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    • That’s brilliant thanks for all the info, enjoy your evening.   Yeah, that makes a lot of sense about the F&F, definitely something worth considering to lower the amount of communications to deal with.   It’s good to know that newer debts can also be missing the documents needed, sounds more hopeful.   Thank you    
    • You are receiving what you bargained for / accepted, for both contracts (site access & tent). Did you book the tent for 4 nights, knowing you could only use 3. if the tent had been available for 3 nights only: you could have contracted for that. if it wasn’t, and your choice was “pay for 4 nights, get 3 nights use” or “don’t book” - you made your choice, and agreed a contract.   They are now offering others more, but provided you are receiving what you contracted for and no less, you don’t have a cause of action.   If you might get the extra tent night free, but only if you pay the access fee : you are still no worse off!   if you want to get “more value” from the tent contract : consider paying the site’s early access fee. If you choose not to you’ll still get what you originally contracted for so aren’t actually worse off, even if you feel slighted.
    • Hi,    I'm not sure if this is the correct forum for the following, and am looking for a general consensus or thoughts on whether i have cause to take action or not?  It's long winded but I've tried to be as concise as possible with the facts of the matter.    We booked a festival ticket for an event running from Friday to Monday, in addition we booked via a separate 3rd party company a luxury tent in that companies camp site within the festival. This was at a considerable cost.    Sometime after the purchase of the festival ticket, the organisers announced acts for the Thursday night and an early entry ticket for that night at a reduced cost.     We are not in a position to purchase an early access ticket, as we're unable to change our plans.  On the festival forum those who had purchased an early access ticket for Thursday entry questioned whether they would be able to have an extra night in the luxury tents, otherwise what would they do? The festival organisers said they would be able to. However when we queried the 3rd party they explicitly stated their site was not available on Thursday and would only be open Friday to Monday.  A number of other people reported the same response.   It was on that understanding that we did not actively try to make arrangements that would have allowed us to purchase an early access ticket.    Then all of a sudden the 3rd party changed its position and an email was received to say anyone booked into the 3rd party site would have a free night on Thursday if they had paid the festival organisers the small amount for the early access ticket.    It doesn't seem at all fair some can benefit from this, and some cannot, and I've no problem with anyone who does benefit.    I've messaged the 3rd party and they maintain the terms and conditions haven't changed, they've just added an extra free night that anyone with an early access ticket can take advantage of. This was not the case at the point of sale, because if it was we would have made arrangements to take advantage, instead we were only made aware after they changed their minds to permit this, and we're now not in a position to benefit.    I believe the terms and conditions have changed, and as a consequence I'm paying for a 4 night luxury Tent, and only receiving 3 nights.     I believe it is reasonable to receive either a refund for one night based on the cost now covering 4 nights, or a free night, and a refund of the cost of one night based on the original total of the 3 night contract.    Am i right or being stupid?   Thank you. 
    • Scotland - I know there are some differences when compared with England around statute barred, there may be others I'm not aware of so hopefully someone else is keeping and eye and will correct anything that is said.   I've plans this evening with the fam, so this may be rushed and I might miss something. Given you have so many accounts in different stages, it will be difficult to dig into each individually but the same will apply for all and we will get there   Priority debts are essentially anything that keeps a roof over your head. Anything consumer credit (CC, loan, store cards etc) are NOT priority debts.   Yes, that's what I meant, but really I just mean you will have choices with some saved in the bank. It makes sense on smaller accounts that you offer F&F to clear them IF they aren't already defaulted as it will just lower the amount of communications you will start getting - BUT defaulted debts will show on your credit record and affect you whether you pay them off or not, 6 years from the default, then they will disappear (could be 5 in Scotland, not sure)   You're quite correct that the older the debt, the more likely the paperwork is missing, but some of mine were very new (2020/21 also) and they couldn't provide the documentation..   Lets start here:   -  lower the pro rata on all to £1 (don't provide any income & expenditure info) -  CCA Request to each company that has bought the debt from OC (the last letter from OC will state they've been sold to xxxx) -  get access to credit file -  Forget your morals, they have none   For those debts already showing in default on your credit file and have been sold, you can stop paying entirely until you receive a complete CCA from them   I'll be back later   BT
    • Just a question out of curiosity. What will happen when the 6 years pass since all this began. By this I mean my moving out of the property and all that has followed? From what I can remember I definitely moved out either May or Jun 2016, as my dob is May and I moved out soon after celebrating it. So what will happen when 6 years pass, could someone please explain? Thank you 😊   
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Hermes 'Lost' Item refusing payout / Parcel was fully insured - court claim issued


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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