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    • Hi,    Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.   Brief background:   I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.   On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.   On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.     As far as I can understand my next steps are:    -       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)? -       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?) -        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)     Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made.    Any help very much appreciated, huge thanks!   Letter of claim   Parcel ID – XXX Claim reference number XXX   Letter of claim   On 18/08/2021 I used your service to send a parcel under the above reference number. The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost. I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover. My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.  I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action. I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable. The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34. If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice. Yours faithfully,    XXX     Particulars of Claim     The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.
    • Send it to the data protection team and then copy it to everybody else as well
    • At the risk of repeating myself over and over again  During our very first phone call i was nothing but polite and apologetic You said that you felt the bonnet had more stone chip's than you were expecting and i apologised sincerely and i politely asked what would make you happy  I told you what our costs would be to paint a bonnet i told the truth the whole truth and nothing but the truth, i sent you a copy of our pricing structure from the paint company to prove my honesty and i sent you the £150 direct to your bank within minutes of our call ending.  Having then received no other response until your email arrived the following day i tried to call as i always find it easier to talk in person as emails can be misconstrued so easily but you wouldn't take my calls  I tried desperately not to be rude in any way with my email reply and read and reread my response several times  I genuinely felt that i had been respectful and we had previously sent customers into lincoln whilst we have carried out repairs to cars and they have always been overjoyed and complimentary of what a lovely place lincoln is to visit so that offer was meant with sincere intentions.    We offered in the very first email 1 A full refund  2 3/4 of the cost of a full repair  3 To completely repair at our cost  Including fuel money and a free lunch  You then emailed to say you had decided you wanted a larger contribution to the cost of painting the bonnet so in the interest of customer service i agreed to send you the extra £112.50 The very next day i received your next email and you had decided this wasnt good enough and you wanted the whole cost  Now after all these emails and all this stress you have decided after taking further advice that you will be happy with the £112.50.    So upon production of a vat invoice we will gladly send you the £112.50.    I have nothing further to add  Sincerely  Mark   
    • That's great work.  Well done on both the content and the level of snottiness.  That's exactly the sort of thing your wife should send, let them know she's sussed their sordid scheme and will be big trouble for them if they do court.  Fancy trying to charge her for overstaying for one minute!   Excellent "Dear Philip and Sian" research, I must confess I didn't know who ran PE, this will be something to suggest to Caggers in future PE cases!   If none of the other regulars object invest in a 2nd class stamp tomorrow and get a free Certificate of Posting from the post office. My Road My Town My County My Postcode Date Your Reference No. Dear Philip and Sian, Thanks for wasting your pennies and sending me a letter before claim. I understand you think I owe you something. I had a good laugh at the idea you actually really thought I'd take such tripe seriously and cough up! Now, you know that your claim has no basis and I know that you know that your claim has no basis Your can either drop this hopeless case or get a good spanking in court where I will go for an unreasonable costs order under CPR 27.14(2)(g) and I’ll be able spend some of your ill-gotten gains. Me
    • External Affairs Secretary Angus Robertson calls for urgent action from Westminster over temporary visas.View the full article
  • Our picks

Baby Boy Jasper v Goldfish


Baby boy Jasper
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When i spoke to someone at Goldfish regarding statements for the past 6 years, i was Quoted £5.00 per statement?! so if me maths is rate that comes to £360.

So if I send a cheque for £10 do i only get 2 statements.

Has anyone else had this problem?

Has anyone been sucesful in claiming back from Goldfish?

Ta very much, great site!

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Baby boy Jasper,

 

Don't let Goldfish bully you. Do not make telephone requests.

 

Start the ball rolling by sending the Subject Access Request letter and attach the correct fee of £10 required by law. That is what the law says. If they refuse to comply after 40 days, they would be breaking the law. Send your letter RECORDED delivery.

 

The person you spoke to on telephone maybe inexperienced in your request.

 

The following links may help:

 

Step-by-step instructions

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-step-step-instructions.html?highlight=library

Contact details of banks

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31052-contact-details-banks.html

Good luck

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I sent my SAR to Goldfish with £10.00 cheque which they tried to pay apply to my CC account, but cheque bounced! Thought I'd c****d up but was just about to send a postal order when low and behold statements arrived along with a letter basically saying that they knew why I was asking for the statements and offering the difference between my claim and the OFT's recommended £12.00. Have just replied rejecting with modified prelim let saying thanks but no thanks and adding compound contractual interest. Lets see what happens now. Good luck, just send SAR with £10 and take it from there.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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As bennyowen says RECORDED of course!

