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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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mum22 Vs Barclays


mum22
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still sat here waiting for my statements, has been 21 days now since barclays received my telephone request and 14 days since i sent the SAR thingy, got a letter from barlays this morning returning my cheque and stated due to being inundated with lots of requests my statements may take a few more weeks - i dont think so, you have 40 days matey, and if nothing through by then ill be kicking up a fuss.

 

I really really cannot see what takes so long anyway, so what if they are inundated its not my problem, surely ordering these statements cannot be any harder than a couple of mins for someone to type someting in a PC!!

 

Anyway, still waiting, but reading up on everyone elses threads, by the time my statements get here, ill be somewhat of an expert after reading everyone elses stories (well i can hope at least!!)

 

Well let you know when i get them.......................

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ok got my statements back this moring - took exactly four weeks from the telephone request.

 

Anyway been shifting through all six envelopes, and 1 realise i spend an awful lot of money on a load of crap and 2 that barclays owes me £735, (i was kinda hoping for a lot more than that but hey ho its still a lot of dosh!!)

 

Right so now im off to read the FAQs (again!!) just to make sure im doing everything correctly (i should know those FAQs off by heart now!!) and will get my request letter sent this weekend.

 

Anyway does anyone know that becuase its only a realtively small amount im claiming are they more likely to pay up quicker without all the court threats etc or is it a case of they are more likely to hang on to becuase they dont feel ill bother with court for a small amount??

 

Whatevre the case if i have to go to court then so be it, just would like money sooner rather than later but must remind myself that its money i was never expecting so whatever the wait it will be woth it!!

 

Feel like i can really start joining in on all the fun and games now!

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first of all, go through your statement again to check you havent missed any..

did you look for all three of the charges over the last 6 yrs

 

when youre happy with the amount go here.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

.

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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ok statements double checked, also got oh to check them too and nt found any fidden extras

 

prelim letter sent by recorded post this morning, to which i understand they have 14 days to reply, allowing them 2 extra days in which to receive it so this would make it the 11th April by which they should respond.

 

Now is this 14 working days or 14 straight days (got a feeling its 14 straight) and i dont have to worry about allowing them extra days for the weekends and the easter break?? If im wrong will somone let me know, dont want to go getting all bolshy on the 11th if its too early??

 

thank you

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It's up to you really! 14 calendar days from receipt would be reasonable, though if you're feeling very reasonable add another couple of days on for bank holidays.

If in doubt read the

FAQs

 

If still in doubt - ask!

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thanks for the reply - will give the 14 straight days, im pretty sure if the situation were to be reveresed they wouldnt be so understanding towards me!!

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im pretty sure if the situation were to be reveresed they wouldnt be so understanding towards me!!

 

I'm shocked you could even begin to think such a thing :eek::-D

If in doubt read the

FAQs

 

If still in doubt - ask!

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just an update -

 

received letter from barclays this morning, the standard rubbish about how their sorry i feel the need to complain etc etc and will get back to me with an update by 27th april................

 

due to send lba on the 11th april, so only another 7 days to wait before i can move onto the next step, certainly not hanging around for them and allowing them extra time as requested.

 

I have read enough on here to know that im in charge and i set the timescales, its just a matter of a waiting game and reading up on my stuff for the next step.

 

bex

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not sure if this is related to claim against barclays or not BUT i have just tried to log in to my online banking thingy and got a message up saying i have been denied access due to security reasons!! - i know for a fact that the details i entered are corrent as i have them written down in front of me, i also tend to log on once a day to check my balance etc and they are the same details i have typed in every other day!, its not saying my log in was incorrect or anything though??

 

Please tell me this is just a conincidence and not them being bloody awkward just becuase ive threatened to take them to court!!

 

Oh god i did get halfway through setting up a parachute account but didnt bother sending my forms back, i think now would be a very good time to be sorthing out another account pretty quick.

 

Even if its not to do with my claim then its pretty shoddy service, i mean the log in details were 100% correct, my account is well in credit so why would i now be denied access, im certainly not a security risk!!

 

anyway the 14 days is up tomorrow morning so will be sending off the LBA first thing then ringing them to complain at the shoddy online banking service they offer!!

