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    • Okay thanks for this. The next step will be that they will file their defence. They probably do it at the very last moment just when you think that they are going to miss the deadline. The defence will be the usual load of rubbish – but we would like you to post up here in PDF format anyway when you get it. In the meantime – as usual please make sure that you read all of the stories on this Hermes sub- forum – and also the mediation stories because they will be very useful to you.
    • You come to this forum because you want to get your money back from Hermes – and we will help you. However it's not a question of finding the best company to "slam them". This is something that you will do yourself with our close help and support. If you read around the Hermes stories on the sub- forum then you will understand how it all works. You will have to put in a fair bit of reading in order to understand the principles, the steps, the arguments which Hermes will make in order to try and defeat you. I understand that Hermes of mostly is quite a lot of your parcels. It will be very helpful if you could list them out. I think maybe if you could copy a spreadsheet into a post with three columns – date sent, contents of parcel, value of parcel – and in fact the fourth column confirming that the value and also the contents were correctly declared. Read up also the steps involved taking a small claim in the County Court. I'd like to see the list that you have but I don't think we will go ahead and sue for all of them. I think we will cherry pick and maybe sue for a couple of them – especially if they were sent on the same date and then when it comes to the mediation – as it surely will, you will explain to the mediator that you're giving Hermes an opportunity to settle the rest of them in order to avoid further legal action which they can be absolutely sure will definitely follow. You will find subsequent legal actions much easier because you will of gone through it once or twice already. If you are happy to go this route then you will find that you will acquire some very useful transferable skills which will make you confident about suing anybody else who gets in your way in the future. There's nothing here not to like.
    • quick update: I received a letter on the 4th of May, stating that Hermes have filed an acknowledgement of service. It goes on to say that they now have a total number of 28 days from the date of service of the claim to file a response.
    • Okay make sure that you understand the steps involved in taking a small claim in the County Court. Make sure that you are comfortable with the procedure. Draft a letter of claim and post it here. Letter of claim should simply give them 14 days to produce the new unit to you or else you will sue them. Point out that if you have to sue them that you will also claim for the storage fees of a useless cooker which has been declared as irreparable by the engineer. Do you have anything in writing that confirms that it is irreparable? If you do then you should enclose a copy of this with the letter of claim.
  • Our picks

    • 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
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
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Smackbat v Smile take 3!


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Hi All,

 

Just filed my 3rd claim against smile today, they never learn do they! Ha ha ha.

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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  • 3 weeks later...

Well I filed my claim and smile have acknowledged the claim, in the mean time however there has been a bit of to-ing and fro-ing over the secure message system. It goes a little something like this (read from the bottom up for the true picture.

 

"Hello Chris,

This is the first time that Smile have mentioned that I have had refunded more than was previously claimed. Looking at my account I can see that I was refunded £85 on 26/09/06. This payment was made after I filed my original claim at the court house, so was therefore not taken into consideration. On settlement of the claim, Smile decided to pay back £4,429.28, despite the earlier payment of £85. I took this as Smile's decission to do so, had I been offered £4,344.28 I would have accepted in light of the earlier payment.

I can see that I was again charged £25 on 12/06/07 and will again be charged a further £20 on 21/06/07. As these charges do not make up part of my current claim, and I will most likely be charged further charges in the future. I will be happy to discuss the final settlement figure in court.

Regards

Smackbat

Hello Smackbat

 

As previously mentioned, you have been refunded morew than you have been charged. As such no more refunds will be applied to your account.

 

If you wish to take this further please address all further correspondence to.

 

Vivian Calderbank

19th Floor

Miller Street

Manchester

M60 4AL

 

Regards

 

Chris

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 04/06/2007

Subject : Manager

 

Chris,

 

The charges I am claiming for were made on 13/02/07, 11/04/07, 19/04/07, 20/04/07 and 23/04/07 as stated in my letter dated 25/04/07.

 

Therefore I am to continue with my claim.

 

Regards

Smackbat

Message From Bank

-----------------------------------------------

Operator ID : CHOPKI

Date : 04/06/2007

Subject : Manager

 

Hello Smackbat

 

The refunds applied to your account were on 10-10-2006, 03-10-2006, 26-09-2006.

 

Regards

 

Chris

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 04/06/2007

Subject : Manager

 

Hello Jackie,

 

Please advise on what date the charges were refunded to my account. I have had a look at the account and can not see any refund.

 

Rgds

Smackbat

 

Message From Bank

-----------------------------------------------

Operator ID : JBURGA

Date : 01/06/2007

Subject : Manager

 

Hello Smackbat

 

I've had a look at your account and can see that all charges have been refunded to your account.

