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    • the last contact i had with the IVA management company was in December 2016. The last time i used/paid the credit directly would have been 2012/13. If there was a default notice.. and i cant remember if there was, i guess there must have been.. it would have been around that time 2012/13. is there any way i can find out for sure? incidentally just recieved a second letter from Lowell regarding the Creation Finance debt offering a 50% discount off the bat. I have attached  a copy of the reply form from Overdales as i am unsure of how to proceed with this and reluctant to sign anything. any help/advice would be fantastic. I have also attached a scan of my adverse events page from my credit report.. do you know why none of the above appears on my credit report?   Thank you so much for your help.. 001.pdf 002.pdf
    • We only suggest writing if and when you get a Letter Before Claim/Action that's headed as such.   Before that you're likely to get letters from debt collectors and possibly lawyers, but LBC is the thing to watch for. If you're not sure, come back here and we'll confirm whether you need to do something or not.   It might be a good idea to read some other parking threads for a refresher on how it all works.   HB
    • The client wants workers under 48 hours.   The client pays the wages.   End of story.
    • Thank you all for your comments....   What do I do now? do I just ignore them? or is there a letter I can send?
    • Guys/gals,   There's been a misunderstanding and for that I apologise. I didn't answer the initial questions because my appeal was just a couple of days away and didn't want to get bogged down with extraneous things that were not factors. I also - perhaps erroneously - got the impression that the questions were stabs in the dark hence my "if you don't know just say" response. Plus I thought my OP answered the questions however upon re-reading it I can see it may not to non-employees. Finally,  didn't want to make myself identifiable if my employer is reading (hence my redacted OP). I wasn't intending to seem difficult.   Short version: My employee has limitless OT to spare - it just wants to restrict people to WTR limits because that's what the client wants. They're happy for me to work OT once I'm under the 17 week WTR average. My appeal has been delayed from to this week so any help is appreciated.  I am one of the protected characteristics as stated in post #14.   Longer version (including answers to questions/points raised)   Why do you think other employees are able to work paid overtime hours without prior approval from the employers? Because they're not at risk of >48 hours. I am and that's why I've been told that I must have my OT pre-authorised so that I don't >48 hours. They were happy for me to work 60+ hours a week until I did so for 3 months in a row and hit the WTR limit. That's when it came to light that the client we work for states that employees must stick to WTR and my employer appears to not want to upset the client.    Ironically, when I checked their relevant HR page everything was factual in relation to WTR, it just assumed everyone would stay in WTR and didn't mention the right to opt-out. Also, when my employer took up the fight for me with the client and explained that I'd opted out, the client reportedly said they were unaware that employees can opt out.     Have you picked arguments with the company managers previously about any issues?  Are you in a more senior position and thus more expensive?  No to both. It's simply because they don't want me to exceed WTR limitations on working hours. We work on a contract for another company who stipulate their own employees must abide by WTR and therefore we must too. My employer was initially happy for me to log as many hours as I want and only changed their mind when the client pushed back.   They're happy for me to work OT just as long as I stay under the WTR limit of no more than an average of 48 hours across 17 weeks.     The company may be doing it for your welfare - do they think you are stressed, taking too much on? They may not think your output justifies doing so many hours so can refuse. They may want to free up some OT hours so others can do a few. None of these reasons apply and there is limitless OT on offer so it's not a case of wanting to share it around. About 10% of employees do OT and the company would be delighted if it was 100%. They just don't want any one person working >48 hours. Anyone can work any hours they wish outside of their normal schedule as long as they don't breach WTR. So last week we had the situation of my employer desperately begging people to work OT as they had a massive shortfall on hours and were not going to meet their commitments to the client and everyone was eligible except me. As much as they wanted to include me, as much as they would have gleefully accepted my 20 hours of OT, they felt that they couldn't and it was lose-lose for both of us.     In summary I felt it was discriminatory because:   1) The site is open 120+ hours a week and has an open-door policy on OT - the more the better and the company constantly begs for it and falls short of client requirements for number of logged hours.   2) They're initially happy for agents to work as much OT as they want and for months on end. Until you hit the WTR limit - even if opted-out   3) They insist on forcing employees to stay within WTR limitations despite employees opting out and OT being available - in which case employees are being denied not for valid issues (eg: welfare, performance issues, limited OT hours available) but because they just don't want that particular employee working the OT that a) is available and b) ends up being unfulfilled   4) So to me, it's discrimination to admit they need the hours working, they'd be happy for me (an opted-out employee) to work them if I hadn't hit the 17 week WTR average, and are only enforcing WTR because the client wants it 5) As it stands, they'd accept requests from every employee except me to work 4pm to 11pm on Friday. Likewise, they're canvassing every employee (except me).   6) They say my opting-out of WTR doesn't give me a legal right to work >48 hours but that is exactly what it does. If you have not opted out then it is illegal for you to work >48 hours therefore opting-out absolutely gives the legal right to work >48 hours. That doesn't mean a company is obliged to offer OT when it normally wouldn't or to extend it's opening hours to accommodate an employees demands for OT but it does, by default, give the legal right to work >48 hours if they OT is available. And the OT is available at my work.   7) As far as I know I am the only person of my protected characteristic and I am also the only one prevented from working >48 hours. Maybe there's a link, maybe there isn't.    
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EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**


Whitey_AFC
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When is the expiry date of the original letter of claim?

