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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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yvonne125 vs halifax


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hi all. firstly great site and very helpful. i hand delivered my dpa to my branch today paid the fee and got a receipt from them eventially. will keep you up dated. i hope ive posted this correctly im not very good on the pc

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Hi yvonne125 and welcome.

Keep up the good work! :D

Nemo me impune lacessit!

The hours of folly are measured by the clock; but of wisdom, no clock can measure.

As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

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Welcome aboard.

 

Now that you've sent your DPA request, spend as much time as you can reading the FAQ section and also the forums - especially other posts in the Halifax forum.

 

Best of luck

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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thanks jonni2bad. ive already gone through the faqs and looked at the letter templates before i proceeded i wanted to make sure i knew what i had to do before i started. its also great to know though that there are so many people here to help and give advice when needed. all i can say is a big thank you for this site it has been very helpful already

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  • 3 weeks later...

hi all. thought id give a bit of an update so far i have received 3 letters (all the same) saying that they are dealing with my request for transaction and chargess and that duplicate statements will be sent. maybe they think that if they keep sending me these letters it will buy them more time.... Wrong! anyway will let you know when i finally receive my statements

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Good stuff - keep at 'em

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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  • 2 weeks later...

quick update halifax still havent sent my statements sent them a letter stating only 7 days left of the 40 see what happens now. also went into my local branch to cancel a chq and they wanted to charge me 7.50 what a rip off obviously they didnt get it. told them i would remove the money which they replied that i would be charged 39.00 my reply was " thats ok i will get it back anyway" lol. will keep you updated

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There's no harm at the moment in checking with Customer Services in the request is being dealt with. Remind them of the timescale and their duty and that failure to comply will result in a complaint to the IC

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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received a letter today saying that they are sorry that i have not had a full response to my concerns (i asked for list of charges) and that they will be dealt with as quickly as possible. this letter was from leeds signed by phil giaramita review manager the previous one was from trinity road. has anybody else had this

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  • 2 weeks later...

its now been 43 days and no statements! just finished writing a letter threatening to take them to court if i dont receive the statements within the next 7 days.i've got a feeling that i still wont have them so probably go to court. great fun anyway will keep you updated

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Poor folks - they must be overworked!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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quick update. i got annoyed and rang them 2day i ended up speaking to Helen in customer complaints dept. apparently the dpa department have been inundated with requests and are behind sending statements out and that she is making a decision with regards a refund of charges with the information she has on my acc due to my request of a refund (i havent asked for a refund yet as i dont know how much the charges are) but shes still in the proccess of doing this and i will know their decision by 11th Aug. how can they decide anything when i havent requsted a refund????????

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Because they are panicking!

 

Pay no attention to it, unless of course the statements arrive and your total is paid in full....

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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well i rang them 2day spoke to a very nice man Mark Kellett (01422 332991 direct line) full of apologise and sending my statements today recorded delivery should have them no later than thurs and if i want any help with them to give him a ring. well i'll let you know if i get them and well see if he really is that helpful!

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help! ive received my statements and worked how much halifax have taken my question is that with regards to the schedule of charges do i just list them or is there a template for this sorry to be a pain ive looked but cant find anything. any help greatly received

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  • 3 weeks later...
... the schedule of charges do i just list them or is there a template ....

 

Did you get this sorted? There are examples of spreadsheets in the Template Library.

 

If you have not sent something like this already, get on off asap.

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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cool. well done then!

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Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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up date time. received a letter today from laura clarke with a list of charges apologising that it took so long and that it was inexcusable (yeah yeah). and that she was sorry that i was unhappy with their offer of 35.00 and has now offered 325.00 which i have just done aletter refusing as full and final but would accept as part and that the lba runs out on 21st sept and if i havent received a full refund then will start court proceedings on the 22nd. will let you know what happens

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  • 2 weeks later...
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