 

Regards

 

Jackie Burgess

smile Complaints Team

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 22/05/2007

Subject : Manager

 

Dear Val McCarren,

 

Please advise why this transaction was authorised by the bank from a DEBIT account if there was not enough money to clear. I suggest that this is due to unlawful bank charges. Seeing that I have had no satisfactory resonse to my outstanding query, I have today claimed for £250 plus court costs and interest via Money Claim Online.

 

I look forward to your response

 

Yours faithfully

Smackbat

 

Message From Bank

-----------------------------------------------

Operator ID : BPSML1

Date : 21/05/2007

Subject : Account Management (debt Management)

 

Hello Smackbat

 

Even though there wasn't enough money in your account, I've had to make these payments for you:

 

Item: Delta

Reference: xxxxxxxxxxxxxxxxxx.

Amount: £xxxx

 

Our charges are in the tariff. Just visit smile.co.uk - the internet bank and select the account from the list on the left hand side, then click on 'tariff' for details of these charges.

 

Please pay enough money into your account to get back inside your limit straight away. Make sure no more money is taken from your account in the meantime.

 

Try to make sure this doesn't happen again. If it does, we may ask for your cards back and we don't want it to come to that.

 

You can call us on 0870 241 1068 to talk to us about this. We're open between 8:00am and 7:00pm Monday to Friday, and from 9:00am to 1:00pm on Saturday.

 

Thanks

 

Val McCarren

Head of Debt Management"

Anyway, needless to say I will just see if they settle or go to court. Anyone else think they'll go to court? No didn't think so.

Regards

Smackbat

 

 

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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HELP ME! I need some advice. I received a letter this morning, dated 31/05/07 - 14 days to arrive.

 

"Dear Mr Smackbat

I'm sorry that you've felt the need to write to smile about the charges applied to your account.

To ascertain the correct level of refunds to be applied to your account, I have undertaken a detailed review of all prior refunds. To my surprise I have found you have been refunded £765.00 more than you have been charged (see enclosed schedlue of charges). Taking this new information into account I'm not in a position to refund any of the charges you have mentioned.

At this stage we are required to let you know that smile will regard the complaint as closed if we do not receive a reply within 8 weeks of this response.

Blah blah blah

Chris Hopkins

smile Complaints Team"

Guess what? There was no attached schedule of charges! I've double checked my calculations and I believe I got it right.

 

I'm going to respond demanding they demonstrate to me where they think I have been overpaid. Using the schedule of charges I sent them back in 2006, can they highlight the ones that are incorrect. If they fail to do so I within 14 days, I will accept the failure to do within the specified time period as acceptance that the previous refunds were in fact correct, and I will consider this matter finished.

 

My concern is this; if I have claimed wrong back in 2006 and they paid up in error, can they reclaim this or not pay my claim of £250? Some advice would be greatly appreciated.

 

Thanks everyone

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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  • 2 weeks later...

I fired off a letter on the 21st in response to their attempt to put me off;

 

Vivian Calderbank

Head of Debt Management

Smile

19th Floor

Miller Street

Manchester

M60 4AL

21st June 2007

 

ACCOUNT NUMBER: xxxxxxxx

Dear Vivian Calderbank,

In response to a letter dated 31st May 2007 from Chris Hopkins (copy attached), which I received on 15th June 2007.

I am surprised that you have found that I have been refunded more than I have been charged previously to the tune of £765, however the enclosed schedule of charges that was referred to were not in fact enclosed. Therefore I have done my own calculations again and believe that my calculations were correct the first time.

As Smile insist I respond to you via mail and not via the secure messaging system, I am writing to reiterate my stance and that I do not consider this matter closed.

Please find below a copy of the correspondence so far in the secure messaging system that Smile are now not happy to communicate through.

“Hello Smackbat

As previously advised, if you wish to take this further please address all further correspondence to.

 

Vivian Calderbank

19th Floor

Miller Street

Manchester

M60 4AL

 

Regards

 

Pamela Eason

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 13/06/2007

Subject : Manager

 

Hello Chris,

 

This is the first time that Smile have mentioned that I have had refunded more than was previously claimed. Looking at my account I can see that I was refunded £85 on 26/09/06. This payment was made after I filed my original claim at the court house, so was therefore not taken into consideration. On settlement of the claim, Smile decided to pay back £4,429.28, despite the earlier payment of £85. I took this as Smile's decission to do so, had I been offered £4,344.28 I would have accepted in light of the earlier payment.

 

I can see that I was again charged £25 on 12/06/07 and will again be charged a further £20 on 21/06/07. As these charges do not make up part of my current claim, and I will most likely be charged further charges in the future. I will be happy to discuss the final settlement figure in court.

