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EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**


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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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