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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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New Claim


fumingmad
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I have issued First Direct with a SAR and sent on the 16th February.

This was sent by recorded and signed for 1st class.

Using track and trace today (25th) there is no record on the royal mail web site of proof.

I recevied a standard letter from FD on 20th Feb saying they will provide me with copies of my statements for the last six years. then goes on about manual intervention (which seems the norm) and that the information will be sent by courier FOC.

 

I'll get on to Royal Mail on monday morning about the track and trace proof, but will their letter confirming my request be enough proof?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Hi fuming,

 

This seems to be fairly typical of Royal Mail. I sent my SAR, Prelim and LBA all by 1st class signed for to FD and none were actually signed for !!

Apparently according to others on the forum the letters are delivered in a batch to big companies.

Trying to complain to Royal Mail is not easy - even online you have to print off a form and post it !

I think if push came to shove you could use your red receipt with reference no. as proof of postage.

 

Dub

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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Just to update on the RM thing - i phoned their customer services today and asked for the status and when i got the info i enquired why it wasn't avalable on the track and trace on the website. No answer given but the kind lad offered to either fax or email me the info FOC!! no kidding!! i saved myself £4.40 (2 POD @ £2.20) without having to argue it. I now have electronic proof of delivery. By the way there are at least 15 other bar codes on the proof so it looks like the banks are very busy at the mo....tee hee.

I wonder how many more claims need to go in for their work load to become unmanagable...........maybe they will see the error of their ways but i doubt it!!!:rolleyes:

 

Keep you posted.:)

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Hi fuming have you got the phone no. you managed to get hold of them on.? I've ended up in circles chasing the bast**ds!

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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hi dubliner10

 

yes here it is 08457 00 1200.

 

you have to go through the track and trace automated bit so bear with it. You will get to speak to someone eventually!!!

 

Good Luck!

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Update for you

 

I today got my statements! - Had to go to the DHL depot mind but that's another story.

 

I've been through the accounts and worked out everything on the complex spreadsheet - its brill!!!:)

 

Well the bottom line is that i have paid £2,780.00 in charges and £345.07 interest on these charges on the current account! Amazing thing is that even my savings account has managed to incur OD and Excessive OD charges on it which i am puzzled by :???: but i will be requesting these back as well. I'm not allowed to set up SO and DD on this account and can only transfer the money by internet banking so it will always remain a puzzle as to why there are charges.

 

Savings account is £85.00 in charges but there are no interest charges on these. I can see from the statement that for 2 months around these charges there has been no interest paid in or any reference to interest. Any thoughts on this anyone???

 

So i'll be sending off a letter requesting £2865.00 plus £345.07 interest.

 

Just for interest the most i was charged in one month was £124.00 Excess OD plus £25.00 OD Fee. Unbelieveable!!:evil:

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Hi, Fuming.

I'm keeping up with your story, best of luck!!

FD once charged me £149 back in August 2003, what made me even more gob smacked is that they charged me again the next month for exactly the same amount! (£129+20, then £124+25).

I sometime wonder if they just pluck the figures out of mid air and see how far they can get away with it.

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Hi Tiffla

 

Yes i agree that there doesn't seem to be any rhyme or reason for their charges. When i first opened the account they charged £15 a time and then £25 then £30 then £25 and £20 and not it £30 all the time. - There is no logic at all to it and i can't imagine for one minute that the banks REDUCED their charges or am i being too pessimistic?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Just goes to show....

 

FD seem to be more interested in keeping customers who line their pockets month after month with penalties.

 

Those who rarely go overdrawn and therefor don't really add to FD's profits, are customers - not GOOD customers.

 

Hope that doesn't offend anyone.

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  • 2 weeks later...

Well this just seems to be going from the absurd to the damb right ludicrous!! I received my SAR requested statements on the 1st March as previously stated and on the 8th March my husband received the exact same information! It is a joint account and we both signed the letter, but to get the same information twice but a week apart is bizarre!

 

Then ....it just gets better.......we moved house 8 months ago and informed FD of the new address at the same time (Joint account but we had to inform them separately ???) and today the new owner of our old house delivered some post that was delivered their. In amongst the post was a letter to my husband from FD with the cheque for £10 that i signed when i requested the SAR. It had the same date on it as the letter from FD informing me that they had received my SAR request and will send it out via courier.

 

Every single item of post from FD comes to our new address - EVERYTHING!! So why this returned cheque went to the old address well i'll never know.

 

Oh and just a little thought. FD don't charge for a SAR request as they are entitled to do but they unlawfully charge for transaction that they AREN'T entitled to. What a strange world.......

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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got an offer letter today. They acknowledge my claim for £2955.00 is bank charges etc. I requested that i get back £2965 plus £345.07 in interest so i don't understand their figures at all!!.

