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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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Letter from Abbey re: OFT case


Destinyofsouls
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If your claim has not already been stayed the we will have written or will be writing to seek a stay. As a result, your case is likely to be put on hold until the outcome of the test case.

 

WHAT???

I thought is was the courts that decided that. I think this letter is out of order!!

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YEAH ME TOO,

I HAD ABBEYS DEFENCE LAST WEEK AND SPOKE TO MY LOCAL COURT WHO SAID THEY HAVE SENT INSTRUCTIONS FOR ME.

WHEN I ASKED ABOUT THE STAYS SHE SAID MOST ARE LIKELY TO BE STAYED BUT THE JUDGE IS LOOKING AT THE CASES INDIVIDUALLY :confused:

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I had the same letter yesterday too!

 

I think it's a ploy to get people to accept what's been offered incase Abbey end up losing the test case and they end up having to pay everybody everything back! (The letter says if you accept the offer then you're unlikely to get more at a later date - or words to that effect)

 

I've chosen to ignore the letter and take my chance in court!

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I also had the same letter this am. However I called the courts yesterday am my hearing is on 29 Aug and the judge has said it is to go ahead. Fantastic, but heard nothing from Inga and crew!! Lets see what happens next. I also had Abbeys new terms and conditions yesterday, they dont waste thier time only everyone easles!!!

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Hi there

 

I got the same letter today - and my hearing is NEXT FRIDAY!! Aaaaagh!!!! Just one more week!

 

I am only hoping that Abbey are as slow to process their stay of judgment as they are everything else. I'm really really hoping that if the stay is not in place by next Friday the hearing will go ahead.

 

They have also not sent me their evidence so technically I could ask the court to strike out the case. I will ring the court in the morning and see what I can find out.

 

Anyone spoken to the courts? Any likelihood of hearings going ahead in the next few days????

 

Also, is there any chance of requests for stays being declined? OK, I'm clutching at straws here but I really want my hearing to go ahead. :?

 

Best wishes all,

x

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I have received same letter today and feel such injustice as it suits the banks well as opposed to me, woman on the street - where is the equality?

 

My court order issued June 4th said 'A party wishing to make an application ( to have order set aside, varied or stayed) must do so within seven days of the service of this order

 

So how can Abbey seek a stay now of my legal claim? Salford said the hearing was going ahead a few days ago and I have heard nothing.

 

Also the bit in the Abbey letter about offer... 'provided you have not rejected that offer...it still stands and will be honoured'

 

If recipients of this letter had accepted earlier offers then their cases would be settled and hence no need for this letter! We are obviously at the court stage because offers have not been accepted.

 

They are aware cases will be going ahead as they say ' your case is likely to be put on hold' which means cases are still going ahead. What legal right have they got to request stays after the allocated time in directions. I don't know the answer to this but I doubt I would get the same treatment. I go on holiday on Saturday for a fortnight so all I can do is wait some more...been waiting since November 06

 

Frankey absolutely fuming

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Hello Boris Becca!

 

We posted at the same time so I didn't get chance to read yours first.

 

When you rang the court yesterday did they say that the Abbey had requested a stay but your hearing was going ahead anyway?

 

I so hope so.....

 

Very best of luck,

 

MOB

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i feel for both of you.. i am in court at 12 o'clock tomorrow.. i also got the letter today - i rang the court and they said to turn up for the case as there is no 'blanket' stay.. so as such, its business as usual!

i have read a few threads yesterday and today where abbey have sent a barrister to apply for a stay.. i sure this doesnt happen to me! although im prepared with a document, asking for the stay not to be granted.

fingers crossed for you all.. its what we have been fighting for.. and it seems all too real!

marmite x

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good luck marmite girl, egerly await what happens for you. hope its all good for you. Let us know tomorrow if you can bear it, where did you hear of these barristers turning up. id like to read about it!?

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I also received the same letter yesterday. I phoned the court this morning and was told that the hearing was still on for 17th September. Abbey have until Sunday, 12th to send me their bundle. If I haven't received it by then, I'm off down the court first thing Monday to seek a judgement, unless of-course it's one law for Abbey and another one for me. It certainly feels that way sometimes.

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Hi All

I also received this letter from Abbey today. They state the OFT test case is for in their own words "UNAUTHORISED OVERDRAFT BANK CHARGES" I have done a breakdown of my claim which is also at court stage and I found that less than 10% of my claim represents unauthorised overdraft bank charges. The other 90% was for clearing transaction charges and unpaid item fees. Can anybody tell me why they should be able to stay a case when less than 10% as in my case relates to the unauthorised charges.

 

What do you all think am I right that not all the claim is under the Tesy Case!!

DS

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Hello all

 

Good point Dsilverstein they don't mention the direct debit, standing order or bounced cheque charges which make up most of the claim. Hmm.

 

I rang the court this morning asking how long it would take for the bank's request to stay to be granted and the lady said it would go into a box to be seen by the judge and it could take days for it to be granted and they haven't received an application for my case yet. Good news for those of us with cases within the next week then if the Abbey haven't even applied yet.

 

She said unless you hear anything from the court, assume everything is going ahead as normal.

 

(not sure what is normal these days???????? :rolleyes::) )

 

MOB

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I dont have a court date yet and dont know what court it will be. Abbey were sent my claim (through MCOL) on 20th July and they acknowledged it on 27th July. I have now been sent the same letter as the rest of you.

 

Seeing as I dont yet have a court date, will this mean I dont get one and have to wait now?

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Got the same letter from Abbey about requesting a stay today.

 

Phoned Rotherham court and my case ( as I think are all theirs) has indeed been stayed!

 

Started this way back in January and my court date was next Friday. Sooo close!

 

You could say I'm ****ed off to put it mildly.

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