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I posted my letter of claim signed for on the 10th January.

Letter of claim was signed for by Hermes on the 12th January.

So my expiry date would be 26th January and I will proceed with my MCOL first thing Thursday 27th January. 

 

The damages letter was sent first class signed for yesterday but upon checking tracking this morning doesn't appear to have updated as of yet. 

 

Update on letter of damages / wrongful interference letter: 

 

Appears to have been delivered / Signed for this morning.

 

Delivered

Your item was delivered on 19-01-2022.
Not the signature you expected? Find out why.
Tracking number:XXXXXXXXXXXXXXXXXXXXXXX Service used:Royal Mail Signed For™

Proof of delivery

Rotate imagePrint proof of delivery

 

Signed for by: HERMES
Delivered at: 10:34, Wednesday 19 January 2022

 

This is good because they already have the 14 days from letter of claim (Procced with MCOL 27th Jan 22) 

 

But the fact this has been delivered today gives them 7 days with the damages/wrongful interference letter also. 

 

However I highly doubt I'll get a reply to either! I have too added all of this to my Hermes support ticket which is currently 'Unresolved' and has been since mid December! 

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Have you registered onto the money claim website? Have you started drafting your claim? You should get cracking on this. You can save your work as you go.

Post up your draft particulars of claim here before you click them off

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I have already done all that ready submit :)

 

I believe I added it already on this post .... Let me find it. 

Claim Particulars :

Quote

 

The claimant used the defendant's courier service to deliver an Aquarium LED Unit, value £200.00 to a UK Address. Reference number XXXXXXXXXXXXX, Claim number XXXXXXXXXXX.

 

The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value
of the item due to stating 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.' The defendant also referred to the item being damaged.

 

Additional insurance cover was taken out on the item which was paid in full to the value of £5.70.

 

The claimant seeks
£200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.

 

.............

Does that appear be ok to send off 27th Jan ? 

 

Does this appear look ok to send off first thing Thursday morning ? 

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  • dx100uk changed the title to Hermes 'Lost' Item refusing payout / Parcel was fully insured - court claim issued

Haven't you had any information about the apparent damage to your parcel?

What is the latest that they have said about this?

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1 hour ago, BankFodder said:

Haven't you had any information about the apparent damage to your parcel?

What is the latest that they have said about this?

 

No further ... I've been updating the Hermes support ticket since they rejected to pay me out on the 23rd December. 

 

I've put everything in there! Copy of both letters (Letter of claim \ Letter of Damages)  \ Royal Mail tracking numbers \ Screenshots of the tracking to show it's been signed for at Hermes Head Office .... 

 

Had NOTHING back in terms of communication. 

 

So I have done my money claim ready to submit this Thursday 27th January as this will be the 15th day since the Letter Of Claim was signed for. 

 

Claim Particulars - Are above if you wanted check that over ? 

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Ok. Please wait until either later on today or tomorrow and I'm going to suggest some amendments and an increased claim

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As they have simply said that they have damaged the item but haven't said that they have lost it, and you have asked repeatedly for updates about it and they have failed to reply, it might be reasonable to say that they have damaged the item and have refused to return it to you.

If you think that is a reasonable position then you could demand reimbursement and also claim an additional, say, £100 for interference with your ownership of the goods.

In your reading of the stories on the sub- forum, have you come across references to the Torts (Wrongful Interference with Goods) Act 1977?

Although this would add an extra little complication to your claim, it might be interesting thing to do and it would help to put extra pressure on Hermes and possibly deliver a slap to them which is what they need.

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So how would I go about that ? I mean do I just add £100 under the claim amount, along with the daily interest of £1.44 so it would be claim amount of £101.44 ? 

 

Would I need to explain it in my Claim Particulars?

 

 

 

Also if I was to claim say a further £100 ... That would take the total over £300 ... Meaning the MoneyClaim payment would be £50 instead of £35 if I'm looking at it correctly. 

Edited by Whitey_AFC
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I've reworded my Claim Particulars as I don't see the need to state the tracking number\claim number or the quote they gave me as to why they are refusing to pay out ... All of this will be brought forward if needed at a later date. 

 

The claimant used the defendant's courier
service to deliver an Aquarium LED Unit,
value £200.00 to a UK Address.

 

The defendant 
has breached the contract by losing the item 
and then failing to reimburse the claimant to 
the full value of the insured item.

