Jump to content


  • Tweets

  • Posts

    • It's normally that information is usually given how it is stored. I.E. if kept physical then physical copies get sent out. If kept digital then digital copies get sent out. It's the idea that the information you get back is exactly how they keep it and exactly how they hold your data. It's why you'll quite often see screenshots of CRM systems on SARs and such
    • I think final version of WS now prepared with exhibits added.  All numbered properly. Of course it can still be tweaked if necessary. Laura will not need it on 25 June as that is just a Preliminary Hearing for her to represent her son. But as DCBL messed up and thought it was WS time why not prepare things calmly in advance. Defendant's WS - versione 3 + attachments.pdf
    • Your case shows the idiocy of employing a solicitor to do things you could easily do yourself. Had Countryside dealt with their own case they would have entered judgement on 4 June and there would have been no way back for you. But they thought they were clever by running to Rachael and Sean of BW Legal for a more "professional" (aye, right) service.  These dodgy solicitors can only make money on private parking cases by doing everything on the ultra cheap and certainly cant check the judgement date for every single separate case. Ho!  Ho!  Ho! Anyway, glad you got the defence filed OK. The next stage is that the central bulk court will send out a simple form called a Directions Questionnaire to you and to Countrywide which is part of the allocations process to your local court.  If you read this short thread you will see all the stages of the court process  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments
    • It is already trespass, nothing further needed to make out trespass. Not sure where ‘interference with goods’ helps you / how you’d bring a claim for that that stops them parking there.
    • Thanks Dx,    For some further information, the holiday was booked as a package holiday for 2. One of the 2 had to be changed, and changing costs £700 for a new flight as "tickets had been issued and they cant do a name change". I cant quite figure out how compensation works for things when it comes to package holidays.    From what I can tell  - The plane was due to land in Turks and Caicos to drop off passengers, something happened during descent, resulting in technical fault.  - The rest of the original flight from Turks & Caicos -> Montego Bay was cancelled  - A New flight was put on today, which was then delayed by 1.5hrs aswell  - Hotel was provided for the night after much hassle.  - 1.5 days, 2 evenings of holiday lost  If I understand correctly, since the original flight (LHR -> Turks -> Montego Bay) was cancelled, they are both entitled to a refund on that full flight? I can't quite work out if they are only entitled to a refund for the equivalent of Turks -> Montego Bay, or for the full LHR->Turks->Montego Bay, since it was issued as one ticket/all Virgin, and they should have arrived yesterday..?)  I can't work out how to get the cost of that compensation, or whether its a set figure, and how the loss of days of holiday is factored in   I am aware:  If you received less than 14 days’ notice of the cancellation, you are generally due compensation, awarded in pounds or euros depending on where your flight was due to depart from, according to the following scale: £220 / €250 for all flights of 1,500km or less (e.g. Glasgow to Amsterdam); £350 / €400 for all flights between 1,500km and 3,500km (e.g. East Midlands to Marrakech); £520 / €600 for all other flights (e.g. London to New York). Compensation will be reduced by 50% if the arrival time of the replacement flight doesn’t exceed the arrival time of the original flight by: two hours for flights of 1,500km or less; three hours for flights between 1,500km and 3,500km; four hours for all other flights. So I "think" its £520pp for the flight part as compensation (7500km)... but some sites say its a full refund for the flight... is it both?  Thanks,  Ryan  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Hermes destroyed my parcel, and wont compensate because its on their non compensation list **WON**


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1050 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi all

Being the fool that I am i thought in would use hermes to return an amazon parcel (being a poor student and having a hermes parcelshop nearby).

Used next day insured upto £300 delivery and was meant to be delivered saturday.
Got a notification on that day saying parcel delivery failed contact sender. With me being the sender i was confused, so i called them today (Monday), and they tell me the parcel was damaged and had to be disposed of. I cant see how this happened as I double boxed and insulated it.

Also it was a £700 laptop, so you can imagine my anger when they told me this.
The person on the phone told me to submit a claim form but i already know it isnt gonna be accepted because laptops are excluded from their compensation.

Their email and live chat service is awful and im sick of being on hold for 40 min at a time.

Thinking small claims but before i get all excited thought i would ask for some advice from you good people

 

Ive already read through a few different cases but ive also been in contact with santander (my bank) who asked me to provide proof it was destroyed and they would dispute on my behalf

Link to post
Share on other sites

It probably wasn't damaged. It was probably stolen and then logged as damaged and then destroyed - but in fact somebody has got a nice new laptop.

You returned this item to Amazon. Who organised the return? Was this done with an Amazon generated label – or did you make your own arrangements?

Link to post
Share on other sites

this will probably make you laugh, made me laugh. 

A couple months ago bough some airpods, and i returned them back to amazon a couple days after coz i didnt like them. Amazon organised a collection via hermes, and they were "lost". Waited 2 weeks and several annoyed calls later and finally amazon caved in and refunded me. This time, i specifically asked amazon if i could do it myself and they said yeah. So i did (last time i used hermes dropoff it was actually great, i returned something and it was perfect). So this time i thought thatd be better. Insured it and everything. So short answer is i did it myself haha

Link to post
Share on other sites

Thank you. Big Fail, then. If you had left it to Amazon then Amazon would have been responsible.

Do you have it in writing that it was damaged and then destroyed?