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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  • 1 month later...

I have received confirmation today from Goldfish regarding my request for statements (D.A.R.).

They say that the 40 days to carry out this request should be concluded by 14 April '07.

Oh & they have also taken the £10 payment (postal order).

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  • 1 month later...

It seems ages since I was on here last, anyway I have received copies of statements & an offer exactly 40 days to the day that I requested them.

It seems they have carried out all the work & come up with an offer.

The list of charges are on one page with two totals.

1 are the actual charges they say they have charged me since March '01.

The next total is their offer which is an insult. Basically it is £550 less than the charges they have taken off me.

The accompaning letter goes through all the jargon of "we feel the charges are fair & we have now set the target to £12 charge level as set by the OFT"

They want me to sign & accept this approval of the 'offer' in 'full & Final settlement of my complaint.

The account has been over it's limit for a while even though i have no card & the fact that they 'closed'? it over 2 years ago.

The refund would be placed into the account.

However, the account is not used now as they have issued a 'Default Notice fee' to it as well (& charged for it) Plus, I am having to pay the account back through a debt managment scheme.

 

Please could someone advise me please as what to do next!?:confused:

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Carry on with your claim, send a letter saying you are disappointed with their response and that you will accept this amount only as partial settlement and that you will proceed with your claim as stated. What happened to me is that they then came back to you offering the full amount less any interest that you may have added on. I had added compound contractual interest to my claim. At this point I accepted, but it is totally up to you if you want to proceed with the interest aspect. In my case it was all done and dusted quickly. It started exactly the same as yours, with my statement came their calculations of what they presumed I would be asking for.

Good luck - not that you will need it - they obviously know that they have to give it back sooner rather than later so dont tend to waste their time (or ours) by taking it to the wire like some other banks are!

Hope this helped - I know it is encouraging to hear of others succeeding.

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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hiya-i had a goldfish account which was closed a few years ago-what address did you send sar to jasper?

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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hi jasper-what phone number have you ben contacting tham on-i dont even have my account no so i need to contact them first to get it-thanks

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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  • 2 weeks later...

I sent Goldfish a request for statments and they took 38 days to send them. They had totalled all my charges for me and it came to £875. They said that as a goodwill jesture they will refund me £299. I sent them a Letter Before Action letter saying no, I wanted the full amount and they had 14 days. ON the 14th day,today,I got a letter saying they admit no wrong doings but as a goodwill jesture, they will refund me the £875.

I WIN, THEY LOSE!! This site has helped me alot.

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Hi Jasper

 

My LBA went to Goldfish on Friday (I had a similar response and offer to my SAR as you). I then received an offer to refund all the charges (but not interest) on Saturday as a response to my Prelim.

 

I am however going to push on with my claim for contractual interest (around £500).

 

Hopefully you'll have your 100% charge refund letter through shortly

 

G

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hi -i'm worried-sent goldfish my sar-letter on april 30th but not showing as received on tracking -since had a letter from capquest saying they now own debt-sar not up til june 9th-any advice please

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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Hi jubaxt,

I had the same happen to me regarding the tracking.

No one had actually signed for it at their end.

However I did eventually receive a letter from Goldfish stating that they had received the request & that it would be dealt with within 40 working days.

It's when you get a letter of offer from them that you have to laugh (or cry) when they insult you with the 'stupid' low refund.

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I got the letters etc off them. I got the letter saying they will refund the £875. Im still wating for a cheque off them. The account was closed but I owed £25. When I called them today, the account is now 0 and closed. But she says on her screen there is no copy of the letter of acceptance I returned to them nearly 2 weeks ago. I have said to her that my account has been paid off with part of my £875, so wheres the rest. She is going to make some phone calls for me.

On her screen, she said that a letter for the refund of £875 was sent out to me. They are waiting for a response!! I said I sent it over a week ago, recorded delivery. She couldnt explain how my account was now paid up when Ive made no payments!

I said I need an answer by tuesday! Keep you posted.....

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