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Packlink agreed payout then changed their mind advising insufficent packaging


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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.

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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

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  • 1 month later...

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.

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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

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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.

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  • 4 weeks later...

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

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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.

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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.

 

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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 

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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

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