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bankoff

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Everything posted by bankoff

  1. bankoff
    It just says an acknowledgement has been received and defendant has 28 days to submit Defence.
  2. bankoff
    Yes, for all of it.
  3. bankoff
    Response received, need to pm, but mailbox full.
  4. bankoff
    Hi all The deed is done,,,,,,,,,,,,
  5. bankoff
    Hi again Thank you all for your thoughts and experiences. I think the third party now realises it would not have been so bad to go with the media on this one. However, he is at least willing to go to court, which I think may be a first. Can one of you point me in the direction of the interest calculating spreadsheet, I seem to have lost mine as it was some time ago that I used it. If it is in the Library, then can you tell me what to do to register as a user of the Library. Many thanks
  6. bankoff
    Hello BankFodder Many thanks for your help on this one, the customer is not very good at wording, but I have seen all the correspondence and chat transcripts. What you say is very good, and we shall use it. We shall be getting it done tomorrow morning, then its just a case of wait and see. Thank you again
  7. bankoff
    Hi BankFodder We are now in the process of doing the claim, would really like some help with the wording, I know it must be brief. To start with in the particulars of claim "You are required to give details of your claim in,,,,,,,,,,,,,,,,,,,, If you wish, ,,,,,,,,,,,,,,,,, if you need to do this, please tick here Do we tick this box? They know what our particulars are, In the short statement box I wish to Claim for the full value of a parcel sent through the Hermes Delivery system as they have failed in their duty of care to me a Customer under the following: SCHEDULE 2, CONSUMER CONTRACT TERMS WHICH MAY BE REGARDED AS UNFAIR PART 1, LIST OF TERMS 2 A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader. 3 A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader’s will alone. Hermes have been negligent with my item in their care, On ,,,,,, October 15, a parcel was sent by Hermes to XXXXXXXXXXXXXXXXXXXX. Shortly after this one of Hermes Agents contacted me to ask for further payment as the parcel was overweight. This was paid immediately. This proves the parcel was within the Hermes sysem. On ,,,,, November I contacted Hermes to enquire where the parcel was, Hermes stated they would investigate. Three days passed so I contacted them again, and I was then told the parcel was lost. I require Hermes to state where the parcel disappeared, was it with Hermes or was it with an outside Contractor. A transcript from a Hermes employee stated that a full refund would be made. If the item was with an outside Contractor, was the contractor fully covered by Insurance? Just some thoughts, please help, want this to go off by tomorrow,,,,,,,,,
  8. bankoff
    Thank you for this, we could well use some support with the correct wording. Nothing heard as yet, will let you know if there is. I checked on the Recorded Delivery, it was signed for on Monday 14th, so when would be the best time to go with the claim if nothing received back? Giving them 14 days from 14th puts us somewhere between Christmas and New Year.
  9. bankoff
    Hi all Will speak to customer again, in the hope he will consider speaking to them. I believe from the look of the letter that the quote from their terms and conditions will be what they will use for their Defence. It looks very unfair to me that they hide behind a third party. Will let you know if there are any more developments. Thank you again
  10. bankoff
    Hi Attached scan of Apology letter which was sent to customer, private bits blanked out, for info mainly as it must have crossed over with the 14 day one that was sent. I hope you can see it ok. Nothing heard as yet, but we expect them to ignore it. But they cannot be complacent as claim could go in during the festive seasons, how nice for them,,,,,,,,,,,,,,,,,
  11. bankoff
    Hi Thanks all, have now sorted this out. Corrected letter gone off today, watch this space
  12. bankoff
    Hi All A development, the customer has now received the extra postage charge and admin fee, which amounts to less than £5. They really are having a laugh, hence customer, has had to adjust letter and re-date for tomorrow, but, he is even more mad about it than ever. Interested in media, can you contact me by private email. Maybe i cannot access admin as I am using an iPad, so probably not the full version of CAG. However I will try again.
  13. bankoff
    Hello BankFodder I cannot get to the Admin address, tell me how
  14. bankoff
    Hi Ladyluck Andy is absolutely right about this, all of it. There is one thing that may not have been mentioned. Most of these Service Charge claims which are sent to County Court tend to be transferred to a First Tier Tribunal, especially if they are disputed, you must set about disputing this and with luck any court claim will be transferred. Sorry Andy to butt in,,,,, nice to see you are still helping, you helped me once with lots of information.
  15. bankoff
    Hi Silverfox I know how busy he is, do you remember the good old days of beginning of Bank Charges, I was very busy on here getting my brother out of bankruptcy, he had about £18000 worth of charges from various CCards and Lloyds, it was really good fun watching the banks squirm. I knew BankFodder would have the answer to this one, and the person involved will go ahead. When you have lost £300 of goods it is not funny. I do hope this goes forward and that many other people on here who have been treated the same, will also go ahead and make a claim. Will let you all know how it goes, letter being posted today, direct to the Customer Services Manager.
  16. bankoff
    Hi BankFodder Thank you, very good of you to look this one over, shall make the changes, and will follow advice on giving a few extra days. Will keep you all posted on the result.
  17. bankoff
    Hi Bankoff Here it is, plain and simple as instructed. "To Name and address of Company Name & Address of Customer 9th December 2015 Letter before Action Dear Sirs Reference Number of Parcel and value On (date parcel paid for and sent) you contracted to transport my parcel and to deliver it to (insert address of recipient). In breach of the contract you have failed to do this as you have since informed me that the parcel is lost. The contents of the parcel were (insert contents) and I enclose documentary evidence of the value of the parcel. I require repayment of that sum in full and the wasted delivery fee, which amounts to (insert total amount). The sum of £31.79 already reimbursed by you to be deducted. If I do not receive reimbursement in full within 14 days then I shall begin a Small Claim in the County Court to recover the money, plus interest and without any further notice. Yours faithfully (Signature of Customer)"
