Hermes refusing claim for Insured parcel

[IKS]

The Claim status says requested so maybe I need to wait ?

[IKS]

I meant when and which letter would I need to serve on the defendant? What do I do now that I have made the payment.

 

Thanks

[BankFodder]

I'm sorry to say but this means that you obviously haven't read around the forum and particularly concerning the steps needed to bring a small claim in the County Court.

You really should do the reading. It shouldn't fall on our shoulders to do all of the work – and all the information you need is here. If you understand the steps properly then you will be far more confident when it comes to the next stages in the journey.

However, to help you out, you don't do anything now until you receive the defence. If you don't receive an acknowledgement to your defence then you should be able to apply for judgement and about day 15. Keep an eye open on the money claim website. If you receive an acknowledgement then you may be able to file for a judgement is about day 28 to 31 – keep an eye out on the money claim website.

This gives you a lot of time to do the reading that you should be doing about the normal path that these claims take and also bringing a claim in the small claims court. You will feel much better when you are on top of it and in control

[IKS]

Sorry, my bad I got POC and service of documents going on in my mind. Thanks for pointing out to the respective links to me and thanks for your patience.

 

Regards

[IKS]

Got the defence & counter claim while I was away from the Country and have my mediation call on Tuesday 6th April at 2pm.Any suggestion on how to proceed would help.

 

That's my claim

 

The claimant used the defendant courier
company's services to send a parcel
containing jewellery, dress and bottle of
perfume value £179 to a UK address. .The delivery fee was £10

Tracking number XXXX.

The defendant has lost the parcel yet refuses  to
compensate the claimant.
The claimant seeks reimbursement of £189 plus interest pursuant to
section 69 of the County
Courts act 1984.

 

 

The defence and counterclaim:

The defence states: I have been put to strict proof as to the value of claim.

The defendant denies liability.

Some parts of the claim are admitted:i.e. claimant entered into a contract with defendant. Second sentence is admitted. Third to sixth sentence are neither admitted or denied 

 

Excluded items: The terms of contract exclude the defendant's liability as the parcel involved a parcel that we do not accept for carriage. The goods involved are prohibited or excluded items. Def. denies any compensation as contents had an excluded item. the claimant knew or ought to have known existence of  excluded items.

 

Then usual limit or liability clause:which limits the liability to 20gbp and then in the end the defendant states:

 

as the claimant did not opt to increase the level of compensation for the parcel and therefore, pursuant to the terms of the Contract the claimant is entiteled to maximum compensation in the sum of 188.96. The claimant states in the claim form that she is claiming 214gbp. However, as explained above, it is denied taht the defendant owes the claimant this amount because the parcel contained an excluded item which is exempt from compensation.

 

 

[BankFodder]

Please have a very solid read of the Hermes stories on this sub- forum. You will see that these issues have come up often.

They are attempting to rely on two points:
the perfume bottle – was glass and also contain liquid – and also contained alcohol and were therefore on the prohibited items list.
Your position here is that although these factors may well be relevant to a parcel which is damaged – but they have nothing to do with the loss of a parcel. The fact that the parcel contained any glass or liquid or alcohol did not affect the risk of the parcel being lost.
Therefore the use of the prohibited items list in respect of items which are lost as unfair term and therefore unenforceable – and if they insist on this position then you are happy to go to court and you are quite certain that a judge will pronounce that reliance on the prohibited items list to withhold compensation for items which they have lost to their negligence is unfair.
Once you have a judgement which pronounces on that point, you will make sure that it is fully circulated amongst the press and social media.

Their requirement that you insure yourself to protect yourself against their negligence or the criminality of their own employees is unfair and it is an unenforceable term. You will bring this to the attention of the judge and you will invite the judge to exercise his authority under the consumer rights act to examine the fairness or otherwise of the terms within their contract and if the judge agrees with you that it is completely unfair that you should have to insure yourself against their negligence, then you will make sure that the judgement is fully discussed in the national press and also on social media.
It is clear that it is Hermes which should take out insurance to protect themselves from claims for loss or damage. They have the greater resources and it is completely unfair to expect their customers not only to have to pay the delivery fee but then also to pay an additional fee to make sure that the delivery actually happens successfully.

Stand your ground. Don't give an inch. Hermes will try to get you at the very least a compromise on costs. You should refuse and you should tell the moderator that it's no skin off your nose you happy to go to court.

The moderator might put pressure on you and say that you should be compromising. You should refuse. You have paid your delivery fee and you shouldn't be bullied by Hermes or the mediator.
 

[IKS]

Thanks for your quick response. In fact as part of defence they have tried to mislead by not acknowledging the fact that I had paid 9.96 for delivery which included insurance up to the full amount of the parcel contents.

 

I am going through the sub forums too which is really helpful.

 

 

[BankFodder]

If they have made this mistake about insurance and this is a very serious error and so this is something which you should announce to the mediator. I should save this information to the last moment.

Make your points that the insurance requirement is completely unfair. Wait and see if Hermes come back to you with an offer – which is likely to be an offer to pay the value of your parcel but without the court costs. Then drop the news on the mediator that in fact they have misled everybody because you paid insurance and you have got evidence for that and that you will provide the evidence to the judge if Hermes really want to take it that far.

However, you should really play up the fact that these are unfair and unenforceable contractual terms.

If you want you can also tell mediator that Hermes are idiots and you will make sure that the judge knows that this as well