EVRi via Parcel2Go - lost £570 PS5 - court claim issued **Settled At Mediation**

[BankFodder]

You have an excellent chance of winning the case. The first thing you should do is reimburse the purchaser. We advise people here upon their rights and how to enforce them and you clearly have a contractual duty to reimburse the purchaser. You should do this immediately with an apology for any delay.

The item probably has been stolen. You won't be able to do anything until you have been knocked back by Hermes or P2G but until then, start doing the reading of the Hermes stories on the sub- forum and you will understand how your complaint will probably go.

You will have to issue a claim in the County Court. It will probably go to mediation and as long as you stand your ground, it is highly likely that they will put their hands up and pay you out.
However there is a risk that it may go all the way to a hearing that our experience is that where mediation fails and then Hermes says that they are going to go to a hearing, the people we are advising mysteriously disappear and my sense is that Hermes then are trying to settle the claim in confidence.

Hermes certainly don't want to go to court and have the insurance issue tested because if a court upholds our view that the insurance is unfair then the game is up for Hermes and the whole courier industry.
It would have catastrophic consequences for them as they would then have to review their entire charging process as well as going back over all the claims that they refuse to pay out over at least the previous six years and start paying them out.

They don't want this and so it would be extraordinarily courageous or may be reckless of them to really take any of these cases into court simply to try and withhold 500 quid from you.

So do the reading and wait until you hear from them. If you have no within about 10 days or so then let us know and we'll take you through the next step. However as you would have done the reading, you will understand what those steps are

[BankFodder]

Give it about 10 days and in the meantime do the reading. This site is about self empowerment. You make sure that you know what you are doing and we will support you and make sure that you do things correctly

[BankFodder]

I think it's about time you started doing all the reading. Everything that has happened was completely predictable and it's a shame that you're not ready to go now.

Do the reading, understand the arguments, understand the way forward and the next step and then come back here and we will get going

[BankFodder]

Well it's up to you. It's your money to win or to lose – but when we start getting stuck in and helping you, we get invested in our time and effort. We normally expect a return in the form of reciprocal time and effort.

We have our busy lives as well

[BankFodder]

Sorry you will have to wait for a fuller reply this afternoon.

However, do I understand that you sent a second identical unit also using Hermes and that also has gone?

[BankFodder]

I'm sorry, I'm not responding very well at the moment. I have a load of complicated issues outside of the forum which are demanding my attention.

 

I think that my site team colleague @dx100uk is keeping an eye on this discussion

[BankFodder]

You only send the letter of claim to the company that you are intending to sue.

 

It may be that a refund has been repaid directly into your you're pretty card or debit card in which case it would have been paid unconditionally.

 

However if there is anything which indicates that he is being paid in full and final settlement then you should reject it or make it clear that you will not accept it on that basis

[BankFodder]

Yes it's best to sue Hermes.

No don't reject the settlement – until you know what the settlement is and the basis on which it is being offered. If they are simply going to pay it unilaterally then that's fine.
If it appears to be attached to any conditions then let us know.

No point in handing money back. The less you are claiming, then the easier it is.

If the money is paid to you unilaterally then you write the letter acknowledging receipt of it and make it clear to them that at no point have you ever agreed that this would be full and final settlement and that you are proceeding to enforce your contractual rights by suing Hermes for the balance

[BankFodder]

 

 

Quote

Dear Arshad

We both know that I enjoy full contractual rights under the Contracts (Rights of Third Parties) Act 1999.

You've had the letter of claim and I'm coming after you on that basis.

Tick-tock tick-tock…

Yours sincerely

 

[BankFodder]

Yes, don't have any more communication with them.

You will have to remind me – you have sent your letter of claim? When does the 14 days expire?

Have you prepared your money claim? Is everything ready to go?

[BankFodder]

Post the details of your claim here for us to check

[BankFodder]

Looks okay. Thanks.

Please post multipage PDFs in a single file in future please. Thanks

[BankFodder]

I don't think we have seen their defence. Please will you post up the defence in PDF format

[BankFodder]

Thanks for the defence. As my site team colleague has pointed out, there is nothing new here although what is strange is that they don't refer to the lack of insurance.

So the whole issue is on the basis that you should have sued parcel2go.  I hope you have read and understood the effect of the Contracts (Rights of Third Parties) Act because that is a complete answer to their defence.

On the basis of this defence, and because this is the only point they are making, as soon as that point falls away, then they have no other answer to your claim and there is no reason for you to give ground on anything.

If they do happen to start bleating on about insurance in the mediation then you should immediately respond that they haven't raised this in their defence and so it's up to them to file an amended defence if they want to and that they will have to do this by making an application to the court on form N244 accompanied by the appropriate fee which is about £250. You can point out the mediator that they will not be to recover this regardless of the outcome because it is their fault that they have not included this in their initial defence.

