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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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foxy v abbey


FOXYLADY1970
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There is a spready with a list somewhere but I'm going to watch the football so I'll have a little look for it later tonight Also I've calculated using the survey on the front page averages, that Abbey have refunded about 300 customers from this site, which I thought was quite a telling stat to use.:)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi foxy,

 

Half -time

 

http://www.consumeractiongroup.co.uk/forum/general/64871-spreadsheet-claims.html

 

latest Abbey claim is 13/03, but you've got plenty to choose from

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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i got confused...my brain hurts

Abbey £4340.59 *WON* Jan 07

 

Abbey II MCOL 31/03/07 £8800.00

 

Please note..I AM NOT AN EXPERT ANYTHING WHAT I POST IS PURELY MY OPINION AND MAY BE WRONG IT IS JUST BASED ON MY UNDERSTANDING OR EXPERIENCE

 

Read my latest claim its a fast track potentially

http://www.consumeractiongroup.co.uk/forum/abbey-bank/61406-noobrider-abbey-take-2-a.html?highlight=noobrider

 

read my first claim which includes attending a directions hearing in court

http://www.consumeractiongroup.co.uk/forum/abbey-bank/10576-noobrider-abbey.html?highlight=noobrider

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Hi,

Not sure if I should write to Abbey and ask for there cooperation to the terms of the court order dated.................... and tell them that I am now preparing my Court Bundle and will also be asking for £80.00 towards ink and paper and 40 hrs @ £9.25 for the time it has taken me to prepare to go to court.?????????????????

Ordinarily there are no costs awarded to either party in the Small Claims Court. But if one party behaves unreasonably, the other can ask the Judge to award costs in accordance with CPR27.14; namely £9.25per hour Bundle prep and £6.75 per letter. However, don't write to the Judge (or Abbey) Just ask Abbey for it as part of the settlement prior to Court (ie include it in the inevitable telephone conversation with James/Inga just prior to Court). They didn't even raise an eyebrow at my 34hrs. I had ready a schedule of how that was made up but they didn't ask. Clearly, if they refuse to pay prep costs, just threaten Rule 27.14. http://www.dca.gov.uk/civil/procrule...enus/rules.htm

Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

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Hi everybody,

 

Bundle all done and ready to send to abbey :D god it took some time, and had couple of sleepless nights, anyway its done now so lets just see what happens

 

Am just putting details together and will pin so that when I finally get a phone call from somebody I will be ready to talk settlement.

 

I am going to ask for 35 hrs @ £9.25 for putting bundle etc together and £50.00 to cover cost of ink, paper postage etc.

 

so with the court costs this will put my amount up to £1818.72 - £230.00 goodwill gesture they have already paid.

 

total due £1588.72.

 

Would I need to advise court that the amount has gone up or just leave it as I understand that on small claims you cannot claim for costs.

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Foxy,

 

On my N160 ( Notice of Allocation) it says in a box at the bottom under "Notes"..........As you have consented to your claim being heard in the small claims track, any costs allowed to the successful party will be limited to the maximum sum which can be awarded in the fast track".

 

 

Is yours the same?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Foxy,

 

It looks like the drinks are going to be on you............:):p

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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Hi Foxy,

 

Haven't been on here for a couple of days, glad it's going ok for you! Did you send a letter with your bundle requesting your costs or are you going to wait until they contact you?

 

I've had so much on the last few days but I really must get back on track with my witness statement & bundle & get it off to them!

 

Villafan

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Hi Foxy,

 

Witness statement has to be exchanged by 17.05.07 & bundle lodged on 31.05.07 but I'm planning on sending them together before 17.05.07. I'm busy printing & photocopying at the moment inbetween looking after & sorting out 2 children & 1 hubby! Trying really hard to get it done asap as my computer keeps crashing on me.:eek: I think I might have to invest in a new one with my payout!!!!:p:D

 

Villafan

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hi villafan,

 

Yes i know how you feel i have 3 children to run around after and run my own business so been busy time for me also.

 

I have not sent off bundle to court as i need to advise them if abbey stick to the directions or not so cant do anything until the 14th May.

 

Keep me posted.

 

Foxy

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hi everybody,

 

im a very happy girl today just had letter in post from inga kirkman saying they will settle with me in full cheque will be sent out or paid into account.

 

thank god for that looks like I have won will inform the courts once money has gone into my account.

 

:) :) the good news is they didnt take off the goodwill payment they had already paid me so £260.00 better off.

 

thank you for the help everybody and keep me posted on how your getting on.

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Hi Foxy!

 

CONGRATULATIONS & SNAP! Only thing is I don't agree with her figures so have e-mailed her & just awaiting a response.

 

Wonder if charleyfarley has received a letter too?

 

Hope you've got a nice big smile on your face :D :D

 

Villafan

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FOXY.....................looking good:)

 

Well Done..............you don't get congratulations unti lyou get the cheque;)

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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no was going to do it when they called but never mind they have over estimated the claim anyway as they have not taken off the £260.00 they have aready paid into my account.

 

how much less is your for

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Well done Foxy lady ....really good news . Am I right in thinking that you did NOT submit your court bundle ?

 

Checked with the Court yesterday and my AQ is still with the Judge !!!!

Absolutely nothing heard from the Abbey , I am a little tempted to call them but on the other hand I would prefer that they contact me , as I dont want to look as if I am begging .

 

Charleyfarley have you had something in the post ??

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hi lady E,

 

I had sent my bundle to abbey but not onto court as they didnt want it until the 6th June abbey had to send there bits to me by 14th May and then I was going to inform courts and send on bundle to them saying abbey had not repied to order.

 

will let you know when I have received the money.

 

keep me posted on your claim and good luck

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