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Hermes managed to lose my rowing machine! – ***WON***


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I don't even think they will challenge that.

It's so obvious that the addressee/recipient of the parcel is a beneficiary of the contract that they would scarcely dare.

Mediation is really not about putting forward subtle arguments. If they happen to raise it then you just tell them that it's obvious and if they don't like it then you are happy to go to the court and get the judge to decide.

If they start making stupid points then just get stubborn and tell them that you are happy to go to a hearing.

It's the fact that you don't care and that you are happy to take them to court and get everything exposed in the open that gives you the upper hand in any discussions with them.
The stubborn – keep stubborn – and don't be frightened about the mediation failing. If it did happen to fail then don't worry – if it goes to court then you will probably win.

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4 minutes ago, BankFodder said:

I don't even think they will challenge that.

It's so obvious that the addressee/recipient of the parcel is a beneficiary of the contract that they would scarcely dare.

Mediation is really not about putting forward subtle arguments. If they happen to raise it then you just tell them that it's obvious and if they don't like it then you are happy to go to the court and get the judge to decide.

If they start making stupid points then just get stubborn and tell them that you are happy to go to a hearing.

It's the fact that you don't care and that you are happy to take them to court and get everything exposed in the open that gives you the upper hand in any discussions with them.
The stubborn – keep stubborn – and don't be frightened about the mediation failing. If it did happen to fail then don't worry – if it goes to court then you will probably win.

That's very reassuring!

Thank you very much and I will put my stubborn mask on for that hour specifically (normally I am quite easy-going lol). 

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Also if they happen to make the point that you could easily have sued P2G and that you should have done this. Your responses that you have a third-party rights conferred by statute and you will see who you damn well like and if they are not happy with it then you are happy to end the mediation and to go to the judge. Stubborn.

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34 minutes ago, BankFodder said:

Also if they happen to make the point that you could easily have sued P2G and that you should have done this. Your response is that you have a third-party right conferred by statute and you will see who you damn well like and if they are not happy with it then you are happy to end the mediation and to go to the judge. Stubborn.

Haha. I get it.

I wouldn't give them any reason why I chose Hermes but not P2G, as this is my right to sue whoever I prefer in this incident.

And I will make sure they know that I am ready to bring it to the court as I have the confidence to win it.

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  • 2 weeks later...

I just finished mediation, and I got 350GBP for compensation at the end. Thank you very much for all the assistance! 
Also, surprisingly mediator is very helpful and friendly. 

 

----------------Summary of mediation-----------------------
First call: (3 minutes)
 - Mediator explains his role and what to expect in the mediation process. 
 - Mediator summarized my case and asked me if there was anything missing
-  Mediator asks about my expectation - I say I am ok not to go to the Court with a full refund
- I told him that I had the contract with P2G, and I was aware of that third party act 1999. Therefore, I am claiming from Hermes now.
-  Mediator called Hermes. 

 

Second call:(6 minutes)
- Hermes re-state that I have a contract with P2G, not them, and this is not how it works, bla bla bla.
- Hermes offer me 47.45 GBP for compensation
- I said that is ridiculous, and I am happy to go to Court because of the third party act
-  Mediator called Hermes. 

 

Third call: (6 minutes)
- Hermes offer me 100 GBP for compensation
- Again, I rejected the offer and was happy to see them at Court.
- Mediator asked for proof of the value of the rowing machines; I sent him an email with the PrintScreen of EBAY.
- Mediator called Hermes. 

 

Fourth call:  (5 minutes)
- Hermes offered me 300 GBP + 22.54GBP (delivery cost), which is their last offer
- I counter propose 300 GBP + 50 GBP (Claim fee
- Mediator called Hermes. 

 

Fifth call (3 minutes)
- Hermes agrees and will get my money before the end of this month.

 

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Good. Well done.

You can see how Hermes' method is to benefit from the (free to them) small claim system in order to exploit a scarce taxpayer funded resource simply to try and place obstacles in the way of their customers in an attempt to discourage them from pursuing their claims.

The Hermes approach has got nothing to do with justice – it is simply about using tactics to place obstacles and to discourage people.

This is abusive and it's a real shame that somebody doesn't stop it.

Well done on your result – and especially, thank you for this excellent summary which I'm sure will be a great help to other people.

I hope you won't mind me pointing out that we have a donation button somewhere around if you feel that you want to celebrate! 😜

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  • BankFodder changed the title to Hermes managed to lose my rowing machine! – ***WON***

Exactly, I hope that I can witness its closing down in the future years. 
I just sent through a donation. It is not much, but I hope you won't mind 😛

Edited by dx100uk
unnecessary previous post quote removed
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:yo:

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... 

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  • 2 weeks later...

:cheer2:

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... 

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So.. after reading i do understand that it much easier to go against Hermes, if you booked thorught parcel2go. They do not try ti make you life miserable by delaying, repeating a lot of times that you are wrong- like parcel2go does.

 

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