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By BankFodder · Posted
I'm very sorry that you feel this way. As has been explained by my colleague, the help we give here is completely free that we need help from you to make your situation clear to us and that includes presenting your story in an understandable way not only in the way that it is presented to us for also in the way you explain it. If you follow the advice given by my site team colleague above and you don't get any joy I think come back here and we will help you through the next step -
By BankFodder · Posted
Whoops – sorry. I'm afraid that it is so often Hermes that I get into "Hermes" mode and just start rattling stuff off without thinking. It doesn't change very much though. In this case because you're not up against packing, you can either decide to sue P2G or Hermes – who I believe are the courier. You as all your correspondence so far has been with P2G then you may as well proceed against them. Your contract is with them directly. Had it been with Packlink who are based in Spain, then you would have had to use your third party rights and sue Hermes. Have I unravelled it a bit for you? -
the 1st issue appears to be resolved and settled through the ombs, you got the £75 compo to your smart meter. since then you have had a 2nd incident and this time, whilst raising your complaint on the ombs website, it is failing to allow you to successfully register it. the 2 issues concern problems with EON and their smart meter top-up App failing to work properly. a month ago EON sent you a deadlock letter regarding this 2nd issue offering an apology letter and £90, but to date despite repeatedly emailing, the letter nor the £90 has materialised. you now want to raise a small claim against EON regarding the no apology letter and no £90. we don't give nor make any charge for 'legal' help , however we do voluntarily give free advice, which if you latterly wanted to make a donation against, then that is upto you. p'haps the above will make things clearer for those that can advise. it might help you if you used ceoemail.com and simply bypass the methods to date used to resolve this with EON and contact the CEO . keep it short and sweet dx -
i was actually confused by BF's use of Hermes above, which must be an innocent mistake, as nowhere in post 1 do you mention hermes..
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It's just a normal leasehold. An old listed building converted into flats by the freeholders. Thank you
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Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347-
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON at mediation full amount **
jj58 posted a post in a topic,
Hi @BankFodder
Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
So I issued the claim on day 15 and they requested more time to respond.
They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
I opted for mediation, and it played out very similarly to other people's experiences.
In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them.
In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
Many thanks, stay safe and have a good Christmas!
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BankFodder, -
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***Hermes and mediation hints ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Picked By
BankFodder, -
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