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    • I agree, you were polite during your call about this after I had called and highlighted this issue to your wife immediately after the delivery man reversed it onto my drive, handed me the documentation and left. However, I fail to see how your other correspondence and comments on here are respectful.   You did tell me it would cost £150 for you and likely £200 for me here. I’m afraid the invoice you sent was contradictory.   I had explained that I was grocery shopping when you called. When I saw the missed call upon my return, I decided it was better not to call you back after I made the mistake of accepting £150 based upon your word of what it would cost. In hindsight, I should have checked out what it would cost first. I can initially be a little naïve when it comes to believing things I am told, as I tend to judge people based upon my own values. Rightly, or wrongly I decided it better to communicate via email from that point.   I did respond to the email instructing me the £150 had been transferred to which I stated thank you, but I have yet to get prices for it.   You did not offer me ¾ of the cost of the repair in the first email, you offered: 1; Refund us the £150 I sent you then bring the car back and have a day out in Lincoln, it’s a beautiful place to visit we have one of the biggest cathedrals in Europe (used in the hit film the da Vinci code) the castle is stunning and the cathedral quarter has some lovely places to shop and eat we also have a large Primark We will drop you to get the train into Lincoln central and whilst you shop and eat we will get the bonnet painted for you we will give you an additional £20 towards food and fuel on us and then collect you in the afternoon and you can drive you car home with the newly painted bonnet. 2; Accept a full refund for the car and we will collect it next week 3; Accept the fact that it is a 10 year old car with 117000 miles it does have stone chips, we didn’t deliberately mislead you, we did send you £150 towards the repairs and pay half your delivery so buy yourself a Genuine colour pen for the car (£15) touch the chips in with the right colour and spend the rest on a spa day   I’m unsure why you feel #3 in particular is relevant or respectful.   For you to do the repair would have been a considerable inconvenience for me in terms of time and money. The £20 offered for lunch and petrol would not compensate for this. I could ill afford the time and petrol money to bring the car back to you. Whilst I understand you and your wife do not have the time to do this as you have businesses and children etc, I also have similar commitments and there is only one of me.   As mentioned in my earlier comment on this feed, you only offered me the further contribution later after I had emailed you with my Consumer Rights and sent you photos. Before this you did not wish to negotiate any further.   I had not received any further advice before I decided to accept the further £112.50 contribution if it were still an option or stated that I am happy about it. As mentioned, this is only due to the time and stress of this.   Please may I request that you formally respond via the mediation service with this offer.
    • It looks as if you are doing ok.   It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.    
    • 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   
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thespaceshanty vs Barclays


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Just sent this as Dino is dealing with my case: due at a preliminary hearing 24th July

 

Dear Mr Papaevripides,

 

We are at a hearing with yourselves next Tuesday, 24th July 2007, at Gloucester County Court,

 

I very much look forward to seeing yourselves there, however if you should wish to settle in full I would accept.

The amount being £1640.00 + £547.54 (interest) + £220.00 (court fee's) Total £2434.49

I am contactable during the day on 07902 ***** or by email.

Yours Sincereley

 

Attached spreadsheet of charges

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Letter looks fine, however I strongly recommend that you go back to your last post and edit out your name...

 

You never know who's watching....:cool:

 

;)

Barclays (2 accounts) WON

Lloyds TSB (Daughter's) WON

 

Cohen's: WON (discontinued)

DLC: Given up, gone away.

Eversheds: Trying!

Equidebt: In default

Intrum J: Return to OC

iQor: Stopped paying.

Link: In default.

ScotCall: Return to OC

Thames: Stopped paying.

 

 

I am NOT a legal or financial expert. There are many CAG members and staff who are better qualified. Please do not make major decisions based on my advice alone.

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Okay so I finally got an email from Paul asking why I had not responded to his settlement letter - one i never got... guess why... becuase he sent the email in error!! What is with these guys, are they unable to do thier jobs now? Off to court tomorrow!

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Good Luck tomorrow ss :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

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I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Hey guys, an update following on from my pre-lim hearing yesterday, basically Barclays sent a pathetic man along as counsel and he was eaten alive by the judge and me! Great experiance, the judge was totally on my side and a full trial has been set for October - the judge mentioned a test trial so we shall see, his words where 'If you turn up!'.

 

Barclays insistsed on having more time to go over the schedual of charges, then in the next sentance told the judge they had never recived such a document! So I have to send it to them again! So will now finish off my court bundle which I actually took yesterday and surprised the counsel guy.... hopefully I can put an end to this pretty soon!!

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Excellent.

Good work, looks like you're going to kick ass, AND they know it..

 

Bet you get a settlement letter within a week or so.

 

you could email them at the Lit Team saying "as your representative failed so miserably, to save you from further embarrassment, I am prepared to settle out of court."

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Thanks dar£n! It really did feel good coming out of the court knowing that a. the judge was on my side and has seen loads of these cases never go to trial wasting everybodies time and b. the counsel representative had nothing to say, he even took me to one side outside the court room which was frowned upon by the staff there...

