Jump to content


  • Tweets

  • Posts

    • Yes it was in her name at her address.  She used my address as a care of address when she moved into a care home.  I was managing her affairs from my address while she was in the care home.  Eon was made aware of this and agreed to it.  She/we used the Royal Mail redirection service from her old address to my address. 
    • @maroondevo52 what appears to be happening, is that the companies arranging vaccinations have been provided with bulk supplies of both flu and covid boosters. So the staff doing the vaccinations have trays with both ready to go into arms.                       
    • EON may have paid £89 refund in error and now they want it back.   Up to you really. But once you have sent the copy death cert that should stop any further communications.  You can of course look to take this further, but whether you would easily gain any compensation, is the question that you need to ask yourself.  They may dig their heels in and you then get into months of ping pong communications.
    • Great thanks, will leave 2 in then, replace 3 and I think its good to go.    This is exactly what I have in my word file ready to send, I think im happy with it and can send to mcol monday morning. Any further thoughts or things to update please let me know.   Again thank you both for your help, really is priceless.         Defence:   1.     The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.    2.     The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.   3.     Paragraph 1 is noted. It is accepted I have in the past had agreements with New Day LTD RE Aqua. I do not recall the precise details or agreement nor the claimant either having failed to plead an agreement/account number within its particulars of claim and have therefore sought verification from the claimant.   4.     Paragraph 2 is noted but until such time the claimant can clarify the agreement account number any breach has yet to be proven.      5.     I am unaware of any legal assignment or Notice of Assignment allegedly served by either the Claimant or New Day LTD RE Aqua pursuant to the Law of Property Act 1925.   6.     It is denied with regards to the Defendant owing any monies to the Claimant. The Claimant has failed to provide any evidence of the Agreement/Assignment/Default notice or Termination requested by CPR 31. 14, and will shortly be in default of my section 78 request, therefore the Claimant is put to strict proof to:   (a)   show how the Defendant has entered into an agreement and; (b)   show and evidence the breach and service of a Default Notice pursuant to sec 87(1) CCA1974 on which the Termination referred to relies upon. (c)   show how the Defendant has reached the amount claimed for; and (d)   show how the Claimant has the legal right, either under statute or equity to issue a claim;   7.     As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8.     On the 17th of November I requested to The Claimants Solicitors, Mortimer Clarke by way of a CPR 31.14 copies of the documents referred to within the Claimants particulars to establish what the claim is for. Mortimer Clarke have failed to fulfil my CPR 31:14 request.   9.     On the 16th of November I made a section 78 legal request to the claimant for a copy of the Consumer Credit Agreement. The claimant has as of of 06/12/21 failed to comply.   10.  By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
    • Hi just a quickie   Now in reference to my Post#2 here have they actually provided you with those policies that I pointed out and importantly a copy of there Public Liability Insurance?   If they haven't   Make sure and send them a little reminder adding to the letter in Post#32 that so far they have failed to provide these and you require clarification as to their reason for this failure     Dear Sir/Madam   Complaint Reference: XXXXXXXXXXXXXXXXXXX   Further to my recent letter about this matter Dated XX/XX/2021 I would also like to add that so far you have still failed to provide the following:   Copy of your Compensation Policy (not the leaflet) Copy of your Complaints Policy (not the leaflet) Copy of your Customer service Charter/Policy (not the leaflet) Copy of your Public Liability Insurance (not the leaflet) Copy of Repairs an Maintenance Policy (not the leaflet)   I asked for these is my letter to yourselves dated XX/XX/2021, to date you have failed to respond to this request nor is the Housing Association being Open and Accountable to it's Service Users and I require full clarification for the reason for this failure and when you are going to provide what I have requested.   If you refuse to provide these I require full clarification as to your reason with links to the relevant legislation and exactly which parts you are relying on for your refusal of my request.     Note: If they have answered this please ignore but from your responses I think they have tried to ignore this so you add this to put a rocket up their 'beep' so to speak.   You are more than welcome to the help it's what we are here for, you just look after yourself and take care     
  • Recommended Topics

  • Our picks

  • Recommended Topics

Another stolen Hermes item - Razer laptop


Recommended Posts

  • Nice laptop (c. £750 worth) sold on eBay
  • Bought inpost shipping via packlink which of course ends up with Hermes
  • No extra cover taken - silly boy, but reading this place maybe not?
  • Arrives on Sunday, package tampered with and devoid of laptop

 