 

Regards

Smackbat

Message From Bank

-----------------------------------------------

Operator ID : CHOPKI

Date : 10/06/2007

Subject : Manager

 

Hello Smackbat

As previously mentioned, you have been refunded morew than you have been charged. As such no more refunds will be applied to your account.

 

If you wish to take this further please address all further correspondence to.

 

Vivian Calderbank

19th Floor

Miller Street

Manchester

M60 4AL

 

Regards

 

Chris

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 04/06/2007

Subject : Manager

 

Chris,

 

The charges I am claiming for were made on 13/02/07, 11/04/07, 19/04/07, 20/04/07 and 23/04/07 as stated in my letter dated 25/04/07.

 

Therefore I am to continue with my claim.

 

Regards

Smackbat

Message From Bank

-----------------------------------------------

Operator ID : CHOPKI

Date : 04/06/2007

Subject : Manager

 

Hello Smackbat

 

The refunds applied to your account were on 10-10-2006, 03-10-2006, 26-09-2006.

 

Regards

 

Chris

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 04/06/2007

Subject : Manager

 

Hello Jackie,

 

Please advise on what date the charges were refunded to my account. I have had a look at the account and can not see any refund.

 

Rgds

Smackbat

Message From Bank

-----------------------------------------------

Operator ID : JBURGA

Date : 01/06/2007

Subject : Manager

 

Hello Smackbat

 

I've had a look at your account and can see that all charges have been refunded to your account.

 

Regards

 

Jackie Burgess

smile Complaints Team

 

Message Sent to Bank

-----------------------------------------------

To : BANK

Date : 22/05/2007

Subject : Manager

 

Dear Val McCarren,

 

Please advise why this transaction was authorised by the bank from a DEBIT account if there was not enough money to clear. I suggest that this is due to unlawful bank charges. Seeing that I have had no satisfactory resonse to my outstanding query, I have today claimed for £250 plus court costs and interest via Money Claim Online.

 

I look forward to your response

 

Yours faithfully

Smackbat

 

Message From Bank

-----------------------------------------------

Operator ID : BPSML1

Date : 21/05/2007

Subject : Account Management (debt Management)

 

Hello Smackbat

 

Even though there wasn't enough money in your account, I've had to make these payments for you:

 

Item: Delta

Reference: http://WWW.FLOWERSDIRECT.

Amount: £36.29

 

Our charges are in the tariff. Just visit smile.co.uk - the internet bank and select the account from the list on the left hand side, then click on 'tariff' for details of these charges.

 

Please pay enough money into your account to get back inside your limit straight away. Make sure no more money is taken from your account in the meantime.

 

Try to make sure this doesn't happen again. If it does, we may ask for your cards back and we don't want it to come to that.

 

You can call us on 0870 241 1068 to talk to us about this. We're open between 8:00am and 7:00pm Monday to Friday, and from 9:00am to 1:00pm on Saturday.

 

Thanks

 

Val McCarren

Head of Debt Management”

Yours faithfully,

Smackbat

 

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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Having checked my account today, I have received a mysterious credit to the sum of £120! Is this an attempt by Smile to put me off the scent?

 

Well they haven't filed a defence, and I've no idea if this £120 is from them or not. So I've sent them a secure message to remind them that they owe me £280 by midnight tonight or I shall file a default judgement against them!

 

"FAO Val McClarren, Head of Debt Management.

I know I have been advised to write to you via snail mail, however this secure message will have to surfice in light of the time constraints involved.

Toady is the 28th day after claim 7QZ77168 was filed in the Northampton County Court against smile for £280.

I have today noted that a credit of £120 was credited to my account over the weekend, however as I have no communication from yourselves I am unsure what this is for, I am assuming this is from yourselves in order to resolve the outstanding claim. Please can you confirm this?

Needless to say my claim was for £280, therefore if I am not in receipt of this full amount by midnight tonight, or smile do not enter a defense, I will be filing a default judgement against smile tomorrow.

Yours faithfully

Smackbat"

Come on smile, pull your fingers out and sort this out.

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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Ha Ha Ha, Strike Three And You Are Out!!!!!

 

Smile Have Today Paid The Full £280 Into My Account. Another Victory For The Mortal Consumer!!

<(o.o)> Smackbat

 

:) Smile.co.uk - £4,400 WON 12/10/06

:)Smile.co.uk - £156 WON Feb 07

:)Smile.co.uk - £280 WON 25/06/07

:mad: Egg PLC - £3,420.72 - Defence filed 24/06/07

:? Alliance & Leicester - DPR Request sent

:? Woolich PLC - To Start

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