Thanks for the summary @BankFodder The amount is correct and I appreciated for not being judgmental of that 70P. If I were not aware of this forum, I would have not gone down the right route. I have donated everything without the 70p (because that 70p is important! LOL). I know it's a very small amount hope you don't mind. Thanks for continue to help people fighting cowboys!

Sorry it has been taken so long. Myhermes changed the date once and I just had my mediation yesterday. I would like to share my experience. First, the mediator asked me about the background of the case. I said I am covered under status "Contracts (Rights of Third Parties) Act 1999". I offered full amount without 8% interest. She came back with the replies from myhermes saying that I should've pursued packlink and packlink would have compensated me. (LIAR) But they are willing to pay the my offer minus 70p (paypal fee). I told her I will only settle with my original offer (no interest) and this is the last and final offer, I emphasised that I understood her time is precious and I did not want to waste more time on this matter. Furthermore, I stated I am fully prepare to bring this matter to the court to have this set as a precedent for other if I have to. She wasn't quite happy with what I said, saying that I would be wasting taxpayers' money if I refused to settle for just 70p. I said 70p is almost 10% of my claims and in my point of view they are the one who is wasting taxpayer's money. Furthermore, it is ridiculous that they wanted to lower down the offer given that it was so little to begin with. She argued I am not claiming for everyone but just myself. I repeated I am going to bring this case to the court as a precedent for everyone. However, she did mention this kind of cases will not end up in the court normally. She went back with myhermes and came back to me with that extra 70p. I mean 70p is a very little amount. But I do not want to back down. If everyone does the same, this company will continue to rip people off. Thanks @BankFodderand @Andyorch. And everyone shared their stories on this forum. The amount of my case is insignificant but people are so kind and helpful. I learnt more everytime I read more stories here.

@Manxman in exile Sorry I might have confused you and everyone reading my post. I definitely need to clarify this part. I used the term "LBA" to refer the literally meaning of Letter Before Action (any actions , e.g. My action to dispute this transaction to AMEX). Not only the action to bring a case to the court. Basically, I sent an email to the merchant in 2019 before dispute the transaction to AMEX (nothing to do with the court). And I sent an email(s) to the merchant few days ago of taking them to the court.

@Manxman in exile Thanks for asking. The LBA (regarding AMEX dispute) to the merchant I sent that back 2019, and the chargeback with AMEX was unsuccessful. This time I sent a LBA (regarding small claim court) on 22 May, in fact, I sent another email (24 May)asking about of their registered company's name and address for small claim purpose. They haven't replied me any of the emails. @dx100uk Thanks for dropping this information. Hopefully I will be able to use utilise this (if I am lucky enough, fingers crossed). If not, this will definitely beneficial to people like me.

Yes you're right... I thought "I knew it all"... I gave them seven days because this is not the first time I sent this kind of "LBA" to them, I sent one before for Amex dispute. So I mentioned as "this is not an old case I am going to give you 7 days".... Nevertheless, I guess I will give them 21 days now. Thanks for putting me on the right path

@BankFodder Thanks for the remainder! Yes I will notify FOS before submitting the case. I have submitted my version of LBA on 22 May.

@BankFodder @dx100uk Thanks for the advise! I have already sent them a LBA and I mentioned 7 days... Sorry now back to my previous questions, which "company" name should I put as the defendant of the case? Futhermore, I cannot draft my case on MCOL due to the Scotland post code, do I need to submit the case by post? TIA. p.s. Japanese whiskies are so over priced....... p.s. oh I imagine I have to wait 21 days even I put 7 days on my letter right

@BankFodder Yes, they only wanted the photo with necks for refund. We could not provide as we have cleaned up the box once we had taken enough photos (of the mess inside). Our bad anyway. We did not expect the merchant would request us to dip our hands into that mess.

@BankFodder That's a good question. We simply got nothing to return apart of that dented bottle. (and we should've returned in fact) The merchant insisted for photos rather than returning anything.

Thanks for valuable comments guys. @BankFodder @dx100uk @Andyorch Sorry it took me sometime to dig up the whole incident to refresh my memories. I truly appreciated the inputs they are extremely helpful. They are opener of my dead-end(s). It is a £1267.80 refund (3 bottles) of the whole order ( 5 bottles) Yes, the merchant refused a refund of a picture of 3 bottles' neck and I could not provide. ( Amex took this and rejected my chargeback) I did not contact DPD ( not DHL, sorry, poor memory) because... I did not think I have the right to claim ... I thought It would be more straightforward for the merchant to escalate with the delivery company.... learnt my lesson the incident happened on 1 July 2019 ( not April 2019, again, so sorry) DPD 01072019-1-compressed.pdf Emails exchanged with merchant and invoice email with merchant-1.pdf

Furthermore, it was delivered by DHL but I haven't contacted them at all regarding the delivery (Apr 2019).