I have

  • Pics of packaging on arrival, clearly tampered with
  • Video of unboxing, showing it is indeed empty
  • Doorbellcam footage of the delivery .. you can tell it's empty by the way it's being handled and also the tampered tape
  • A crime reference number, in fact they already attended in person - good eh?
  • Spoken to Ebay, who shot me over to packlink
  • started claims process with packlink - they'll pay me £25 no doubt and send me on my way

 

Next steps:

  • Wait for the £25, ask for the full amount, get knocked back
  • Submit formal complaint, wait 2 weeks
  • Submit letter of claim, wait 2 weeks, then submit money claim stuff (been through small claims court, to actual court in the end, so familiar with the process broadly)

 

Gaps for me:

  • Who does the complaint / letter of claim go to?  Hermes? Packlink?  Inpost?  All 3?
  • I get the bit of law that says it's Hermes fault regardless of which country the others hide in (rights of 3rd parties) but which bit says I should get my cash back because a criminal working for them stole my laptop and I shouldn't have to insure against that?

 

Many thanks, fantastic place you have here!  Love a fight :-)  Pic of tampered parcel attached, not really OK for me to post the doorbell footage is it?

 

 

Oh and forgot to ask ... in the meantime do I refund the buyer via eBay?  Am I weakening my position in any way by doing this?

Thanks!

 

 

 

pix.pdf

Link to post
Share on other sites

Refund the buyer immediately. It's not the buyers fault and it is your responsibility and if you want good feedback then you ought to show maximum cooperation and goodwill.

In terms of the rest, it looks as if you have got it all off pat.

You already seem to understand that you will be suing Hermes – so why would you want to send the letter of claim to packlink?

The only step you've missed out is that you should make a formal complaint to Hermes. Do that now. Don't set a deadline but after about 10 days if you haven't heard anything or you've been knocked back then come back here.

Let's see a draft of your letter of claim – and also let's see a draft of your particulars of claim.

You've obviously done lots of reading – but keep on going. As probably lots more nuggets to pick up before you launch into action.

Also make sure that you understand the steps involved in taking a small claim in the County Court

Link to post
Share on other sites

Quote

Refund the buyer immediately. It's not the buyers fault and it is your responsibility and if you want good feedback then you ought to show maximum cooperation and goodwill.

 

Will do .. at first I was a bit suspicious until I googled 😕  

 

Quote

You already seem to understand that you will be suing Hermes – so why would you want to send the letter of claim to packlink?

 

Because of this thread post:

Quote

The only step you've missed out is that you should make a formal complaint to Hermes. Do that now. Don't set a deadline but after about 10 days if you haven't heard anything or you've been knocked back then come back here.

 

..in my next steps, bullet 2.  I wait for claim rejection first?  I guess I've already got reason to be salty even before they ask me to go away.

 

Massive thanks for responding so quickly!!!   I will follow your advice and post drafts shortly.

 

OT but didn't want to create another thread so quickly .. I had an issue with a parcel that went walkies in December last year, they strung me along for months and I got my £25 back in May and was so exhausted I gave up right away.  This was DPD but it was basically incompetence, they tracked it around the place and then said it had been lost .. big box of hifi equipment - not exactly playing cards.  Can I go for that too?  Or too much time passed? Or is lost in this way simply not the same as theft en-route?

 

Cheers!

Adam

Link to post
Share on other sites

Start a separate thread for the DPD parcel.

The most important thing is the basis upon which you accepted the £25.

Link to post
Share on other sites

  • 1 month later...

So sorry for the delay, life has been nuts.  Had some back and forth with Hermes and Packlink send me £25+postage but nothing fruitful - time for letter of claim.

 

My draft below and feedback appreciated!

 

Quote

Dear Sir/Madam,

LETTER OF CLAIM

Parcel reference number 5602797507082178

On 23/07/2021 I used your service to send a parcel under the above reference number.  This was purchased via 3rd parties (inpost via eBay packlink) but I am pursuing Hermes as the party that provided the end service (Rights of 3rd parties act 1999).

While the parcel did arrive at its destination, the item posted was missing from the package - lost/stolen in transit is the assumption.  The packaging was damaged and video footage shows handling of said package that supports the notion that the item was already missing on delivery.  This was reported under crime reference number SP-101582-21-0101-00.

Value of item to me = £654 (£750 was the sale price, fees are deducted from this)
Postage cost = £5.65
Packlink compensation =  £5.65 + £25 (standard compensation)
Total loss to (amount of claim) = £629

Value of item was declared at time of purchase automatically - as it was purchased via eBay/Packlink.