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mum, more than likely its a coincidence, prob completeing maintenance on the site, I would try in an hour or first thing in the morning, if its still the same, go into your branch,

or

Hopefully this insnt the case but,,,

if someone has tried to access your account and entered the details wrong more than I think 5 times then the account is automatically frozen until you contact the supoort team.

.

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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I have just tried mine [2234hrs] and logged in with no problem.

 

 

silly question but,,,,,

youre not logging in with your CAPS on are you?

 

sorry to ask the obvious.

.

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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phew panic over, rang barclays said there was a problem with the online banking which is why i could not enter, nothing to do with me entering wrong details but all sorted now, or it will be as they need to send me new log in details now - hope to god no one was trying to get access to my online banking stuff - girl on the phone didnt know just said it was due to security issues - so even if someone was trying to get access its been denied and new details have been sent to me - so i spose i better take back the shoddy comment i made re the online banking looks like its quite good after all!!

 

Anyway back to the matter in hand, just about to head off to the post office with my LBA, so the clock can start ticking again for the next 14 days............ so by my reckoning allowing them two days oto recieve it then my 14 days deadline they have until the 27th April to respond with all my cash or ill be filling my claim with mcol - now might be a good time to have a read up on all that i think!!

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  • 2 weeks later...

had another letter from barclays saying it will now be the 14th may before they can get back to me after looking into my complaint..........

 

looks like they are not even going to bother making me an offer........

 

anyway time to file with MCOL on friday, but just some questions on that

 

In my original request to barclays i requested just £735 which was my total charges without the overdraft interest, when i file with MCOL can i now include the overdraft interest or is that one now too late, as i had not mentioned it in either my original request or my lba?

 

Thought that maybe Barclays would have made me an offer especially as im only claiming a relativey small amount, but looks like i will be going down the small claims route afte all!

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Hi mum, you are doing great.

Your first request doesnt include the interest. [tick]

Barclays wont reply now,

After the 27th file with MCOL [this will cost either £80 or £120 depending on if it goes over the £1000].

When filing you add your 8% and the fee will be added automatically.

 

any help needed on MCOL either get bact on here or go into the chatroom.

 

good luck

.

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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arghhhh im stuck and cant find the chatroom, directions would be good please!! if anyone is reading this jsut need a tiny bit of help before i hit submit - im at the very last bit of the mcol form and it says the total amount to be claimed - now in here do i put my total charges 735 or do i put my total charges plus the 8% interest which would make it £833 odd - just need the answer to this one and i can hit submit!!

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ok found my way to the chat room got the info i needed, mcol is completed, the submit button has been hit and paid £80.00 with my debit card.

 

So whats the craic now then, i take it it will say something like served to barclays in a couple of days?? and then they have 14 days to acknowledge - am i right?

 

to anyone yet to file with mcol, it actually was not anywhere near as bad as i thought it was going to be, especially with the information i found on here, so go for it!

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ohhhhhhhh nooooooooo just a thought, i didnt need to detail each charge with my mcol did I????? like the schdule of charges thing or anything?? or do they ask for this at a later date??

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ohhhhhhhh nooooooooo just a thought, i didnt need to detail each charge with my mcol did I????? like the schdule of charges thing or anything?? or do they ask for this at a later date??

 

From what i have read you now send your schedule of charges to mcol then when B's acknowledge you send another copy to them (B's) but im no expert so wait see if someone else replies

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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mummy have a read here and see if it is what you did.

Im surprised that you had enough room on MCOL to file details of you SOC.

You can send a correct POC /SOC to be added to your claim so dont worry too much

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

and

 

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/71369-getting-mcol-right.html?highlight=completing+mcol

 

and

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence-3.html

.

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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cheers for getting back to me - in the statment box bit, i just copied and pasted the particulars of claim info on here (changing the bits in red to match my own details though), it all fitted on - please tell me i have done this correctly???

 

if i have i guess the next step is to send my soc to mcol now?

 

starting to feel nervous now as i havent a clue what im doing, i can see now why barclays hold off on making the payments as i bet loads of people back out when it gets to this stage, i really dont want to be one of those....................

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