 

They have offered me £2340.00 less the claim for the stopped cheque i requested they stop. Fair enough i think, £7.00 for a stopped cheque i won't quibble.

 

Strangely enough though the declaration they want me to sign has my name at the top but the information is for £85.00 settlement and for a Mr Richards and Miss Lee. So i can't sign the declaration even if i wanted to! which i don't.

 

I will be refusing their offer and insisting that they return all my money. They also say in this letter that they are not willing to refund any charges related to unpaid direct debits.

 

I'm off to write my next letter........

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Good on you Fumingmad! (for rejecting their offer I mean).

 

Interesting that they're sending you someoneelse's acknowledgement slip with YOUR offer letter (Dimwits). Probably confirms all the posts recently on this site that they're getting flustered by the number of claims.

 

I too received TWO lots of statements (6 years worth) by two different courier firms within a few weeks. Bizarre as you say. One lot of statements were literally printed A4 sheets, the other lot were 'proper' FD logo encrusted duplicates.

 

Hopefully they won't keep you too long before offering the full amount.

Claim against First Direct - WON - 29th March 2007

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Thanks Harvest.

 

I managed to get my letter in last nights post - amazing what you can do when you put your mind to it. They have until friday to reply fully before i send my LBA.

 

Time is ticking.....

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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I know what you mean about time ticking. It's almost as if the banks have a different timezone to the rest of us.

 

They are very quick to apply charges (they don't give it a second's thought) but very slow in replying to letters.

 

I'm hoping to hear this week after I rejected their first two offers (first one for about 20% of Claim the second offer for almost 90% of claim).

 

Oh well, patience is a virtue I suppose.

Claim against First Direct - WON - 29th March 2007

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Seems to me a bit silly all this too-ing and fro-ing of letters. The fact they are inundated with claims they should save themselves the bother and just refund the money. But then in a civilised society we wouldn't have been charged in the first place!! Big dog eat little dog world!

 

but the little dog can bite back!

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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  • 2 weeks later...

Another update. received another offer from first direct:

" I am sorry to learn that you remain dissatisfied with our letter dated 12 mar and i have takent he opportunity to reveiw your concerns. Having reviewed your accounts, i note you have included Recall fees of £### and interest totalling £##### so i have adjusted your claim accordingly to £###."

 

they then go on ot explain that to authorise a payment that wouldlead the account ot go overdrawn they have to consider whether to make this payment bla bla bla.....

 

They offer me £553.44 less then i requested and the answered my letter on the absolute end date of the period i gave them before i file a MCOL.

 

Do i refuse the offer and carry on with MCOL or do i refuse and give them another 7 days?

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Hi, Fuming.

 

Your choice at the end of the day.

 

Personally, i'd accept their offer on the understanding that you'll take them to court for the remainder.

 

£500 is £500, but i guess it depends on how desperate you are for the money.

 

Keep us all posted!!

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  • 2 weeks later...

I sent a letter refusing their offer. Its now been 5 days since the LBA time ran out and after refusing their offer i thought i'd give it a week to see if any correspondence came back. And guess what - nothing has.

 

I'm going to file my MCOL this weekend as i have everything ready to go. Shame that they didn't take the opportunity but now i get to add on my 8% interest!! bumps up the claim somewhat but that's their loss.

 

Do i send FD a letter telling them that i have filed a MCOL or do i leave that for MCOL to do? Not sure from the other threads here if that is the case but i have told FD that i will escalate the claim etc....

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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Hi, Fuming.

 

No need to let FD know, the courts will do that now. You've already given them plenty of chances to settle for the full amount.

 

Still waiting for my AQ to arrive, it's been a week now:(

 

Keep us all posted.

 

Best of luck.:)

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Bit of a delay in filing the MCOL. I today received a letter from FD offering charges less the interest as per the spreadsheet. I have now had enough messing around and i'm filing tonight! Stupid them as it adds another £1,100.00 to the claim. at least i'll get my additional 8% now as well as the cumulative interest on the charges!!! Fingers crossed.

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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  • 1 month later...

I have filed my MCOL on the 12th April. It was deemed by the courts to have been served on the 17th April. Acknowledgement was on the 20th April and on the 17th May no defence was filed and i asked MCOL for a judgement. Today i get a letter from the Courts saying that "Your request for judgement has been rejected for the following reason: A bar on judgement/enforcement is in place - contact CCBC"

 

Help anyone???? its a saturday and i can't find any further information on their website and have absolutely no idea what is going on.

 

What's going on??????????

First Direct - LBA sent 12/03/07

GE Capital/GE Money SAR request sent 15/02/07 - 4 Accounts -Prelim sent 30/03/07

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