my choice to do so when every attempt to speak to Hermes about this previously was met with silence or links to packlink.

 

Also if they were that sure i didn't have a case why were they so willing to offer almost the full amount from the off but i wasn't going to argue over £12.50.

 

 

[honeybee13]

Well done.   Some caggers have found that mediation was quite difficult but it sounds as if you had someone impartial.

 

HB