  18. bankoff
    Hi Again Am doing the LBA now, will post when done. What I have since discovered is that they have already been given 14 days to return the parcel or pay the full value, which runs out tomorrow, nothing heard yet, but do not expect anything. So to keep within the already given 14 days, we need to send the letter tomorrow. There was no court action threatened in the email, so here we go. Back later with letter
  19. bankoff
    Hi The customer weighed the parcel at 4.8. The customer tracked the parcel to the recipients local depot, which was where they held it because of the weight. They emailed to say that the weight was 5.7 and there would be a further charge. This further charge was sent by invoice through PayPal. It was then paid by the customer. There was a receipt for the payment. Have 3 emails to verify all this.
  20. bankoff
    Hi Bank Fodder Full evidence of the price of the item through eBay selling price. It was second hand. Parcel well wrapped with return address inside. The weight was over by .7 of a kilo, the box was heavier than anticipated. H must have weighed it and then demanded more postage, which was paid straight away, so they definitely had the parcel in their warehouse or somewhere similar. It is interesting to note that they have removed all trace of the parcel from their system. Bankoff
  21. bankoff
    Hi These are the very terms and conditions and not only are they hiding behind an enforced insurance, which also covers their staff, so please can you help with the letter. We are willing to take this further, Thank you all for hrlping
  22. bankoff
    Hi Thank you both for your advice, what I need now is some help to put together the correctly worded letter, as the friend is anxious to get it started as soon as possible, so they know it is not going to go away. They do have a tracking system, so maybe this can prove that the item is still with Hermes, thus proving that they have been negligent with the item. I do not seem to be able to gain access to any templates now, as I have not posted on here for several years. I would like to use all of the suggestions, especially the one about the insurance, and the fact that they have brought in a third party (insurance company). I have read some of their terms and conditions, that have even covered their staff against the customer taking any action. Any help we would be grateful
  23. bankoff
    Hi BankFodder Many thanks, you are absolutely right, they have got away with it for too long. I have an account with H so can look up this information and maybe copy here. Have had some dealings with small claims, and do not find it difficult, but will get the friend to research it himself. He feels really angry that they actually said they would pay for the item at what it was sold for on ebay. The copied chat is going to be good evidence of their promises to pay what the item was worth. We also think they are unlikely to want the bad publicity. Thanks again
  24. bankoff
    I am posting this on behalf of a friend, who sent a valuable piece of sports equipment through Hermes. Firstly he failed to pay extra for insurance as he did not see it at the time. He also made the classic mistake of not checking the weight thoroughly. It was just over 5 kgs. A case was opened on 2nd November when the parcel failed to arrive. The case was supposed to be actioned within 24 hours. On 5th November customer contacted Hermes chat with one of their agents, who informed him that the parcel was lost. Hermes promised to send out a Lost Claim Form. Customer informed Hermes that he was told by them that the parcel went to one of the warehouses, then informed him that he had to pay and extra £4.80, which was paid straight away. Customer then asked how much he would be getting for the lost item, and he was told he would get the selling price and postage. THIS IS ALL VERIFIED IN A COPIED TO EMAIL CHAT WITH THE AGENT. Customer filled out the claim form and waited for the customary 14 days. On the 23rd November and email arrived from Hermes, stating the following: "We are please to confirm that we have today accepted and processed payment for your claim of £31.79. As the item value exceeded the maximum compensation level you selected for this parcel, the claim value has been calculated by adding together the maximum compensation level with the postage value." This was not what his claim was for (it was for over £300, they lost the parcel). This may be negligent on their part to lose the parcel somewhere on their own premises, surely you do not insure a parcel against its disappearance from the delivery company's warehouse. You insure it against damage. It is the intention of the customer to take Hermes to court, we are looking here for some help with a "Letter before Action" and wish to quote from Schedule 2, Terms 2 and 3. Has anyone else tried this avenue with Hermes, and do you really think they would go through the cost of attending a court hearing? Surely they have a duty of care to their customers to make sure that they do not lose parcels on their own premises. Thank you in anticipation of any help that you can give. Bankoff
  25. bankoff
    Hi Cielco We have been caught out by this Hermes Company, usual thing parcel disappears, no trace of it, cannot send it back. We have a theory, that as it was an expensive Kite for kitesurfing, then anyone could have had it. I feel that if they cannot find it, and they will not cover the cost, (son's friend did not notice the insurance bit), then they have failed Schedule 2, Term 2 and 3 of the new Consumer Contract Terms "2. A term which has the object of effect of inapproprtiately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader." "3. A term which has the object of effect of making an agreement binding on the con sumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader's will alone." Some help with a good letter from maybe Bank Fodder would be needed here,,,,,,,,,,,, I am willing to give it a go, and take it to court? They cannot be allowed to let this valuable items disappear without trace, maybe a court would think so too. Bankoff

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