 

The defendant then referred to the item being 
damaged and so I will be claiming an 
additional £50 under Torts (Wrongful 
Interference with Goods) Act 1977.

 

Additional insurance cover was taken out on the item 
which was paid in full to the value of 
£5.70.

 

The claimant seeks £200.00 in full, 
plus interest pursuant to Section 69 off the 
County Courts Act 1984.

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The particulars of claim would have to be changed in order to allege an interference with your goods.
Yes, the addition of extra value would of course incur extra charges which in turn would increase the risk if you happen to lose the case.

If you wanted to go this route then I'm afraid that it would cause a delay because you would have to do send an amendment to your letter of claim explaining what you are proposing to do.

So it's a matter for you. Claiming for their breach and in addition there interference with your ownership of goods would be more complicated – but not very much – carry a slightly greater risk but on the other hand could produce a slightly larger figure in compensation.

And by the way you should certainly include their reference number on your particulars of claim.

I'm afraid that your particular claim above would certainly have to be reworded

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To be honest, getting back what I am owed and paid insurance for would be something! 

 

I understand what you are saying but with the claim date being tomorrow and having nothing back as of yet. I think I may amend my Claim Particulars back to the original (see below) and proceed with ticking the money claim off first thing in the morning.

 

The claimant used the defendant's courier service to deliver an Aquarium LED Unit, value £200.00 to a UK Address. Reference number XXXXXXXXXXXXX, Claim number XXXXXXXXXXX.

 

The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value
of the item due to stating 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.' The defendant also referred to the item being damaged.

 

Additional insurance cover was taken out on the item which was paid in full to the value of £5.70.

 

The claimant seeks
£200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.

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Fair enough. I've edited out some unnecessary words.

Also you should be claiming the delivery fee and also the insurance fee that you paid.

Add those and let's have a look

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Hermes went about refunding those when rejecting my claim. They didn't ask me, they just advised it would be refunded when the claim was rejected and it did show in my bank not long after. 

 

Staff Account Farhan Hussain via E-mail23/12/2021 08.44 AM
Hi DANIEL,
 
Thank you for submitting the required information for your claim. I’m sorry for any inconvenience caused by this situation so I would also like to thank you for your patience while we reviewed your claim.

I understand how frustrating it can be for both you and your recipient when a parcel isn’t delivered as expected. When issues arise, we will always seek to remedy the situation and we are happy to pay up to the level of cover selected by our customers, for included items.

Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for. You can see our full list of non-compensated and prohibited items 
here.

As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry.

Items made of or containing 
lighting are on the non-compensated list because they are more fragile than others and therefore are more susceptible to damage. Our Carry Guide states that lighting items can be sent through the Hermes network however, in the event of the parcel sustaining damage or getting lost, compensation will not be awarded.

However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £
11.00 back to your original payment method. Please allow up to 5 working days for this to be received.

If you have any queries regarding another parcel in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.
 
Kind regards,

 
Customer Service Advisor
Hermes Send Claims Department
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Okay in that case send your proposed particulars of claim but I suggest that you omit the words which I've crossed out.

Keep it scant

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The claimant used the defendant's courier
service to deliver an Aquarium LED Unit,
value £200.00 to a UK Address.
 
Reference number XXXX, Claim
number XXXX.
 
The defendant has breached the contract by
losing the item and then despite having purchased the defendant's insurance cover, failing to reimburse
the claimant.
 
Additional insurance cover was taken out on
the item which was paid in full to the value
of £5.70.

 
The claimant seeks £200.00 in full, plus
interest pursuant to Section 69 off the
County Courts Act 1984.

Edited by BankFodder
Edits in red
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edit in red

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No. Don't bother

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MCOL was submitted Thursday morning early hours.

 

I've now received a 'Notice of Issue' advising that the court have issued the claim which was sent first class post on 28th January and will be deemed to be served on the 2nd February. 

 

The defendant has until the 16th February 2022 to reply. 

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  • 2 weeks later...

Update on proceedings with my case. 

 

Whilst I was away last week. I've received a letter advising that an acknowledgement of service to my claim has been filed today. The defendant now has a total of 28 days from the date of service of the claim to file a response. 

 

On the page attached 'Acknowledgement of service' 

 

It states ' I intend to defend all of this claim ' 

 

Signed Emily \ Trainee Solicitor 02\02\2022

 

 

I presume I don't need to do anything else at this point ? Just wait on Emily's poor excuses for defence 

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Yes, exactly that.

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  • 3 weeks later...

So I logged in today to Money Claim see if any updates since 11th Feb.

 

I am now presented with the following:

 

Claim Overview

 

Please read this page carefully. From here you can decide what action you wish to take next.


Claim History

Hermes Group filed an acknowledgment of service on 02/02/2022 at 12:05:38

A bar was put in place for Hermes Group on 02/03/2022

Hermes Group filed a defence on 02/03/2022 at 16:05:15

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  • dx100uk changed the title to EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**

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