 

In my letter to Barclays lit team when sending my schedule of charges I have mentioned the trial which they are I'm sure more than aware of and whether they would like to think about a settlement.

 

To top it off they queried my charges and the interest applied - it's in black and white on my statements they sent me! Every charge every applied, how ignorant are these people!? vbmenu_register("postmenu_1015537", true);

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Well done Space.

 

Shame the dates so far off when you're clearly in a good Ass- Kicking mood right now.

 

Good luck with the Lit Team, Slick

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Talk about dragging their heals......well done for your prep work space. Barclays just seem to want to drag this out as long as possible....(B)ankers!!

Looks like that'll be me next week too.

Bigem

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Space - you are an inspiration! I've just this minute got off the phone from the Lit team who said they're sending a rep to my allocation hearing next week rather than choosing to settle out of court now - so I've copied your email saying you'd still rather settle out of court and have decided to get my bundle together to take to court with me same as you did as surprise ammunition. Was feeling rather scared but your account of the Barclays rep and the judge's beahviour has made me feel far more confident so thanks for that! Wishing you all the best in your continued fight.

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Well done SS ....... :)

Any typos spelling mistakes are due to leprechauns in my keyboard they move the letters around sometimes (amended just for Bookie)

 

"How do I...?" A Dummies' Guide to this Forum

FAQ

Forum rules

Cag toolbar

 

 

Please Donate if you can - help CAG help others

 

I offer help and advice in good faith, based on my knowledge and experience. I am NOT a legal or financial expert. There are many CAG members and site team who are better qualified. Please do not make major decisions based on my advice alone.I do not give advice via P.M's. If anyone can correct my mistakes or improve on my advice, please do.

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Barclays insistsed on having more time to go over the schedual of charges, then in the next sentance told the judge they had never recived such a document! So I have to send it to them again

 

If only you had requested the judge to strike out the defence there and then... a contradiction in terms

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Hey guys thanks for the support! Firefly100 good luck to you - just be as prepared for anything, the budle is not needed and the judge hardly directs anything at you more at the counsel rep but the very fact you are sitting there with a full prepared bundle with as much (amunition) evidence as you can club together then anything they contridict can be blown out of the water.

 

I have put togther a letter when I am sending the Lit team today which is my full schedule of charges plus proof I have already send these numerous times in the past and a message regarding settlement - my court case will be early October which I know is way off, however I am holiday at the beginning so if Barclays want to settle I wont be around...putting them in an awkward situation, so settle now of face the judge!!! :)

 

I know Trucker, I had so much to think about and going on at the time I didn't ven think about it! Wish I had though :( still the sooner I can end this the better I really can no be bthered with waiting until October that will be 10 onths since I started this journey... although it will be loads more interest.... ;)

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Hello guys. Sposed to be in court today but am in Gloucester and court closed due to the flooding, and no water and no electric. (pitifull excuse) SO who only knows when we'll be re scheduled for. So there we are, I will fight another day. Hi Ho, well if we don't all die of dehydration anyway!!

Bigem27

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So I went to court today - account in my thread - http://www.consumeractiongroup.co.uk/forum/barclays-bank/86937-firefly100-barclays.html

 

they basically need more time to deal with my case due to a large back log so I've another allocation hearing set for 30th August... but interestingly, although Barclays said they had received my schedule of charges there were numerous cases this morning where Barclays said they hadn't received adequate particulars of claim e.g. schedule of charges, bank account numbers etc - the claimants in all the cases I witnessed all said that these had been supplied numerous times - same as you space so maybe this is a tactic of Barclays to buy more time...

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Hey guys another update..

 

I now have my final court date hearing set for 11 September 2007 however it has an important notice...

 

"In order to provide your case with the earliest possible hearing date, it has been listed in second place to another case f similar length, since enperiance shows that many cases settle and the judges time is often wasted.

 

If the case before yours has not settled the day before the scheduled hearing, you will be notified by 3pm and your case will be re-listed on another day as a fixed appointment."

 

So we shall see what happens, I am in the process of calling Barclays to settle this now as ther is no way I am allowing them all this time to sit back and wait!

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  • 1 month later...

Hi guys here is an update on my court hearing which is scheduled for Sep 11 - Barclays have advised me they will be asking for a 'stay' I called the court and the judge has not honoured this as yet - he will be making the decision in court... I have requested judgement but I believe in this kind of case you can not. I am looking for some advise... I need to stand my ground in court and defend any 'stay' to ensure it's not granted I don't want to go down the route of human rights etc, but obviouly I want a fair trial considering this has been going on since Dec 06! Please let me know your thoughts!! Thanks!!

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TSS,

 

You have to be prepared for a Stay so take 3 copies of this to Court with you - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

I take it you've sent in your Court Bundle and Barclays will NOT have done so your best shot is to ask for B's defence to be Struck Out for non-compliance (assuming Bundles were ordered by Court) and an Abuse of the Court Process.

 

Let's hope you get the same judge as before.

 

And read these short threads for info and inspiration.

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/110829-court-case-next-week.html

Good Luck, Slick

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We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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