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

[BankFodder]

Hi, this is a very interesting story.

Please would you mind giving us all the background.

In other words, what did did you send, when did you send it, did you declare the value of it? How much is that value?

You say that the item has been damaged. Where is the item now?

Just try to give us the full story in a bullet pointed chronology so that it is clear – not too much narrative and so we don't really have to follow up with too many more questions.

[BankFodder]

Thank you. It will be helpful to manage to get a proper look at the photographs you have posted. You posted them in image format and so they can't be expanded.

Please will you repost them in PDF format and then we can expand them more easily depending on our screen size. People with small screens have a lot of difficulty with these photographs which you have posted.

 

[BankFodder]

Thanks. Packlink are in Spain – although we did have somebody recently who successfully managed to obtain a judgement against them and was paid.

However, as far as I know the London address which they did have is now no longer effective and in fact they have now wound up as a business in England.

The best thing you can do is to attack Hermes.

It seems to me that by promising to pay you out, they have entered into a contract – which is possibly ancillary to the insurance contract. Hopefully you will read around here to know what we say about these insurance policies and how absurd it is to require you to insure them against their own negligence or criminal activity of their own employees.

However, that is not especially relevant here.

What is the extent of your loss – including the value of the coffee machine, the delivery cost and also the insurance?

[BankFodder]

Okay, £255 is your total loss.

I suggest that you don't waste time. You've done as much as you can in the circumstances.

I suggest that you write a letter of claim to Hermes. Point out that not only have they damaged your coffee machine by their own negligence, but also that they reneged on their binding promise to refund your money.

Tell them that if you have not had full reimbursement within 14 days that you will start legal action in the County Court and without any further notice.

Before you sent this, make sure the you've read up on this forum about the steps involved in taking a small claim in the County Court so that you know what you are doing and also you are hundred percent certain that on day 15 you will click off the claim.

Also, read around the Hermes threads on this sub- forum to understand how it normally works out – including the mediation process.

Register with the court service moneyclaim online and start preparing your claim. You can save your work as you go. Post your proposed particulars of claim here so that we can check.

I suggest also that you post up your suggested letter of claim here so that we can check that too.

Don't get involved in extensive narrative or telling your life story et cetera. Just go through the brief facts and then make the threat.

[BankFodder]

Check the edits which I made above. I have removed some of the detail – particularly in respect of the fact that you sold it on eBay. It's not relevant and it could affect the choice of court if it came to it.

You can refer to that later on if necessary.
Make sure that everything is correct and that you are happy to sign it off and then send it.

I have no idea what is the best email address to use. Find one or two or even three email addresses – and send it all of them.
As long as the letter of claim get through the door that's the most important thing. That's all that counts.

After that it's for them to organise themselves so they can deal with the male they receive in an appropriate way.

 

[BankFodder]

See if you happy with the proposed draft below

 

Quote

The claimant used the defendant's courier service to send a coffee machine value £255 to an address in X X X town. Reference number X X X. The coffee machine arrived in the damaged state and cannot be repaired. The claimant had paid an insurance premium to cover loss or damage of the item.
The claimant was promised full reimbursement but the defendant subsequently reneged on this promise and only refunded the delivery cost. The claimant seeks full reimbursement – £255 plus interest plus costs

 

[BankFodder]

Ignore it.
 

Or,

 

If it were me I would send in the following email

Quote

Dear Gavin,

Make no mistake, I'm coming after you.

Contracts (Rights of Third Parties Act) 1999

Believe me

 

[BankFodder]

8 hours ago, C987654 said:

Hey have filed a defence at 4pm today the day before I could request a judgement.  I thought it was last Friday but it was infact tomorrow they would have ran out of time 

were you actually monitoring the moneyclaim site on the Friday/Saturday/Sunday/Monday?

[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.

[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

[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.

 

[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

[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.