You need to go through the claims process with Hermes. Hopefully they will confirm that it was damaged and then destroyed. They told you in a phone call I understand – and I suppose you don't record your calls. You won't to read our customer services guide

Link to post
Share on other sites

yep i rang hermes up again and got them to say in an email that it was damaged and destroyed. Just concerned that the claim wont get anywhere since they exclude laptops. even the guy on the phone was fairly certain i was wasting my time and made sure to tell me

Link to post
Share on other sites

Okay was it declared as a laptop – and what was the declared value?

Link to post
Share on other sites

It's not clear what you're saying. You declared as a laptop. You're not saying what the declared value was. Earlier on you talk about it being insured to £300.

 

Link to post
Share on other sites

sorry, the laptop was only insured upto a value of £300 as that was the maximum hermes would allow me to do. However the actual value of it is £710 and thats what amazon wouldve refunded me had it arrived. On the claims form i declared it as a laptop as it asked what sort of item it was 

Link to post
Share on other sites

So you declared it as £300 value. Is this correct?

 

You say you're a student. What you studying? Don't tell me you are studying law… Please.

Link to post
Share on other sites

No i dont think so, i assume you are referring to when paying for postage, hermes ask the value of the item. Here i put £710. I only say it was insured upto £300 as the extra insurance i paid for only covers upto a max of £300. So no, i declared its price as what it was and paid for the insurance

 

Haha i wish i was studying law, make my life way easier. Nah i study medicine, so when it comes to stuff like this im useless hahaha

Link to post
Share on other sites

Okay. You should start reading around the Hermes stories on the sub- forum. You will find references to the various things that I've been asking you about – including declared value – and you will start to understand why it's important to know this.

You will also find out about our position on insurance and why it's unfair. And also there have been two recent cases one involving a good cheap a and another one on going involving a diamond engagement ring where we are referring to the tort of conversion. This tort can only be considered when an item is apparently damaged and then Hermes going to destroy it.

It's very important that you read around and understand the cases and the principles which are being discussed there. It's also important that you understand how these Hermes claims normally go – route they take which definitely involves starting a County Court claim. You will have to do this if you want to have any chance of getting your money back. The chances of getting your money back are good.

You keep getting very pessimistic about the things that you are told by Hermes – I love the innocence of people who listen to what Hermes staff tell them and then believe it. Bless!

 

You should also start reading up about taking a small claim in the County Court. It's pretty straightforward but it's worth understanding the steps in advance. You will be confident as you go through and you will become more self-reliant. This forum is about empowerment – not about spoon feeding

When you read around thoroughly, then come back here and will start to take you to the next stage.

 

Link to post
Share on other sites

Perfect, I hope it made sense what I said about the declared value. i attached a screenshot, this is where i put the £710 value

Ill have a look around and get back to you soon. Ive already done a bunch of research, I feel like i just need prodding in the right direction so i dont screw up. Thanks in advance tho 

Screenshot 2021-03-15 at 17.10.26.png

Link to post
Share on other sites

just type stop hitting quote please...

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Just been reading through a couple of the hermes cases, actually pretty interesting reads! The tort of conversion route seems like the most logical option in my case, as its quite similar to the gucci handbag case. The declared value was definitely £710 so that particular detail shouldn’t hinder anything. I feel pretty confident about the small claims process, theres a few decent templates out there. One thing that i am a little lost on is what an SAR is. I understand there is a thread, but is it just asking hermes what actually happened to the parcel? in this case anyway

Link to post
Share on other sites

Well if you follow the SAR link, you should learn a great deal.

You find that this forum is plastered with links and they are all there to be followed

Link to post
Share on other sites

I don't think nsar is it all relevant to you.

I think you still got more reading to go because otherwise you would know what the next step is.

I asked you in a previous post what you were studying but I didn't get any reply

 

 

 

Link to post
Share on other sites

sorry, i edited my reply because i saw it late. Im a medical student, albeit not a very studious one but i try my best.

I would assume a letter of claim would be the best course of action if im doing this then. 

Sorry if im a little slow, spent most of my weekend revising (have an exam on wednesday) so im pretty knackered haha

Am i correct in saying i would post the letter of claim to their head office, which would be their leeds address?

Link to post
Share on other sites

Why don't we let it go for the moment. Revise for your exam and then have a couple of days off and we will sort it out next weekend.

i think that is much the best thing to do. There is no hurry it won't make any difference.

don't take this as a lack of interest or anything. It simply that they shouldn't be the highest thing in your priorities and the end result of your claim will be the same either way. Although you probably will get your money back if you stand your ground.

 

I'm going to close this thread in order to remove temptation from you and after you have finished your exam may be on Friday then click the report button at the bottom of this post and ask for the thread to be reopened

 

 

Link to post
Share on other sites

Hi, hope everyone's had a good week. Got the next month off on holiday so hopefully with all your help I can make some decent progress on this. I guess from what i've gathered about similar cases, next step is a letter of action addressed to the leeds HQ. Is there anything in particular that needs to be done before this, or any other information that you need from me regarding this?

Link to post
Share on other sites

Okay, on the basis that you declared the correct value – £710, I would recommend that the easiest way to go is to sue them for breach of contract – failing to deliver correctly the laptop of that value.

However I would suggest that you put in a reference to the tort of conversion so that if it did go to court, hopefully the judge will issue some remarks about that element of it as well.

When you're ready and you are sure that you want to go ahead, then please post up a draft letter of claim

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...