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    • If someone only receives a Govt benefit - ie working tax credit - and barely has enough money to pay for food, utilities, public transport and general essentials - what happens if their bank receives a 3rd party order to freeze the account because of an unpaid debt and a mistaken assumption that account holder has hidden funds/savings ?  Does the bank allow the account holder access to the bank to pay for life essentials?  Or does the bank literally freeze the account so nothing can be bought, no bills paid for ?   
    • Hi   As promised here is a response I have put together for you please fully amend as required   Dear XXXXXXXXXX   Complaint Reference: XXXXXXXXXXXXX   Further to your correspondence on XX/XX/2021 I find your response unacceptable for the following reasons:   You felt there was a data breach due to maladministration as we had the incorrect email address for you. As previously advised, the email was not sent to another individual but was undelivered due to having the incorrect email address. I   have requested a copy of the undeliverable message from our IT team. Once this has been received, I   will forward it to you. This has not been reported to our data protection officer as there was no breach. I  did also try to contact you by telephone to get the correct email address after it was returned to us, but there was no answer   I disagree with the above for the following reasons:   a) The Housing Association that sent it to the incorrect email address  b) The Housing Association were fully aware of my email address as you have been responding to myself at my email address even when I initially reported this and had a response from your online portal. c) This was a potential Data Protection Breach irrespective that it was undelivered and should therefore be reported to your data protection officer. d) You were responding to my emails at the correct email address and the as previously stated when I initially report this and got a response from your online portal to my email address, you incorrectly sent the response to an email address due to typo errors in that email address by the individual that sent.  e) If the individual that sent that email to the incorrect email address due to typo errors was yourself then you have a Conflict of Interest in dealing with this matter as it involves yourself and someone else should be responding to that matter therefore I require clarification if it was indeed yourself that sent the email to the incorrect email address.   You feel that this should be a stage 2 as your response was out of time due to having the incorrect email address. You received the response one week after it had been originally sent, once you provided the correct email address. This would not meet the criteria for escalating to stage 2. I  had already offered compensation of £25 for the delay in responding to your complaint. My colleague that reviewed this for stage 2 has advised that an additional £25 could also be offered to compensate for the delay caused by not having the correct email address.  Please note any compensation awarded would be offset against outstanding arrears in the first instance should there be any on your account.   I disagree with the above for the following reasons:   a) Your initial response was sent to an incorrect email address due to typo error irrespective that it was received one week later it was still out with the agreed stage 1 Time Limits therefore should be dealt with as a Stage 2 Complaint    Contents insurance is the responsibility of the resident to arrange. You are aware when you take on your tenancy that your personal belongings are your responsibility to repair and maintain, not A2Dominions. As such, any insurance to cover these items would have to be arranged by the tenant. There is no requirement for us to advise of this. Your tenancy agreement gives a comprehensive overview of what is A2Dominion responsibility. Should you have any queries about these. you can refer to the document   I disagree with the above for the following reasons:   a) As I was not aware of this by your staff when I took out this tenancy but you point out I was made aware therefore I would like to be provided with evidence from my housing file that I was informed of this when signing this tenancy agreement. If you cannot provide this then you cannot state that I was made aware at the time of taking up this tenancy. b) You point out their is no requirement for you to advise of this which I find astounding for any Housing Association to state this as they should be making any new tenant fully aware that Contents Insurance is required and the reason.   I  have been informed that the flood affected many members of the community that day. There were so many people affected that a local support group was also set up. This shows that the issue was widespread, not just limited to affecting your property and also proves that the issue stemmed from a wider mains issue. I do appreciate that there was a blockage in your drain which exacerbated the issue within your property, but as advised in my stage 1 response, this was attended within our urgent call out timeframe of 24 hrs. This was then passed back to Pyramid Plus as they were unable to dear the blockage, and follow on works were arranged. We are unable to attend to issues until we know about them, and we attended as soon as this was reported to us.   I disagree with the above for the following reasons:   a) In a previous response you blamed the mains water companies issue therefore not the Housings issue now you have changed it to a wider mains issue yet as I preciously asked to be provided with evidence again you have failed to provide that evidence. b) The blockage which you have previously been in denial about and suddenly admitted and openly blamed the main previously you have know admitted. As this blockage I within your property boundaries and is inside internal in my property the Housing is responsible for that issue and the further damage caused. In reference to your request for the previous reports by other residents, we would be unable to provide that information to you. We cannot discuss any reports by other residents under any circumstances   I disagree with the above for the following reason:   a) My request for how may tenants have complained about this you previously stated 'your system does not allow you to find this information' and now it is 'we cannot discuss reports made by other residents under any circumstances' I find this completely unacceptable as I did not ask this I only ask how many tenants had complaint about this issue whether it be one or ten as an example how difficult can it be as this does not breach any data protection laws and if you still insist on this approach then you can provide my with with full and I do mean full clarification as to your reason with which article and section of the data protection act you are using for your failure to comply with a reasonable request and your failure still to explain FOI.    
    • No!   Not because what you've written is wrong - it isn't - but because it's best to keep Simple Simon in the dark about how you are going to bat off his claim.   Look at   https://www.consumeractiongroup.co.uk/topic/393251-received-a-court-claim-from-a-private-parking-speculative-invoice-how-to-deal-with-it-hereupdated-jun-2021/   and then scroll down to   Q2) How should I defend?   Adapt the defence there.   The more you read up on VCS "no stopping" airport threads here the more you'll educate yourself on what needs to be done.
    • Defence :   1. No keeper liability as this is not “relevant land” under the POFA 2012 and I the defendant puts it to strict proof that VCS show as to who was the driver at the time. 2. No contract was ever offered by VCS, land is subject to own byelaws and signage is prohibitive so there can be no monies due as a result of either a contractual charge or as a result of a breach of contract.   is that enough?
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Hermes... again


