How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Aaron D Your Own Question
Aaron D
Aaron D, Barrister
Category: Law
Satisfied Customers: 461
Experience:  LLB, BPTC
108775951
Type Your Law Question Here...
Aaron D is online now

I posted a mobile phone back to BT VIA Hermes. I took out

This answer was rated:

I posted a mobile phone back to BT VIA Hermes. I took out insurance and posted it on 30/4020. I didn’t know BT had hadn’t received until 2/6/20 when the mobile appeared on my bill and I spoke to them. I immediately rang Hermes who launched an investigation and said the
JA: Where are you? It matters because laws vary by location.
Customer: I am in Lancashire. UK
JA: What steps have you taken so far?
Customer: I SPOKE TO Hermes who admitted that it had been collected from the drop off point but had never arrived at their distribution warehouse. They said to put in a claim but rejected it as it was not done within 28 days. We did not know it was missing until 2/6/20 so could not complain before that date. I don’t understand how they can admit they have lost it but the refuse to pay. I also took up with Hermes resolver but they refused it too.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They do have a recorded message when you ring up asking to give them extra time due To a problem with some labels.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
I am happy to wait for a response

Hello, thank you for your question. My name is***** am a barrister and will assist you with this issue today.

Please be aware that this is an e-mail service rather than a live chat. Sometimes there will be some delay between responses but I will try to reply as soon as possible.

The 28 days is an internal policy. You may bring a claim against a company for breach of contract/ negligence at any point within 6 years.

You can issue a Small Claims case against them if they refuse to pay you for your loss.

It is always best practice to send a formal letter before action before you issue a claim. This is a formal letter whereby you tell the other side that if they don't pay you within 14 days the money they owe you, you will issue a claim. You can find some help on completing a letter before action here: https://www.which.co.uk/consumer-rights/letter/letter-before-small-claims-court-claim. I'd like to think that just this letter might "kick them into action". You'll probably find that you will get some resolution within the 14 days meaning you don't have to go to the extent of issuing a claim.

You can start a Small Claim by just filling in an online form. You can find this here: https://www.gov.uk/make-court-claim-for-money.

In terms of the fees involved, this depends on the sum you are claiming, you can find a list here: https://www.gov.uk/make-court-claim-for-money/court-fees. If it goes all the way to trial then there is also a hearing fee to pay which is a similar amount.

Assuming you "win" the case, you can claim back those fees from the other side though.

I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

I will remain available for any follow-up questions.

Customer: replied 11 days ago.
Thank you for your help. They have a £300 limit on their insurance although I thought when we took out the insurance it was for £300 to £700. What amount can I claim? The full cost of the iPhone is around £700. Thank you

You can still claim for the whole sum if that is what you lost.

Aaron D, Barrister
Category: Law
Satisfied Customers: 461
Experience: LLB, BPTC
Aaron D and 3 other Law Specialists are ready to help you