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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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eldridge v natwest


roncarron
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we have recived our statments for the last 6 years and they arived in only 7 days looks like natwest have got thair finger out ,, have yesterdat the 21 st of feb taken the first letter into our local bank and got recipt for it and the lady said she has had alot of them so now we wait and see claiming £3,946.03 that is with intrest so lets hope all goes well

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There have been many cases where NatWest have paid out at prelim or LBA stage so you could be in for a pleasant surprise.

 

However, do make sure you keep on top of this and do not let your deadlines pass or allow yourself to be put off by their tactics or that of their solicitors if they should become involved.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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  • 2 weeks later...

Just a note, but its up to you. If I were you I would send the letters, i.e. Prelim and LBA to the Borehamwood address. Mr. Stuart Higley. You tend to get answers from him, albeit wrong answers, but at least an acknowledgement of your claim, so you know its been looked at. I would send recorded post the LBA to Borehamwood. But tis up to you.

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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update natwest offer letter recived for £3,267.00

this is without intrest but we have decided to accept this offer as its better in our account than out of it so we will take the offer,,,,,

will advise when the cque arives thanks to all at consumer action will donate when cqe arives again thanks to all and to all others go for it get it back

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Congratulations!!! :D:D:D

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Guest NATTIE

Congratulations!! I hope that this will not lead to a post about no cheque and the money being paid into the account(i am guessing on this last bit).

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today i recived a letter from natwest dear mr stuart higley after they sent me a offer letter as a good will thing , i sent back a responce that i wanted to be paid by cqu as i did not want that amount payed into a closed account ( but you might think that they know this fact ) i said i wanted to pay it into another bank , but here we go the reply stated that i quote MY OFFER WAS IN FULL AND FINAL SETTLEMENT WITH PAYMENT TO THE ACCOUNT DESIGNATED AND REGRET THAT UNLESS IT IS ACCEPTED IN THAT MANNER IT WILL BE NECESSARY TO WITHDRAW IT, IN THE CIRCUMSTANCES THE OFFER IS OPEN FOR THE NEXT 10 DAYS AT WHITCH STAGE IT WILL BE WITHDRAWN

 

so now i will wright back and say i cannot accept this money going into a closed account and will now issue court papers in 10 days

 

any other help on this has anyone else been at this point ???

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Guest NATTIE

was it for the full amount that you claimed? If yes then you have to accept because you have no case to go to court with

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it was for the main amount but with no intrest , but how can i accept a offer to pay to a closed account it will be no use to me at all i wont be able to use it as its a closed account ,,,, and the offer was without intrest £3287 i claimes £3967.02

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there is no dedit this is all just bank charges for the last 6 years we changed accounts 1 year ago because of all the charges the account was closed with it sitting at £oo.00 we are just claiming charges and they want to pay it to a closed account i dont see how they can do this there is no account now i have a statment with account closed on it

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Guest NATTIE

In that case i would ask them if you have an account open. Did you close the account and get a closing statement that would have confirmed this?

I think a cheque would be sent out if you can confirm that the account is closed.

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Easy peasyily solved. Ring Mr Higley on the telephone number at the top of the letter you received. Tell Him, you are not being difficult but the old account you had is now CLOSED. Cannot therefore pay money into it. Im sure he will see exactly what you are saying once you speak to the man himself. Or at least one of his staff members in that department. Get them to check the old account number whilst they are actually on the phone with you. That should soon solve problem once they see account is no longer open. You can then ask them to send CHEQUE PLEASE. Many thanks. Sometimes there are so many different people involved in the claim, i.e. you get letters from different peeps in different departments, and sometimes they cross wiith each other, etc. etc. So If I were you I would go straight to the head honcho on the phone and explain. That way he knows himself then the account is closed hence why you asked for cheque. Dont deal with the other departments or peeps on the way, as you will only end up having to explain several times to several different pees. GO STRAIGHT TO THE HEAD HONCHO, or at least one of his team on the number on your letter. Make sure you get their name so you can refer back to them in event of any problem, i.e. no cheque. All the best. Fendy xxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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just sent a letter to natwest

 

 

Dear Mr Stuart Higley

Further to your letter dated -----------,

 

You state that my conditional letter, well by the responce to it , it seems that your letter was very conditional in its self.