Point out anyway that the insurance requirement is unfair under the consumer rights act and therefore unenforceable.

No reason to give ground on anything here.

I hope you don't mind me expressing a general view here.

I hope you realise by now that we provide unstinting help but it is actually a two-way process. You have benefited a lot from the experiences of other people who come to this forum and keep us up to date with what is happening.
You don't seem to have done this and in fact we had to ask you for this defence to understand if there was any difference in approach.

That's not really the deal here.

[BankFodder]

If you have any questions in advance then please let us know.

Also, why are you not seeing the emails are right for you? This is very serious for this kind of thing

 

By the way, did you get their insurance? You may have told us before but maybe you could let us know again

[BankFodder]

Well their defence was simply that you should be suing somebody else.

However, you are going to counter that saying that you are entitled to sue Hermes directly because of the Contracts (Rights of Third Parties) Act.

After that, they may decide to reject your claim because you didn't take out their insurance.
If they resort to that, then the first thing you should say is that they haven't mentioned this before and that it's not in their defence and if they want to amend their defence then they should do it using the proper channels.
However, say that if this is going to be their argument then they should change their defence and go to court and you will invite the judge to consider the unfairness of them requiring their own customers to protect themselves against the breach of contract or negligence of Hermes or the criminality of their employees.

They might possibly try to say that your item is on the prohibited items list. If they say that then once again point out that it's not in their defence and they are simply trying to muck around and change things without giving any notice.
However, tell them that their prohibited items list is completely irrelevant where items are lost because whether you are sending an electronic gadget or a piece of lead, it had no bearing on the risk of the item being lost.

At the end of the day, stand your ground. There is no reason for you to give away even a single penny to these people. The money to them is completely insignificant and in fact they will have paid much more than the value of your lost item simply to try and crush you.

Stand your ground. Tell them that you won't be bullied and you won't be frightened into giving up your rights and that you are happy going to court.

If you do go to court then don't forget, we will help you all the way

[BankFodder]

Okay, – don't forget that their defence is a very limited defence – and objects only to the fact that you have sued them rather than the parcel broker.

It is extremely important that if they give up on that point and start bringing up other points, that you are resolute and that you point out the mediator that this is completely new and that they are moving the goalposts and this is not what has been agreed as part of the mediation.

Make it clear that point that there is absolutely no way that you will back down on anything and that if this is the way they want to go then they will have to seek permission to amend their defence and to pay the appropriate fee and you will see them in court.

Be absolutely clear in your mind that you will not give up a single penny.

[BankFodder]

You can also tell Hermes to the mediator that if they insist on going to court – you are quite happy about it.

You will seek the judge's opinion on the contracts (rights of third parties) act, and the unfairness of their insurance requirement – and that when you get the judgement in your favour, you will be publishing the transcript to all your friends and also to Facebook and throughout the Internet.

Make sure that Hermes realise that if they try to defend on these points, this will be the last time that they have a do it.

[BankFodder]

Firstly, there is no reason to be nervous. This is only a mediation. It's all done on the telephone and you only speak to the mediator.
If you don't know this already then it's because you haven't read the stories on this sub- forum including the excellent mediation summaries that have been put up by some people.

Don't worry too much about evidence of the value of the item. They throw this in routinely – but of course have an invoice prepared if you need it.

In terms of interest, don't give up a single penny. There is no reason for you to back down. If you go to court you will still win but it will simply take a little bit longer.

[BankFodder]

Why should you listen to what EVRi have got to say ?

Have they treated you well ?

Have they been straight with you?

Have they been honest with you?

Are you the customer?

There are unresolved pending cases partly because they are pending but also because unfortunately many people come here, use our forum, take our help and then never come back and tell us what happened or even say thank you.

[BankFodder]

It is normally 8% per annum – simple.

You don't need to work it out. Simply express a general statement that you are claiming interest pursuant to section 69 of the County Court act 1984.
I don't think you need to do the calculation

Edited March 16, 2022 by BankFodder
Whoops!

[BankFodder]

Well done .

Yes, they are. Crooks .

Thanks in advance for the donation and the idea of a guide is great .

I hope you manage to find the time to do it.

 

 

 

 

Also, you could take some time to visit the Hermes Facebook groups and tell them about your experience and the help  that you received here

[BankFodder]

I'm quite sure that the mediator is not telling the truth. We are not aware of any cases that Hermes has taken to court and won.

You did very well.

It seems that not only must people stand up the Hermes but they also have to stand up to the mediator.

Shameful.

Thank you very much indeed for this summary. It will be very useful to others who have similar problems.