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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
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Application for costs


GaryH
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Great letter tempate link at the start of this thread..... but how can anyone include a list of ALL successfull claims of their bank in the form of a full list....?

 

Is there a current list for each bank that people can copy from? Surely people arent going into each and every thread to get the case numbers then copying them individually....!

26/02/07 - Statement Request

06/03/07 - Prelim Sent (requesting £500)

20/03/07 - LBA Sent

04/04/07 - Started Court Claim (requesting £678:54 including 8% & Costs)

05/04/07 - Received Part Offer (£348 )

06/04/07 - Rejected Offer !

10/04/07 - Papers deemed served on Halifax. Have until 24/04/07 to admit ir defend.

11/04/07 - Halifax filed acknowledgement of service , intending to defend ALL of claim.

26/04/07- SETTLED IN FULL - INCLUDING COURT COSTS & INTEREST.

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HI EVERYBODY,i am new to this site,it is my first post.i need help i want to claim excessive bank charges from the tsb.i sent a letter 40 days ago for charges going back 6 years.i sent cheque for £10,still no reply they received my letter as i have tracked it by royal mail. there is only one problem i sent letter to colmore road birmingham instead of chiswell st london,what do i do next,please help.:???:

 

Hi

This link should help:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Good luck, and please start up your own thread, then you can ask any questions you have on there.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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thanks for the help,where do i post my own thread.

 

Go to

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/ then click on "New Thread" in the grey/blue box, call your thread "Pokerdex V LTSB" or something similar and away you go.

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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Hi

 

Here is the link to the spreadsheet I used.

 

http://www.no450forum.org.uk/misc/detailed_costs.xls

 

BTW I don't think I put the £10 charge for the SAR access fee, so you should add that too!

 

I have just recieved a letter from the court re my cost claim. My letter was similar to Gary's instructions at the beginning of the thread and included the above spreadsheet

 

However this is what the letter says (Portsmouth):

 

Your file was referred to District Judge Jolly who made the following comments:

 

"The claim having been settled, the court can vacate the 10 july 2007. No order for costs having been made on 22 march 2007, costs not being reserved, there is no basis to make any order for costs without an application being served and a hearing. If that is what Mr X wants, so be it, and the time on 22 july could be used for a costs argument. Mr X to notify the court"

 

Please notify the court by 4 may 2007

 

What does this mean ? Does it mean I have to turn up in court to discuss the costs claim ? Surely my letter should cover it . Any Ideas. I will ring the court tomorrow to see what the clerks can tell me

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Yes, the judge is saying if you want to pursue it you'll need an application and a hearing.

 

Up to you really, but there are hugely compelling arguments that Lloyds have behaved unreasonably, and I'd be happy to help you with them. In fact I have just submitted a formal application myself which contains a detailed statement of their unreasonable conduct which you could use if you wanted to.

 

I'll actually post it here tomorrow if I get a bit of time.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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Thanks for the spreadsheet

XxXxX

I am a bit confused over the response you have recieved from the Court in regard to your application for costs.

Bankfodders links and template is what i have been going by

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=11&a=84

 

I cannot understand the need for an actual hearing :? surely this is just wasting more of the courts time.

 

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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I am confused Gary. Because I thought the letter that I sent the court, was an "application for cost". I used the letter, that you posted originally to the thread which started:

 

"I wish to inform the court that the claim as detailed above, in which I am the Claimant, has now been settled.

 

The Defendant paid the full amount claimed, namely £xxx, by way of a credit to my account on the xxxx. As such, no further action is necessary in respect of this claim.

 

However, in view of the circumstances around which this claim was defended and then settled5 days after the preliminary hearing. I respectfully request that the court considers this application for costs to be awarded in favour of the Claimant, pursuant to CPR 27.14(2)(g).

 

It is submitted that the Defendant has acted wholly unreasonably with regard to its conduct and litigation strategy in respect of this claim, for the reasons stated as follows....."

 

I also attached the following to my letter

 

Summary of Costs

Schedule of Preparation time Costs and Disbursements

Lincoln abuse order

List of settled cases

Copy of order made in response to an application for costs made in similar claim

Copy of Defendant solicitor’s letter dated 26th March 2007

Copy of Mullen -v- Hackney Judgement

 

I would appreciate it if you can give me further guidance. I will call the court anyway, to see what they have to say, though I doubt if the clerks will really understand!

 

 

 

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Yes, but what you submitted wasn't a formal application - only an informal request. A formal application would be submitted on, or attached to, form N244 with a £35 fee.

 

It was always going to be 50/50 over whether courts would accept it without a proper application notice or not. Some have, some haven't - looks like your judge is fairly strict.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I am confused GaryH

:???:

Bankfodders thread in regards to wasted costs states that no fee is required and there is no mention of form N244

:? :???: :? :???:

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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Thanks for clearing it up. I also note, that the "wasted costs link" also has a draft order too. BTW, I also have another letter I sent to portsmouth on a second settled case for costs. It may go before a different judge, so who knows I may be more lucky on the second.

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I'm glad your clear about it all ..... i am totally confused .... lol

:???:

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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CurlyChic. Gary is saying first try, sending the letter as detailed in this link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

The judge may accept this and require nothing further.

 

However the Judge is within his/her right to ask you to make a formal application (for your costs). So more work ! New form to fill in, fee etc. You may decide it is not worth the effort. However sending in the first letter is still worth the try, it all depends on how much time your willing to devote to it.