I refuse your offer to have this amount payed into the account designated and into the bargin i consider it to be the deliberate intention of the banks style of litigation.

 

I must say that I do find it somewhat of a punitive goodwill gesture that you will only pay this into an account that is no longer in use to us and to what I have no access. What point can this be I ask myself.

You offered the amount of ----------- and then you say it can only be paid into this account. This is not true NatWest can and has issued cheques to people as I have other people that have claimed and have been sent cheques, I am willing to accept your conditional offer but paid via cheque made payable to --------- and not to a set account so it can be paid into an account of my choice. I do not think that this is an unreasonable request, and I’m also shore that the courts would also see this as a reasonable request from me to sort this matter out.

 

In relation to this im shore your share holders will love this waist of money in court action, today we as people don’t give in when we know we are right

 

I note that in all cases at the 11th hour you seem to settle the figures in question rather than stand in court and fight this out to the end, over 15,000 cases have been sorted at the last moment and none to date have been tested in the courts.

 

All I ask is that this amount that you are willing to offer as a goodwill gesture is paid by cheque to me; I cannot see the problem with this.

Could you please supply a reason that this amount has to be paid in this way, and by what banking rules you are using to found this as to date I see none and can see this as a way of trying to force me to use this way to sort it out

 

but I will say I’m willing to go all the way with this matter I will not be bullied or forced into anything, but this will only add to the final costs as I’m willing to accept this without the interest, at this point if payed by cheque to me without restrictions on the cheque ie what account to be payed into., but if I issue papers in the ------- county court then this will be for the full amount with interest and all costs.

 

I do notice that NatWest uses a company called Cobbetts for their court cases where they get you to go all the way throe the county court and then at the last minute offer a full settlement including all costs. If this is what you would like to do them I’m more than willing to add to the amount above by adding interest and also court costs and also legal fees as well.

 

I will have no problem with this and with this letter I issue my last letter before proceedings

I would also request a full break down of how you come to these costs for charges,

 

I look forward to your responce to this letter on all points raised , and not with standard letters

Again i will accept your offer of --------- in full and final settlement via a cheque made payable to me so i can pay it into an account of my choise.....

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Ron,

You have un-fonted yourself now. You are right to request payment by cheque, but whether they will is another matter. Good luck.

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Good luck Ron I would stick to my guns too and demand that cheque your letter says it all

NatWest : £857.00 won! March/07

Natwest : Witholding my statements & adding defaults etc , S.A.R sent Jan/08

Natwest for my partner : £2,101.00 won! Feb/07

Studio Cards : Refund for admin charges £108 Won! Dec/07

Complaint made to FOS for P.P.I Jan/08

Nationwide: S.A.R - (Subject Access Request) sent for statements Nov/07 ( waiting to see what happens in the OFT test case )

Littlewoods : defaulted on CCA request Feb/07

DCA's that crawled out from the woodwork and have crawled back : 28 so far!!

My favourite link on CAG:

Click here: Can't Find What You're Looking For? Here's A Complete A-z Index - The Consumer Forums

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And basically if they come back saying it has to be paid into that account, then send a sarcastic one back saying, How can it possibly be paid into an account that is closed, answers please. Thanks.

 

Fendy xxxx

NATWEST BANK CLAIM - £16,100.00 WON

ABBEY BANK - £5500.00 WON

CAPITAL ONE VISA - £1800.00 WON

HUBBYS CAPITAL ONE VISA £2012.00 WON

TOTAL WON TO DATE: £25,400

*************************************************:D :D

NATWEST BANK -CLAIM 2 PRE 6 YEARS- ONGOING

ABBEY BANK -CLAIM 2 PRE 6 YEARS - ONGOING

YORKSHIRE BANK - AT SAR STATUS

HALIFAX CREDIT CARD - AT SAR STATUS

PLENTY MORE TO START LATER.

STRENGTH IS SOMETHING YOU CHOOSE IN LIFE, ITS A CONSCIOUS CHOICE YOU MAKE, YOU ARE NOT BORN WITH IT. YOU LEARN IT.:D :D

 

STRENGTH, YOURE NOT BORN WITH IT, YOU LEARN IT :confused:DUE TO WHAT LIFE DOES TO YOU. :)

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