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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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Payitallback v Lloyds TSB Loans, C/AC & Credit Card!


Payitallback
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Lloyds acknowledged service of claim 8th June, Defence filed 20th June. Allocation Questionnaire need completing by me and returning to the court with £100 fee by 9th July.

 

Bizarrely a letter the arrived this morning, dated 22nd June, from Kerry Parfitt, Customer Services Recovery Centre, Andover.

 

'I wrote to you four weeks ago to update you on our investigation of your complaint....I would be grateful if you could bear with us for a little so that we may try to reach an amicable conclusion' !!!

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  • 3 weeks later...

I filed my AQ yesterday morning using BankFodder's 'Draft Order For Allocation Questionnaires' and the suggested text to avoid a Stay.

 

When I got home I saw two letters from Sechiari Clark and Mitchell on the mat... One saying they intend to defend the claim and asking me to have an account review... And one saying the charges are lawful and justified but they are waiting for the OFT to clarify the situation and in the mean time if I sign to agree their conditions Lloyds TSB will pay me in full!

 

BY JOVE... I DO BELIEVE I'VE DONE IT!!!

 

I'VE WON!

 

What do I do now? Should I accept the conditions? How long do they take to credit my account?

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Thanks guys! Silence from S,C&M. Their offer letter requested the signed conditions to be returned before 19th July (14 days from the date of their offer letter).

 

I don't know if that means the payment is scheduled to be made within that time period??

 

I'm worried now that I've delayed it by rejecting the conditions, wich were pretty insignificant anyway.

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I'm worried now that I've delayed it by rejecting the conditions, wich were pretty insignificant anyway.

 

Most people reject the conditions and i've never read of an instance where it's delayed or affected the payout.

I would just keep checking your bank account as it's sure to land in it soon! :)

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Well, the 19th has been and gone, and no sign of any CASH!

 

I phoned S,C&M one day last week to check if they had received my letter and they told me that they were snowed under and it would take about two weeks. They also said that I would receive ANOTHER letter specifying when and how the payment would be made.

 

I've now sent my LBA for my Lloyds Visa. They wrotre back to my prelim acknowledging the ruling of the OFT, saying they DISAGREED with it, and had no intention of back dating the reduction to £12 charges!

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Hi special k here.

i succesfully claimed charges on my private account and my business account from a very startled nat.west i sent a letter to them saying that i would not agree to any terms they were setting out and if they charged me again i will start another claim,i also stated that i wanted my claim sent to me by cheque and not into my account, this they ignored and within 7 days without any warning from them they paid the full amount of my claim into my account both with the business and private as soon as i realised it was there i withdrew it, I am now in the process of claiming my credit cards, lloyds being one of them, and the very nice debbie gilbert has sent a letter more or less saying i do not have a leg to stand on, and as far as she is concerned there is no claim and there will never be one.Has anyone had ruffly the same letter?

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Hi special k here.

i succesfully claimed charges on my private account and my business account from a very startled nat.west i sent a letter to them saying that i would not agree to any terms they were setting out and if they charged me again i will start another claim,i also stated that i wanted my claim sent to me by cheque and not into my account, this they ignored and within 7 days without any warning from them they paid the full amount of my claim into my account both with the business and private as soon as i realised it was there i withdrew it, I am now in the process of claiming my credit cards, lloyds being one of them, and the very nice debbie gilbert has sent a letter more or less saying i do not have a leg to stand on, and as far as she is concerned there is no claim and there will never be one.Has anyone had ruffly the same letter?

 

Hi

Sounds like standard Lloyds' waffle to me, ignore it and carry on with your claim.

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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