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    • 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   
    • 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
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Mr&Mrs-v-Halifax


mr&mrs
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Hi, put our story on the welcome page so won't bore you all with it again (I tend to waffle). Having read some of the other postings it seems it may be best to start this thread with our progress.

 

Halifax deny having received our pre lim (so LBA sent Recorded and emailed all letters...we live and learn!). Tried e-mail and telephone communication with Halifax prior to and since LBA but no koy so far (other than "we have 8 weeks to respond").

 

Due to submit MCOL on Fri 23/02/07 £1933 charges + £604 interest...a little nerve racking! Was hoping they would at least discuss it with us prior to action:sad:

 

Anyone else at the same stage as us with the Halifax?

 

Pre lim sent 26/01/07

LBA sent rec del 16/02/07

Mr&Mrs

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Hi mr&mrs,

I phoned twice & e-mailed 2 times the Halifax last week as my LBA was due to expire on Fri. 16/02...very polite people on phone but no joy!! So, I filed my MCOL claim on Monday 19/02...they were given the chance to settle before interest was added on but didn't seem to want to!! More money for me then!!

Let me know how you get on!!

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Hi Docannie

 

I agree...they are polite and nice but like you say...no joy! I've just sent another e-mail to customer relations urging them to get in touch prior to friday and confirming that at that stage I will be reserving my right to claim interest rather than being willing to negotiate but if your experience is anything to go by I've just waisted my time:D

 

It is more money if they hold out...daunting though eh? I really hope you get a swifty resolve.

 

Please keep me posted on how you get on...good luck;)

Mr&Mrs

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Progress! I hope so. No joy at allwith general customer relations numbers or e-mail...no response or effeort to negotiate from them. Have used one of the senior CRM's numbers as posted on here and I'm on the phone to them now...they are looking into the charges whilst I wait...keeping fingers crossed! Will let you know

Mr&Mrs

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WOOHOO!!!! They have agreed to pay full £1933 in charges and £250.00 toward the interest we would have claimed had we issued court papers on Friday!! We are very happy with that. We have to wait for the offer in writing and sign the acceptance so won't count chickens just yet but hey, what a result! Thank you to this forum and it's members for the useful advice and tips...we couldn't have done it without you. Donation will be made once money received!Pre lim 26-01-07LBA 16-02-07Settlement (full charges and partial interest prior to courtaction) 21-02-07

Mr&Mrs

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Well done!!!!! I think i'll try that when i get to your stage!!!

 

What tel number did you call and who did you speak to?

 

Also, was your account still open before you started claiming?

 

Matt

19/02: S.A.R - (Subject Access Request) sent to A & L

20/02 S.A.R - (Subject Access Request) sent to HBoS

20/02 SAR sent to Capital One

21/02 Prem letter sent to RBS for £304

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Well done!!!!! I think i'll try that when i get to your stage!!!

 

What tel number did you call and who did you speak to?

 

Also, was your account still open before you started claiming?

 

Matt

Well done!!!!! I think i'll try that when i get to your stage!!!

 

Matt

 

I'm not at home at the mo so can't give you the number/name offhand. I got the number from this site though. It was under the thread giving contact names and numbers for Halifax. The name given (that I asked for) wasn't in but the lady I spoke to was a senior customer relations manager at Leeds.

 

She was very nice actually. She gave me the usual "it's highly irregular for us to negitiate over the phone" and "this is a one off". She also came in with a much smaller offer at 1st but I held my breath and went for it. In actuial fact the interest on our claim had we got that far would have been £604 but I was happy to take the charges and the £250 extra just to have it finnished with to be honest. I was 2 days away from putting in my claim which perhaps gave me some leverage so it may be worth you going down the same route when you get that far.

 

Good luck!

Mr&Mrs

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Hi all, I sent my LBA on 12th Feb and recieved the standard letter saying they are looking into my account blah de blah.

Should I be thinking that I should contact them or just issue court papers on Monday?

 

Star2544

 

I got my result today by phoning prior to issuing court papers (which I would have been due to do on Friday). I have been phoning every day since Monday and getting different responses each time but today was a phone call worth making! It's surely worth ringing them, you have nothing to loose. I played it by saying I kept ringing so that I could note my efforts to settle out of court. Maybe contact them again friday if you haven't had any joy?

Mr&Mrs

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Thanks very Much. Well done on you win.

Is there anything that I will have to say or can you suggest anything that worked for you.

 

Thank you! I just tried to keep it friendly, I got a little forthright (out of frustration!) with a chap on Monday and he really dug his heels in and gave me the blank 8 weeks response. I thought at one point the guy was going to try and haggle but after asking if I was recording the call (:???: ) he changed his stance. My call today however was to a senior customer relations manager using the contacts provided on this site. She was great. I also e-mailed [email protected] after each call, stating who I'd spoken to and the outcome of each call and expressing my dissapointment at their being unable to make effort to negotiate prior to Court Action. DOn't know if it all helped nut got there in the end.

 

Hope you do too, keep us posted on your progress!

Mr&Mrs

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Congrats to both Mr & Mrs and docannie..

Seems to be the day for settling today - called them this morning and was told '..sorry, its 8 weeks..' However, I kept my cool and explained that I had hope to settle prior to court, but had now filed N1. Woman I was speaking to was very apologetic and told me that she would e-mail customer relations. 90mins later got a call from customer relations and after I rejected the first offer, she offered the full amount - just waiting for written confirmation :D

Survivor :cool:

If you found my advice to be useful, then please click the scales to the left - Thank you.

 

Halifax - 13/01/2007 - Prelim sent

Halifax - 27/01/2007 - LBA

Halifax - 19/02/2007 - Filed N1

Halifax - 21/02/2007 - Telephone call from Halifax offering FULL SETTLEMENT (inc costs & 8% s.69) - RESULT!!

 

Advice & opinions given by Survivor are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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