I am going to stick this post in here as this is another very helpful post. Notes to myself

Thanks dx100uk, Yes, these are the websites I have also hyperlink in my last message. The company names are not matching. They also listed on google map. Oh no, when I look at the Scotland court it says "Simple Procedure" by default I thought that would be kinda easy....

Thanks for the input guys. really appreciated. After a few researches, I think it would probably be more reasonable to escalate the matter in Scotland court rather than England court. (the complexity and it seems more enforceable on imposing liabilities on the defendant... I THINK) However, the name of the online shop doesn't match with the registered company showing on gov website by searching the same address. (same owner) Although I have emailed the shop regarding this matter. The online shop has the tendency not to reply problematic emails. Is there a way I can relate the registered company on gov to the online shop? TIA.

The defence from Hermes Parcelnet Limited, TIA Adobe Scan 23 May 2021.pdf

This is definite not a secret. the purchase is from old and rare whisky in Scotland. The story is very long. We have been in dispute since April 2019, I paid with Amex and Amex refused to chargeback. (due to the fact that I have sent the merchant all the photos when the parcel arrived in wet and soggy contains, and with the proof of third party email. the building management emailed us with photos when it arrived with a soggy bottom box, we binned the broken glass and emailed the merchant, they insisted to have the bottle necks photo for refund) Then I escalated to Financial Ombudsman Service, and we are still waiting for their response. I could find the address of website, however, when I check on company house it shows a different name (similar name which is also named "whisky something").

Hi, I bought a few Japanese whiskies from an online shop in Scotland, long story short, the parcel arrived with damaged bottles and the company refused to refund. Just started to fill in the form in MCOL, and realised "Defendant Postcode must be in England or Wales." I remember I read it somewhere in the forum (before Brexit) saying that dispute in EU can bring into England court. Just want to confirm if I can bring defendant in Scotland in England court too. Secondly, when I tried to search the company on gov website. The company name on the website doesn't show up in the gov website. Can I still put the website company name on the claim form? TIA

Received the defence from Hermes via court post on wednesday. Just filled in DQ and opt for meditation going to post it tomorrow This is a link I found it very helpful, decided to stick it here as a note for myself

Thanks so much guys

I have received the "acknowledgement of service" today, do I need to response to this letter? Thanks.

As of today, I submitted the claim. This is for my own record.

Sorry I am a bit confused. I have attached Paypal invoice trying to clear the misunderstanding but seems like that did not addressing your questions. Basically, Paypal pocket the fees and the seller has to bear the loss. When I refund the buyer, Paypal keeps the fee, I still have to refund the full amount. In my case, I received £7.39 and I refunded £8.09 to the buyer. £3.10 was what I charged the buyer for the shipping plus insurance plus packaging. The Net shipping fee paid to Packlink is £1.45 including insurance (up to £25). Am I answering your questions or you are looking for something else? Thanks.

Thanks for the response. When I refund the buyer, Paypal keeps the fee. In this case is £0.7. On the other hand, Packaging + shipping + insurance is £3.1. (I have attached the Paypal invoice) I mentioned £9.09 instead of £8.79 in both of my LBAs, do I need to send myHermes the third LBA as I put the wrong claim amount previously? Or I can go straight to MCOL? Screenshot 2021-04-07 at 15.55.55.pdf

Sorry for the late updates. I sent two LBAs, but I forgot to mention about "bringing you to the court after 14 days" in the first LBA. Therefore, I emailed another LBA with the important sentence. Clearly, they replied with the same content as they replied to my first LBA. Today is the 15th day after my 2nd LBA. However, I realised the amount that I put in the LBAs was not correct - £9.09 instead of £8.79 and forgot to mention the fee charged by Paypal £0.70 (due to the refund). Can I still go ahead to submit a claim through small claim or I need to send another LBA again? I have also drafted my "particulars of claim" and there are few questions. Do you mind to have a quick look? Many thanks My LBA 22/03/2021 01.27 AM, Myhermes reply 22/03/2021 02.23 PM Particulars of claim - I have changed the amount from £9.09 to £8.79.

Current situation: contacted myhermes website's robot talk about the parcel and waiting for their email response. Thanks @BankFodder I understand that if I were going to pursue under contract law, £4.99 would be the amount that I am entitled for compensate. How about if I were going to pursue this matter under tort - negligence? Would this allow me to pursue them according the true value of the items?