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I spite of reading round quite a lot, I haven't found a case quite like this:

 

About a month ago I sent my 3 year old satnav back to the distributor for repairs as it was crashing mid journey.  I used Hermes as I've never had a problem, until now.  

I paid for insurance to the full value of the device (£230)  which hasn't changed in 3 years - that model is still £299.99.  

On contacting the distributor as I hadn't heard anything, they said they hadn't received it, so then the fun started!  I contacted Hermes and they said they would investigate.  Then they said that they'd lost it and I should make a claim on the enclosed form which I duly did. 

Then they started to ask for receipts, proof of purchase etc.  However in the intervening 3 years, the original invoice has gone missing.  I have sent copies of the credit card payment (unacceptable) a photo of the original box (no comment made).  In spite of all this they are still insisting I produce it, even though all it proves is I bought a satnav 3 years ago.

 

I maintain that I purchased a service, that of delivering a package.  On top of that I purchased insurance against them not doing their job.  They failed to fulfil the contract, so what was actually in the package or who it belonged to is of no relevance and a claim should be made on their insurance.  

 

Anyone with any ideas how to break this deadlock?

 

 

 

 

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This really is no different to all the other stories that we get about Hermes trying to welch out on their consumer obligations.

Read all the stories – or at least a good number of them on this sub- forum. I understand all the principles and the arguments and the way that your claim will go. They are pretty well all the same.

At the same time, write a letter of complaint to Hermes and tell them that you are rejecting the decision and you are making a complaint and you want your money. Don't set a deadline but after about 10 days or so when either you haven't heard anything or they have knocked you back – whichever is the first, come back here.

Draft a letter of claim and post it up here and we will check it.

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Ok, that's my job for this evening.  What a waste of time. (Can one charge for time spent on this sort of thing?  I am self employed...)

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No I'm afraid that there is no compensation for that. On the other hand, just think – you are going to acquire some valuable transferable skills and after this you be able to sue anybody else who gets in your way.

Wonderful.

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Here's draft 1.  what have I missed?

Many thanks.

 

 

 

[sending date]

Dear Sirs

I am writing to request payment regarding claim xxxxxx and repayment of the full cost of invoice No. xxxxxx within 14 days.

