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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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Ruthbridge - what next?


hunkydory
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Hello. Could someone just help. I take it that once the CCA has been sent off Ruthbridge have 12 working days to action this request. Once they fail to comply, what is the next thing you should do? I note they have cashed the cheque for £1 and deducted it from the amount owing but haven't provided a copy of the credit agreement or any information regarding what the alleged amount owed is in relation of.

 

Surely they are demanding money with menaces if they don't provide details of the alleged debt - if I bombarded someone with calls and letters demanding a 4 figure sum with no explaination, I'd end up in a nice police cell!?

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First NEVER talk to these "people" on the phone as they will try and get you to agree to anythin.

 

Before you even think about making any sort of acknowledgement or payment to a DCA you MUST ensure that they have the LEGAL right to collect the debt.

This is achieved by requesting a copy of the Signed, Excuted Credit Agreement via a Consumer Credit Act (CCA) request.

There is a template letter to be found here: http://www.consumeractiongroup.co.uk/forum/general-debt/20758-creditors-dcas-letter-templates.html

Letter N.

Is it important to start the letter:

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY in Big Bold letters.

 

It is best to send this request via recorded/special delivery as there are some inportant deadlines to observe.

 

After 12 WORKING days the "debt" is in default and stays that way until the request is complied with.

If a FURTHER month passes then the DCA has commited a summary criminal offence and the matter should be refered to Trading Standards for action.

 

I hope this clarifies some things.

Be VERY careful whose advice you listen too

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HD

 

As CB says don't talk to them more than you have to, if they call just tell you are disputing the debt & you have sent a CCA request & are awaiting their response followed by - put the phone down.

 

Once the 12 days has passed you need not make anymore payments as the debt has entered into dispute. You could send them a note to this effect and remind them of the following;

 

'They will be in breach of OFT Debt Collection Guidance on ‘unfair business practices’ July 2003 (updated December 2006) by not ceasing collection activity whilst investigating a reasonably queried or disputed debt'

 

Once the 30 days has passed without a properly executed agreement being produced report them to their Local Trading Standards as they will have committed an offense against the act.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Hi and thanks for this info. I never called Ruthbridge - so they don't have my phone number. Needless to say my £1 postal order was cashed and clearly taken off the alleged debt (received another threatening letter which shows this) but still no CCA. Time is ticking on towards 30 days at which point I will follow your advice and contact Trading Standards.

 

I am not worrying - if they try to file for bankruptcy, they will have to explain to the court why they have failed to abide by the law or the county court procedural rules!

 

Thanks again! And thank heavens for the CAG & BAG site!

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Hunky, remeber it's 12 WORKING days first then a FURTHER month.

Also don't approach TS until the 12+month expires and they start demanding payment again.

  • Haha 1

Be VERY careful whose advice you listen too

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After the deadline has passed [ie 12+30] write to them pointing out that the £1 was for the CCA request as they well know, not to reduce the debt. Tell them that Trading Standards are aware of this ploy by DCAS trying to avoid

their responsibilities. And oh yes-they have committed an offence.:[but don't report them yet]

Also you don't want action on your account since it may prolong the time

before the Statute of Limitations kicks in.

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  • 1 month later...

Any advice please - have received a letter from RB asking me to telephone them to discuss my complaint about their actions (ie failure to comply with CCA request etc). As if!! Should I reply to letter now or just go and complain to TS? Can I also complain about them to the OFT or someone else with clout? Thanks!

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I think my Rottweiler had the best approach - he put teethmarks in the letter when the postie delivered it!!

Any advice as to who and how to complain about Ruthbridge gratefully received!

 

Wait until the timeline runs down (12+2 working days + 31 Calender days) and then place a complaint with OFT on here

 

Consumer Direct

 

and locate their local TS and place a complaint with them.

 

http://www.tradingstandards.gov. uk/

 

You can then write them a 'bog off' letter Curly has a good one 'apparently'

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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Ruthless are persitant buggers if nothing else. They will try all sorts to try to get you to ring them including mysterious postcards telling you they have an express delivery parcel to deliver or ring xyz urgently on 12345667.

 

You have made a legal request for your CCA and sent off the £1 required. What Ruthless actually do with it is their concern because your CCA request clearly states what it is for. Let them commit the summary offence and then begin an attack on them. In addition to the formal complaint to TS you should also write to Ruthless and demand a copy of their complaints procedure. If they fail to supply you with one or fail to deal with your compllaints in a satisfactory manner then complain to the FOS who will charge THEM £400 to be investigated. Curlyben has a library of BOG OFF letters to deal with most threats and lies from the DCAs

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Well as conar is doubting.

Try them with this one:

Edit as needed

 

Re: my request under s78 of the Consumer Credit Act 1974.

 

Thank you for your recent letter sent to me dated 21st June 2007, the contents of which are noted. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter, dated 26th April 2007. Upon receipt of the original request the specified account legally entered into disputed status.

 

My request remains outstanding. An application form does not constitute a true copy of a credit agreement and that which you sent doesn't even contain all the prescribed terms and is not 'properly executed'. The statements sent do not correspond to the amount stated in your earliest correspondence and therefore they do not satisfy the requirement to supply me with a statement of account.

 

As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until 25th May 2007 to provide me with the true copy I requested. After that date you entered into default of my request. Whilst the account is in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agencies (or any third party).

 

To register information with a credit reference agency, you must have written consent from the data subject to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. Any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office.

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. You entered into a default on 25th May 2007 and subsequently committed a criminal offence on 25th June 2007.

 

Therefore you have 7 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint, otherwise your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to hold a consumer credit license in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

I would appreciate your due diligence in this matter.

 

I look forward to your reply.

 

Yours faithfully

Be VERY careful whose advice you listen too

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Well as conar is doubting.

Try them with this one:

Edit as needed

LoL - Never doubted you for a minute oh great one.

I'm not an expert so check everything I tell you, however click me scales if I've been useful.

Light travels faster than sound. This is why some people appear bright until you hear them speak.

 

There is no freemasonry like the freemasonry of Golf

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