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Ok .... got ya

;)

Do forgive .... I am only a girlie .... lol

:p

If I have been helpful, PLEASE click the scales

 

 

You may receive differing advice as people have had different experiences. Please use your own judgement in deciding whose advice to take. If in doubt seek advice from a qualified insured professional. Any advice I offer is done so informally, without prejudice & without liability.

 

 

I WON !!!!

 

 

HERE WE GO AGAIN .... BRING IT ON

 

:D

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CurlyChic. Gary is saying first try, sending the letter as detailed in this link

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/85726-wasted-costs-order.html

 

The judge may accept this and require nothing further.

 

However the Judge is within his/her right to ask you to make a formal application (for your costs). So more work ! New form to fill in, fee etc. You may decide it is not worth the effort. However sending in the first letter is still worth the try, it all depends on how much time your willing to devote to it.

Cheers. Could'nt have put it better myself.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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  • 2 weeks later...

hi applied for costs as per the instructiolns on the site

just had a reply from ncle courts it reads

 

i write in response to your letter dated 30th april

the matter was refered to deputy district judge ward and the following comnment was made:

i refuse to allow claimant to apply for costs, he should have been in attendance at the hearing of 18th jan 2007 to ask for them.

the court has settled your case aqnd takes no further action

 

!!!!!?

i informed the court before the hearing that lloyds had settled and made no claim for travelling or court attendance .

i only claimed for letters postage ect /!!!

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are we able to apply for costs with the initial court claim?

No. You've no automatic entitlement to claim costs on the small claims track - they're only available if the other party has put you to unnecessary costs by behaving unreasonably. Put in a request when they settle, but even then its at the judges discretion.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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is it reasonable to add charges for my time in making this claim, am i entitled? surely holding off until the matter is taken to court is unreasonable and unfair on their part.

 

i pretty much lost my house and had to move back in with my parents because of unfair bank/credit card charges, i was on a wage of only £600 as an apprentice and it ended up i was having to pay out at least £300 per month in charges. i firmly believe that it was because of excessive and expensive chargies applied that i lost my home and in turn a lot of my belongings

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Can anybody help with where I stand please?

 

I notified the court that the bank had settled and attached a draft order for costs and spreadsheet.

The court only read the 1st page and have closed the claim.

 

3 times now I have rung to try to get them to put the application for costs infront of a judge

 

Today they cant find the case and they are now telling me I will need to pay a fee for the application for costs to go before a judge

If I have managed to help you in anyway then please click my scales

 

:eek::evil::-D

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is it reasonable to add charges for my time in making this claim, am i entitled? surely holding off until the matter is taken to court is unreasonable and unfair on their part.

I've actually answered this question in the post above.:)

Can anybody help with where I stand please?

 

I notified the court that the bank had settled and attached a draft order for costs and spreadsheet.

The court only read the 1st page and have closed the claim.

 

3 times now I have rung to try to get them to put the application for costs infront of a judge

 

Today they cant find the case and they are now telling me I will need to pay a fee for the application for costs to go before a judge

Do you want to make a formal application? If so I've got a part C statement which you can use, and I can help you fill in the form.

 

Obviously the downside is that it'll cost £35 and you may be called to a hearing.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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sorry i may have been unclear, i didnt mean about costs for wasting time, i read in another thread about adding an hourly rate for the work to the initial claim also

 

similar to lawyers fee's i'm sure i read that you are entitled to claim an hourly fee for the time you put in, and this can be added from the start - i can't find the thread now though to reference :( it said i think the hardest part was people not knowing how much to charge per hour, and how the number of hours would be realistic.

 

thanks gary you are being a great help

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This can only add weight to our claims for costs.:)

 

BBC NEWS | Business | Judge warns 'unreasonable' banks

 

"Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person, constitute unreasonable behaviour," said Judge Mackie.

"From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this."

 

Els

BANK CHARGES CAMPAIGN CONTINUES - PLEASE SIGN THIS PETITION

 

Aktiv Kapital £300.00 SETTLED IN FULL

Capital One £741.47 SETTLED IN FULL

Citi Cards £1221.00 SETTLED IN FULL

LTSB(personal) £3854.28 SETTLED IN FULL

LTSB(business) £7487.97 SETTLED IN FULL

 

What poor education I have received has been gained in the University of Life

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sorry i may have been unclear, i didnt mean about costs for wasting time, i read in another thread about adding an hourly rate for the work to the initial claim also

 

similar to lawyers fee's i'm sure i read that you are entitled to claim an hourly fee for the time you put in, and this can be added from the start - i can't find the thread now though to reference :( it said i think the hardest part was people not knowing how much to charge per hour, and how the number of hours would be realistic.

 

thanks gary you are being a great help

No, I'm afraid that costs are not claimable on the small claims track. There is a strict no-costs rule which means that costs are not available to either party.

 

This may seem unfair, but ultimately its there to protect the little people like you and me - it means we can sue huge coorperations safe in the knowledge that we won't be bankcrupted by their costs bill if we lose.

This can only add weight to our claims for costs.:)

 

BBC NEWS | Business | Judge warns 'unreasonable' banks

 

"Looked at in the real world where there will be no trial these steps, which place completely pointless work and some anxiety on litigants in person, constitute unreasonable behaviour," said Judge Mackie.

"From now on we will generally be treating such conduct as unreasonable behaviour thus enabling any claimant who has been put to unnecessary work and inconvenience to be compensated for this."

 

Els

I know, its fantastic. Lets hope that the pressure keeps building.:)

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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