Hermes informed me that I should pursue Packlink for compensation (support reference 210726-008850) and that Rights of 3rd parties act did not apply as '..we are not able to deal with any companies bookings under Hermes, for delivery/collection, these companies all wish to to deal with all their own customer.'  Which is fundamentally incorrect and misleading.

Packlink informed I would not be entitled to further compensation as I chose not to pay an additional premium at time of postage.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action.  Furtermore it is for Hermes (the end provider of service) to protect themselves against liability for their own negligence.

If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice.


Yours faithfully

 

Many thanks again!!!

Link to post
Share on other sites

Presumably this is addressed to Hermes – correct?

Link to post
Share on other sites

Quote

Dear Sir/Madam,

LETTER OF CLAIM

Parcel reference number 5602797507082178
 

On 23/07/2021 I used your service to send a parcel under the above reference number.  


While the parcel  did arrive at its destination, the item posted was missing from the package I am assuming that it has been stolen.

 

The theft has been reported to the police. Crime reference number  SP-101582-21-0101-00.

 

This was purchased via 3rd parties (inpost via eBay packlink) but I am pursuing yourselves as I am entitled to do under the Contracts (Rights of Third Parties Act ) 1999).

 

Value of item to me = £654 (£750 was the sale price, fees are deducted from this)
Postage cost = £5.65
Packlink compensation =  £5.65 + £25 (standard compensation)
Total loss to (amount of claim) = £629

 

You have so far declined to reimburse me and I am therefore informing you that I'm proposing to begin a county court claim against you within 14 days and without any further notice unless you reimburse me in full before that date.



Yours faithfully

 

Link to post
Share on other sites

  • BankFodder changed the title to Another stolen Hermes item - Razer laptop

If you have written evidence of it then it is extremely useful – but what they said is in fact evidence. It does not contribute to the fact of the case.

The facts of the case are and use simply that you sent the item, they lost it, they refuse to reimburse you.

When you prepare particulars of claim you plead facts. You don't plead evidence. Evidence is what you would adduce later on in order to prove the facts or to damage their credibility – in this case the latter.

Link to post
Share on other sites

In their email response to me they said, and I quote:

 

"In terms of your question regarding your 'Rights of third parties act 1999' we are not able to deal with any companies bookings under Hermes, for delivery/collection, these companies all wish to to deal with all their own customer."

 

Thanks for claification.  Particulars of claim are for the moneyclaim bit right?

 

 

 

 

Link to post
Share on other sites

Yes that's what particulars of claim are for.

I have to say that if you are asking that kind of question then you still have a lot of reading to do

Link to post
Share on other sites

thread tidied of unnecessary previous post quotes ...just type!!

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

Time to complete the moneyclaim part as there has been no response from Hermes.

 

Draft particulars of claim below

 

Quote

I used the defendant's courier service (albeit arranged via 3rd party but claiming against Hermes as per entitlement under rights of 3rd parties act) to deliver an item with value £654 (£750 less eBay fees) to a UK address.  Reference number 5602797507082178.  

 

The item was tampered with in transit and the contents (a laptop plus accessories) were stolen. 

 

The courier have refused to compensate as I did not pay for additional insurance.  Hermes requirement that the customer is responsible for insuring themselves against negligence/criminality of courier employees is unfair within the meaning of the Consumer Rights Act 2015. 

 

3rd party already refunded postage cost + £25 flat amount without my approval so I have excluded that from my claim amount.

 

I'm seeking £629 + interest + court fees of £70.

 

Let me know what you think, thank you!!

Link to post
Share on other sites

When does your letter of claim 14 day limit expire?

Link to post
Share on other sites

Well I'm going to say that everything should have been ready by now. The whole claim should have been prepared and saved on the money claim website ready to click off.

 

I don't understand the costings in your particulars of claim. How much are you actually out of pocket?

Link to post
Share on other sites

"I'm seeking £629 + interest + court fees of £70."

 

...from my letter of claim to Hermes:

Value of item = £654 (£750 less eBay fees)

Postage = £5.65

Packink sent me £5.65 + £25

 

So my loss is £629 + interest + the £70 MCOL fee

 

Thanks!

 

Link to post
Share on other sites

What's the reference to the eBay fees?

Link to post
Share on other sites

Item sold for £750, but I only saw £654 of that after fees (what I actually lost out on).  I mention it becuase on eBay invoices etc.. the £750 is mentioned.  If it's not needed, I'll just declare the value as £654.

 

Thanks!

Link to post
Share on other sites

If it sold for £750 and you didn't get a reimbursement from eBay then that is how much you are out of pocket.

If you refunded the buyer, then why didn't eBay refund you the fees? I thought they normally do

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...