Hermes Lost Parcel (PS5) Court Claim **SETTLED FOR FULL AMOUNT AT MEDIATION**

[BankFodder]

You have to allow three days for service and then 28 days.

I don't think you are quite there yet – but you should keep on checking the County Court website because it will allow you to apply the judgement at the moment that the deadline expires.

I'm afraid that Hermes regularly leave this to the very last moment simply to get your hopes up and then to – and down again as part of their campaign of destroying your morale

[samps_SBM]

understood, I was starting to hope maybe they've dropped the ball. I've been reading up on the mediation process to prep for that scenario regardless

[dx100uk]

Once a defendant has done AOS ..it is 33 days from the date on the claimform where by that is ONE in your count, which makes it this Sunday. However Courts close 4pm Friday so ideally should be done by then. but as neither of you can do anything till Monday if they don't file......

 

dx

 

[BankFodder]

So it's five days the service not three as I said. Sorry

[samps_SBM]

Good morning, I realised that the claim form was actually issued on the 29/04/2021 not the 28th I previously stated, either way +33day should of been yesterday. I tried to enter judgement this morning but it still says the number of days hasn't passed.

[BankFodder]

Well keep on trying. Try again after 4 o'clock this afternoon – and then again tomorrow.

However, you can be pretty certain that they will meet the deadline by a whisker

[samps_SBM]

Just as expected they've submitted their defence now, I've attached the PDF, it pretty much is the same as the others I've seen on here

 

Hi all please see the updated version Hermes defence 2.pdf

[dx100uk]

nice try hermes but it doesn't give you carte blanc to allow your staff to distroy, damage, lose or steal parcels whilst within your business..

 

p'haps if you paid them a better per parcel wage, they might think you are worthy of respecting, but by paying peanuts per delivered item and under the minimum wage too.., what type of employee trust do you expect to attract....

[BankFodder]

Let us know when you get the directions questionnaire. Hermes will probably indicate that they want to go for mediation – and you had better go along with this.

[samps_SBM]

Hi I received the Directions questionnaire yesterday so I will fill it in and opt for mediation. 

[samps_SBM]

Hi I have just received a date for mediation on the 21/07/21 will be reading up the other cases to prepare myself

[BankFodder]

Yes, you will find several threads where the defence has been on the basis of no insurance. You will find that I have ranted on ad nauseam about the unfairness and the fact that if it goes to court you will invite the court to exercise power to consider the fairness of unfairness of the insurance requirement and the fact that there is no choice because this is something which is operated through out the entire industry. And that you are effectively being asked to protect Hermes from their own negligence or the criminal activity of their own employees.

It is for Hermes either to exercise proper care or else to take out insurance to protect themselves.

And of course you will make sure that Hermes realise that if it goes to court then if the judge agrees that they insurance requirement is unfair and unenforceable, that will smash up their entire business model as well as putting a coach and horses through the entire industry and nobody will be thanking Hermes.

Let us know if you have any questions.

 

[BankFodder]

In particular, this post here is especially relevant because I have summed up the main points against the insurance requirement

 

 

[samps_SBM]

Hi all,

Apologies for the late, reply my case was settled at mediation for the full value requested less the compensation already received, total amount agreed £565. All in all, a great result thanks to all your help, whole process took place over 3 phone calls in a 30 minute period.

 

The first call was the mediator explaining to me his role and how the mediation would proceed, he then asked me for a brief explanation of the case then asked if I would be willing to settle today which I said I would settle for the full amount to save Hermes from further court costs. He explained that in previous cases he's handled the company may offer to settle but not for the full amount, however he will put my position to Hermes and see how they want to proceed.

 

I received a call 5 minutes later and he said Hermes position was that they had already compensated me via Packlink and they have no further liability, I stood firm and stated this is unacceptable and the lost packages were due to negligence from Hermes and this needs to be compensated. the mediator said he will relay this information back to them and a few minutes later he came back with an offer of £300 which they called goodwill. 

 

I said I will only settle with the full amount requested and save them from court proceedings, which will blow up the case for 1000s of people who have been in my position. The mediator said he would forward this information on, 3 minutes later he called back saying they have agreed to pay the full amount. 

 

Thank you for all your help and continued endeavours I’ll be making a contribution shortly so others can benefit from the same help.

[BankFodder]

Thanks very much indeed for this very helpful summary.

 

You can see that Hermes are simply using this procedure in order to try and be obstructive and to test their customers resolve.

Once you get to this mediation stage then they know it's all over and they try to make a few feeble attempts to save a bit of cash then by and large it's game over

[hakawaka92]

@samps_SBM i am in a similar boat at the moment and this gives me a lot of hope! They haven't said it's lost yet.. but its been almost a week and tracking still says "delay due to major event".

 

Thanks for updating your post!