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

[mynamenotjeff]

Hi, back earlier than the 14 days.

Hermes got back to me, got sent an email from what im presuming to be a senior member of their team. 

They've stated they can't refund more than £300 and that's about it. Ive attached the email in pdf format 

I would assume that this voids the 14 day wait and we can now proceed forward?

Your scan Scan to Hermes Complaints Incident 210415012967.pdf

[mynamenotjeff]

I thought I would modify the wording of the particulars to reflect the partial refund, please let me know if there is anything I need to amend

 

Breach of contract and/or Conversion, unfair
trading the claimant used the defendant's
delivery service reference number
6200157247452489 to send a parcel containing
a laptop computer value £719.10 to a UK
address. The defendants damaged the parcel
and then destroyed it with no warning to the
claimant and without authority. The
defendant's actions are Unfair Trading within
the meaning of the Contract Protection of
Unfair Trading Act 2008. The defendant
partially reimbursed to the value of £300,
as per insurance taken out by the claimant.
The defendant refuses to reimburse any
further. The claimant seeks £519.10, the
remaining value of the laptop plus a maximum
of £100 damages for conversion in the
discretion of the court: total £519.10 – plus
costs

[BankFodder]

That's fine but you haven't actually responded as to whether or not you have received the £300 reimbursement.

[mynamenotjeff]

Sorry must’ve slipped my mind, I did, got it back through PayPal and it’s currently sitting in my bank account 

Edited April 22, 2021 by mynamenotjeff

[BankFodder]

Quote

Breach of contract and/or Conversion, unfair
trading: the claimant used the defendant's
delivery service reference number
6200157247452489 to send a parcel containing
a laptop computer value £719.10 to a UK
address. Defendant damaged the parcel
and then converted it by destroying it with no notice to the
claimant and without authority. The
defendant's actions are Unfair Trading within
the meaning of the Contract Protection of
Unfair Trading Act 2008. The defendant
reimbursed the claimant £300, but

refuses to reimburse further. The claimant seeks £519.10, the
remaining value of the laptop +conversion damages not exceeding £100 in the
discretion of the court: total £519.10 – + interest on £419.10 per County Courts Act 1984 +
costs

I don't think you should refer to the insurance at all. There is a suggestion that you accept the validity of the insurance and of course apart from the fact that the insurance requirement is unfair, your claim is predicated on the fact that their insurance requirement is unenforceable.

 

[mynamenotjeff]

That’s fair enough, thanks for the advice again

 is there anything else? should I wait for the 2 week period to expire or does the fact that they got back to me before then void that and allow me to proceed?

[BankFodder]

I think it would be best to wait for the expiry of the 14 days. There's not long to go anyway. Are you completely ready to click off on day 15?

[mynamenotjeff]

Yep I have the draft claim ready on money claims all I need to do is sign and submit 

[mynamenotjeff]

Just a quick update, the 14 day period expired today and still heard nothing, so I have gone and submitted the claim on money claims. Hopefully this will stir up a positive result. I will keep everyone posted on any updates. Again, thanks for all the advice

[mynamenotjeff]

Another quick update, got a letter today saying Hermes intend to defend themselves. I have a quick question too, does this mean that this is going to go to a hearing, because from reading stories on subreddits it seems unlikely that they would take this to court?

25d539ec-16c7-4748-a39b-5927b310907a.pdf

[BankFodder]

Please will you read the Hermes stories on the sub- forum. You will have all these answers to very basic questions and it's very important that you understand the way forward.

I think we've asked you often to read the stories – but clearly you still haven't.

[mynamenotjeff]

I just had a read of the laptop one, and they did actually file the acknowledgement of service towards the end of the 14 days, and this letter came this morning. So am I to understand that towards the end of the next 14 days (ie, around the 29th) they will file the defence and suggest mediation.

I do understand your point and I assure you that I understand the importance of being self sufficient and not being spoon fed per se, so forgive me for that

Edited May 11, 2021 by mynamenotjeff
grammar

[BankFodder]

But you seem to be saying that you only read one Hermes story. I keep on saying that you should read the stories – plural.

If you want to succeed on this and be confident about what you are doing – then you are going to have to put the time in and do the reading.

[mynamenotjeff]

my mistake, I have read several, I missed the one about the MacBook and had just finished reading it. Apologies.

 

[dx100uk]

it's your case, you are the claimant, YOU decide if it goes to a hearing or not or mediation or not, nothing to do with the defendant.

 

 

[mynamenotjeff]

I see, thanks again for all of your help.

[mynamenotjeff]

hello again, been a while

Quick update, just received Hermes's defence and the form to send to the court for mediation etc. 

Going to post off the form tomorrow to the court. The notice of allocation to the small claims track form states to send it to the court, and also serve copies on all other parties. Am I to also send a copy of this to hermes?

Thanks in advance

If u need to see anything do let me know 

[BankFodder]

Yes. That means that you send a copy to Hermes as well.

Monitor this thread for a fuller reply tomorrow but make sure you start reading up the mediation summaries that are on this subforum

 

[mynamenotjeff]

sounds good, ill hold off on sending the form until your reply tomorrow. Shall I upload the defence that hermes put forward, if that's something you would like to have a look at tomorrow? 

 

Additionally, im concerned about something hermes mentioned. It seems due to my own human error I stated the value when purchasing the postage all those months ago as £720, rather than the true value of £719.10. I have no idea how I did this, bit of an idiotic mistake on my part admittedly. Their exact wording was that I have been put to strict proof as to the value of the item

Edited June 10, 2021 by mynamenotjeff
something to add

[BankFodder]

Send the form now. I have nothing more to say about that.

Yes please, posted the defence. It will be the same as them all but we may as well have a look just in case

 

[mynamenotjeff]

here you are, apologies for the poor quality

(edited previous post forgot to mention something)

 

particulars of defence_compressed.pdf

[dx100uk]

had to hide that 

claim number showing

 

and we need page 1 too please

 

 

[BankFodder]

Well it seems to be their standard defence. I have to say that the images which you post up are more than poor quality – they're sloppy and given the amount of support we give you, I would have thought it would only be reasonable for you to do a decent job. You can get scanner for about 70 quid and you'll have it for years.
 

The only difficulty with your case will be that you to pay an insurance for £300 and I can imagine that they may try to capitalise on that idea and say that this means that you accepted that was the limit of the liability.

Make sure you're familiar with all the arguments in the Hermes stories and wait for the DQ.

Let us know when you get it.

Buy yourself a scanner. Everybody will be better off with it

[mynamenotjeff]

I apologise for the photo quality first of all, I was intending in buying a printer/scanner but with being at university as you can imagine money is pretty tight and £70 is not something I can spend freely on something that would be used sparingly, especially with free printing being offered on my course

As for the insurance aspect, yes I can see that being something they try on prey upon. I know that you are against the idea of mediation, from other threads I’ve read and with this being a slightly larger sum, do you think mediation is the route to take or a hearing? 
 

I actually got the directions questionnaire with everything else so I just filled it in. I understand that’s what you meant by DQ?

[BankFodder]

You may see in the past I've written against mediation. I still think that it is not appropriate – but more and more people are using it so we have to go with the flow. Hermes use it routinely and we routinely get settlements at the mediation stage.
However it's important that you read the mediation stories and what I say about not giving up any of your rights.

In terms of not getting a scanner…