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


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How long ago did you launch the formal process?

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Best to give them about 14 days.

Also I think I'm going to change your letter of claim a bit

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Quote

 

Letter of Claim- Tracking ID 9720470248287981
Dear Sir/Madam
As I am sure you are aware, I used your services on Thursday 11th March to
post a parcel containing an ASUS Laptop to the value of £719.10 to an address
in the United Kingdom.
I understand, after conversations with employees of your company and email
confirmation, that the parcel did not reach its intended destination as it was
damaged in transit, and subsequently you made the decision to destroy my
parcel.
Your contractual obligations were to deliver my parcel safely to its intended
destination and these criteria were not fulfilled. Not only have you breached
your contract with me by failing to deliver this parcel, but you have also
breached the Interference with Goods act 1977, by committing the tort of
conversion by destroying my parcel without my knowledge or consent. 

Furthermore you have provided no evidence either of the damage which was caused by your negligence or of the subsequent claimed destuction of my property. You

As a result of what has been outlined above, this is my official notice that I am
proposing to sue for the value £719.10, which was properly declared prior to
my postage of the parcel. I shall also invite the court to award an additional
sum of £100 in acknowledgement of the Conversion.

I also consider that the destruction by you without my authority of my property and then your denial of any compensation amounts to unfair trading within the meaning of the Contract Prevention of and Trading Regulations 2008. You may be certain that this will be brought to the attention of the judge and that the resulting judgement will be forwarded to trading standards as well as widely published over social media.
If I do not receive a reimbursement of £819.10 within 14 days, then I will
proceed to sue you for this amount in county court without any prior notice
Yours Faithfully

 

 

I've made a few edits. Also I notice that you haven't included the delivery costs.

You should include those and amend the letter of claim to reflect that.

We have to be careful about the wording of the particulars

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Thats fine with me, i always hated letter writing in english class definitely not my forte

14 days sounds good, like you said no rush really 

Yeah i thought i should leave out the delivery cost, as amazon actually refunded me for that when i first posted it, as they said they would cover postage

Edited by mynamenotjeff
amendment after new post
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Something like this, I expect

 

Quote

Breach of contract and/or Conversion, unfair trading
the claimant used the defendant's delivery service reference number XXX to send a parcel containing a laptop computer value £XXX 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 refuses to reimburse or compensate the claimant. The claimant seeks £XXX, the value of the laptop plus a maximum of £100 damages for conversion in the discretion of the court plus the delivery fee of £XXX: total £XXX – plus interest pursuant to section 69 of the County Court act 1989 plus costs

 

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Would asking for damages on the basis of emotional stress allow me to ask for a sum over £100. I would not be lying as initially it was causing me a lot of concern and worry, especially with my exam so soon after?

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no

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I've made a further modification to the proposed letter of claim above. It is in red.

I thought it might be interesting to introduce this allegation as well of unfair trading

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just seen it, its excellent, let them know they can't get away with this. Really intrigued as to what they have to say about themselves 

 

Is there anything else I should send along with the letter, or is that literally all I need to send?

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If you had done your reading around, you would know the answer.

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I have also made some changes to the proposed particulars of claim. You should start preparing your claim using the courts money claim website and make sure what has been drafted above fits into their limited space. If it doesn't then let us know and we will amend it so that it does fit

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This website is about self empowerment. I think we already suggested that you read the stories on the sub- forum and also the steps involved taking a small claim in the County Court.

You don't know the way forward then you will lack confidence. You will handle things much better if you have done the reading so that you understand where to go

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  • 3 weeks later...

Hello again

hermes have just got in touch with me via email, saying that they have processed a refund of £300 plus postage so £318. Obviously the laptop is worth £718. To be honest I was not expecting this, and I’m unsure what to reply and if I’m meant to still processed with court action, which would’ve been on the Monday coming. Any advice would be appreciated 

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Well that's not a bad start – but you can do better.

If they have made the payment to you unconditionally then I suggest that you wait until it arrives and put it in the bank.

After that I would send them another letter of claim pretty well the same as the one you have originally sent them and tell them that in view of their partial refund you are now proposing to sue them for the balance plus you will be inviting the court to make a discretionary punitive award in respect of the tort of conversion.

If you happy go ahead with this then put up the draft letter of claim here. I come in the what we put in the last one but basically is the same wording but slightly modified to suit the new circumstances

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That's fine – and yes, a further 14 days

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  • BankFodder changed the title to Hermes destroyed my parcel, and wont compensate because its on their non compensation list **WON**
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