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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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unforceen accidents


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Until recently i thought all accidents were unforceen, or else we would not have them.

I was unlucky enough to be involved in a car crash. The other person had a heart attack at the wheel and drove into the back of my car. Unfortunatly the driver died at the sceen.

When putting in my claim to the insurance company i was told that as it was an unforceen accident that no body was liable and that i would have to claim from my own insurance loosing my no claims bonus.

I understand that i was the lucky one in this accident as i walked away un hurt physically, but finacially i have lost big time.

The other driver was fully insured and up to date with his premiums, but this is a get out clause that the insurance company uses to not pay up.

I am told that the accident was an act of god and could not be forceen so no one is responsible.

Luckily i had fully comp insurance which did cover some of my costs, but here is a warning to drivers on 3rd party ins, you may have an accident that is not your fault and have your car written off and not be able to make a claim on the other sides insurance.

If i had been hit by an uninsured driver then there are companys i could have claimed from. But as the driver was insured at the time of the accident there was nothing i could do.

just thought i would pre warn others who may find themselves in the same situation.

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Have you checked your policy and does it match up to what is being said. If yours doesn't then why should you believe the other person's does? Can you not get access to a copy of the other driver's policy to prove what they are saying.

 

If you tell your insurance that you do not accept this do they have to pursue your claim on your behalf? Can you get any independant legal advice such as via a union or trade organisation?

 

I'm not saying any of this is right, these are just the kind of thoughts that are going through my head when I read your post. Interesting point though!

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HI Spent

As in all claims, negligence or another tort needs to be established. If the insurer that refuses to pay has evidence of no prior knowledge of a heart problem then the defence is valid.

They would have to produce the deceaseds medical records for scrutiny & if there is any evidence or even suspicion of heart problems then they are liable

It will be difficult for them to prove the Act of GOD defence without proper evidence of a sudden attack to their Insured, who is no longer there to defend himself. Innocent victims are likely to receive some sympathy and have the upper hand in litigation in these sort of circumstances.

Make a claim via the MIB (Motor Insurance Burea) & they will probably tell the deceased's insurer to deal with it

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I have contacted various legal advisors who tell me this is correct,

The only way i could have gone was to sue the driver through the courts, but i was told that with any case like this it would be very unusual for a judge to be on my side.

To be honest this happened a while ago and the claim and repairs have all been finalised.

I am not realy asking for help with this but as I have just found the cag which is helping me through getting a refund of my bank charges.I thought this info might be of help to others.

Thanks for your thoughts on this matter.

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spent then you have been badly advised.

 

Contrary to what you have been told Judges don't like the Act of God argument & WILL mostly side with the victim. The IC's used to use that argument to deny liabilty for things such as storm damage but the courts eventualy put a stop to that.

 

In addition your claim should have been directed to the MIB which would have 1st adjudicated on liabilty & if you where not advised to do this at the outset you where badly advised.

 

I'm curious when you say legal advisors whom do you mean the guy in the pub or qualified solicitors?

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