 

On [date] I purchased a  service to deliver a package to [company] and also additional insurance cover against loss to the value of £230.  After I discovered it had not been delivered, I contacted Hermes, they investigated, declared it lost and sent me a form to claim on the insurance. 

 

Since then there has been an unreasonable insistence on their having sight of the original purchase invoice for the satnav in the package.  This is missing.

This is not reasonable because the satnav is 3 years old and out of warranty.  One would not expect to need a purchase invoice this length of time after the expiry of a warranty.  It was insured for £230 because that was the purchase (credit card payment details provided) and is also the current purchase price (details also provided).

 

My claim is for the insurance I paid for to be paid in full, and a full refund of the charges paid in consideration of obtaining a service that was not delivered.  I look forward to a satisfactory resolution without recourse further action.

 

 

 

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Far too much detail I think.

Also you seem to be justifying yourself all the time. You are adopting the position of the supplicant.

Just tell them the item XXX which was sent using them is apparently lost and they have refused you compensation.

Tell them this is not acceptable and this is a formal complaint.

 

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Latest reply from Hermes:
"Unfortunately, we are unable to progress without the requested information.
The documents requested need to be sent in a reply to this email. 
This will be our final correspondence until we receive the requested documents."
 
Draft 2:

On [date] I purchased a  service to deliver a package to [company] and also additional insurance cover against loss to the value of £230.  This service has not been carried out and the package apparently lost.

 

My claim on the insurance is being refused which is unacceptable and this is a formal complaint.  (technically not refused, just not actioned until the missing invoice is produced...  "constructively refused?")

I am writing to request payment of claim xxxxxx and repayment of the full cost of invoice No. xxxxxx within 14 days.

 

I look forward to a satisfactory resolution without recourse further action.

 

 
 

Does anyone know where to send paper correspondence to Hermes?  I've had no information from them of course.

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I had been thinking that letter of claim should be sent and then the particulars after the expiry of the deadline. However, I'm having a little pause and I suppose that it's not unreasonable that somehow you demonstrate that you did have this laptop.

Have you got any kind of documentation which would confirm that you had bought this laptop at some point or other – and preferably the value of it?

Who did you purchase it from?

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It was a Snooper satnav bought new from Performance Products Ltd in Oct 2019 via the telephone.  

 

Here is the sticking point - I have not got the invoice.   I can find the credit card statement with the payment, which I've sent them ("not acceptable").  I've photographed the original box (no comment on this).  I cannot get a copy of the receipt because the Snooper brand changed hands sometime during the last year and Inphase International the new owners records are incomplete.   

 

So I can prove value, when & where bought but not what....    Though the fact that PPLtd (now owned by Cobra) did and still do "in car gadgets" should give a pretty good indication of what it might be.

 

I do not see why I have to justify the value of the item when I've already spent extra money on full (replacement value) insurance cover for something I could reasonably expect would reach it's destination.

 

By the way, I have had an answer regarding a place to send complaint documentation:

Thanks for your email and I am happy to provide our head office address where we work but we don't have a specific complaints department. All complaints are routed to the department the complaint relates to.
 
 Hermes, Capitol House, 1 Capitol Close, Morley, Leeds. LS27 0WH
 
Kind regards,
Ian M
Hermes Claims Team,  Manager

 

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If you have the credit card statement with the payment and you have the box then I think that that is more than enough.

Have you offered that to them in writing?

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I've sent them on emails.  They say they don't accept statements.  Not sure why as it's pretty good proof.  I'll try again...

 

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Quote

Dear XXX

Letter of claim – reference number XXX

Thank you for your message of XXX date. I understand that you say that the proofs I have to offer which include the credit card statement that shows that I did purchase the satnav as well as a photograph of the empty box are not sufficiently your purposes and for that reason you will not compensate me.

I'm writing to let you know that if you do not reimburse me within 14 days then I shall begin a claim in the County Court and without any further notice to you. I shall be presenting the proofs which you have declined to accept to the court where I'm sure that they will be accepted.

Yours sincerely

 

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