EVRi Lost Parcel - Court Claim Issued **SETTLED AT MEDIATION**

[BankFodder]

You haven't included a reference number

[stormfly]

i've removed it for the purposes of posting. It will have claim reference and Parcel ID when sent

[stormfly]

claim submitted

[BankFodder]

I'm sure that they will respond – but just in case, make sure that you keep a good diary note so that on or about day 14/15/16 you start checking up the County Court website to see whether you can apply for judgement.

[stormfly]

|Keeping you updated.

 

I received an acknowledgement of Service dated 22nd March. Hermes intend to defend the claim and it says have 28 days to file a response.

[BankFodder]

Thank you. This is absolutely normal. If you read around you will probably even find some copies of their standard template defence. Also you will see how other people's similar stories have progressed similarly

[stormfly]

Hi Again

 

I've been compiling my court documents today ready for potential court hearing. In one of the very first messages from Hermes they state

 

Quote

We're so sorry that despite an extensive investigation, we have not been able to locate your parcel.

 

 

I would like to draw on this point and ask them to provide evidence as to what their  'extensive investigation' comprised. Should I write to them and ask for this information in preparation, or wait until the mediation or hearing?

 

Thanks

Edited March 26, 2021 by stormfly

[BankFodder]

I don't think you need to start compiling documents yet.

Please read the other stories on the sub- forum and you will see how it progresses. If it goes to mediation then you really won't need many documents at all – just simply a good grasp of your own situation and an understanding of the principles

[stormfly]

Hi Bankfodder. Papers were issued 18th March and the date of service was deemed to be served was 23rd March.
The defendant responded with acknowledgement and asked for 28 days from date of Service to file a response.

 

28 days is up today ( if 23rd March is counted as day 1) and I have not received anything further from the defendant.

 

Can I now go ahead and request judgment?

[BankFodder]

You shouldn't even be asking. You should be checking the money claim website regularly and applying for judgement the moment it lets you

[stormfly]

Thanks

 

It has let me request judgement since day 14. However, as they responded with acknowledgement of service I thought I had to give them 28 days to file a defence as per their acknowledgement letter.

 

The letter stated they now had 28 days total, from date of service, to file a defence

Edited April 19, 2021 by stormfly

[BankFodder]

This shows that you haven't been doing your reading around the Hermes sub- forum. This question has come up several times and the answer is always the same, you should move in and apply for  judgement as soon as you possibly can. You don't need to ask for permission.

Until you apply for judgement there is still a chance that they could put in their defence even if it is beyond the deadline.

This means, that you might have allowed them to put in a defence while you were wondering whether or not to apply for judgement.

Big Fail

[stormfly]

I'm struggling to understand this.

The MCOL guidance was quite clear that I needed to give them 28 days if they sent acknowledgement of service. 

 

Notice of Issue  - 18th March

'The court sent it to the defendant by first class post on the 18th March and it will be deemed to be served on the 23rd March 2021"

 

Acknowledgement of Service - 22nd March

'An acknowledgement of Service to your claim has been filed today, which is attached for information. The defendant now has 28 days from the date of service of the claim to file a response"

 

Taking 28 days from the 23rd that takes us to 20th April. Please could you direct me to what I might be missing?

 

Thanks

 

[BankFodder]

Have you been to the money claim website and tried to apply for judgement?

If you haven't then do it now

[stormfly]

I have and it will allow me to request judgement.

Are there any risks If I do this too early. (I.e I haven't left the 28 days)

[BankFodder]

If it feels that there is some barrier or reason why you shouldn't apply the judgement then it will simply stop you.

If it really is allowing you to apply for judgement now then do it. I'm not sure what the problem is.

Do you want to win your case against Hermes or not?

[BankFodder]

So have you applied? Or has it blocked you?

We are all on the edge of our seats

[stormfly]

Its stopped me going further based on judgement Type. I shall try again tomorrow which is day 28

[dx100uk]

date top right on claimform +33 cal days (claimform date is ONE in the count) = 19th april. they had till 4pm today to fill a defence

[BankFodder]

Don't be surprised if tomorrow you are notified that there is a bar on the process – which means that they have filed the defence and you are now prevented from applying for judgement.

However, you should certainly try and if it allows you – then go ahead and apply. It has happened once or twice that Hermes had missed the deadline.

 

[stormfly]

Hello, first thing this morning I was able to complete the request for Judgment.  

[BankFodder]

Excellent well done.

It's strange because that is to people now who have managed to slip into the deadline. Very unusual that Hermes didn't get there first.

However, do appreciate that your application for judgement has to be processed and if Hermes managed to get their defence in before it has been processed, then there defence will take priority

[stormfly]

Hi again, as you pointed out they managed to get a bar on the process and the Judgement was rejected.
I've received their defence and direct questionnaire today,-6 days late. Hermes really are a piece of work, I'll be making sure the mediator knows the lengths Hermes go to to crush their customers 
Now to fill in this questionnaire and get is sent back.

[BankFodder]

Please post up the defence in pdf format. I suppose it will be the same as all the others but we may as well see it.

 

What makes you think that the mediator or anybody else cares

 

[stormfly]

Sorry, I've got no way to scan it at the moment but its the same as the others. They admit to losing the parcel but deny the claim value based on their contractual terms and that I did not opting for their 'increased compensation'. 

 

Its not so much about caring, but If the mediator is doing their job properly then they should at least acknowledge the situation. My understanding of mediation is that their job is to help the parties find a way to share their perspective and help them find a way to settle by starting from where both parties perspectives lie.