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caroline4548

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  1. Thank you. No it was my daughter's Christmas present, we don't sell to the public. I'll get on with the MoneyClaim then. Thanks again, it's a bit daunting so I admit I was hesitating about going to court despite feeling that it wasn't fair....but with yours and aburobert's advice I'll get on with it. Will keep you updated.
  2. Hi, thanks again for your response. I'm able to provide evidence in the form of receipts etc for the items in the parcel and I already have a letter from the shop stating that the items were never received. Please see below my redacted letter before action that was sent last week. I'm ok with risking the court costs as I feel that the way that this business is being run is unethical. We have businesses ourselves and have to insure against mistakes (public, product, employer liability). Like you say, how the courier companies have got away with putting the onus on the consumer to accept this risk I don't understand. Surely this 'untouchable' philosophy allows a culture of unaccountability to develop within the workforce. Would anyone know if I could be liable for the legal costs of the respondent if I were to lose the case? That's my main concern. Managing Director Head Office Parcel2go The Cube Coe Street Bolton BL3 6BU 10th April 2017 Ref number: Claim ref: LETTER BEFORE ACTION Dear Sir/Madam, As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct. On the 31st January 2017 my parcel was dropped off at a ‘One Stop Shop’ for delivery by myHermes using Parcel2go as the intermediary company through whom the service was booked. This same parcel was collected approximately 45 minutes later by the myHermes courier. This is clearly seen on the CCTV footage from the day. It is also clearly seen that not one of the parcels that this courier collected was scanned. In fact, there is no handheld scanner to be seen. Subsequently my parcel has been lost and I am now substantially financially disadvantaged and have spent a lot of time trying to locate the parcel and find out information from parcel2go. The parcel that was lost included two Christmas presents that I was returning to the shop for my daughter. Ironically, one of them we loved but couldn’t afford so we were sending it back to ask for the cheaper version. The cost of these riding hats was £470 and £199. These were going back to the shop to be refunded. I am also out of pocket for the cost of the service that Parcel2go clearly didn’t provide. This cost was £17.32. I paid for separate insurance of £200. Due to your employee’s negligence, I am requesting that you make up the shortfall in my loss. Had I not had any insurance I would be requesting that Parcel2go paid the full amount. To be clear, I do not accept Parcel2go’s offer of £169.02. I am also requesting that the cost of the service that was not be provided to me be refunded, this is £17.32. I find that your service has been negligent and that you have not taken a reasonable amount of care with my items. This is clearly evidenced on the CCTV footage of the collection. I do not believe that it is fair that I am substantially out of pocket (and time) due to your company not following its own procedure. By failing to scan the items upon collection you have not ensured a reasonable amount of care is taken with your customers’ items. Indeed, questions should be asked of the employee who collected the parcel from the One Stop Shop as to why the parcel wasn’t scanned and also why the parcel wasn’t scanned on arrival at the depot. Either the parcel never arrived at the depot, or your company has failed during at least two points along the procedural chain. If the former is the case, then could this be a matter for the police to investigate? At this point I am not charging you for my time. If this case continues then I will have no option but to pursue this through the small claims court. This will then incur costs to me that will be passed onto yourselves in my claim. I would be surprised if your other customers would be pleased to know that this is the way their parcels and customers are treated. I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts. I would invite you to put forward any proposals in this regard. During a web chat with you employee your terms and conditions were brought to my attention. The clause states that "If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased compensation cover for your Consignment from us". However, I find this clause in your terms and conditions to be unfair. This is saying that you can do whatever you want with a customer’s parcel and you will not be liable to provide any compensation. I believe this ‘causes a significant imbalance between the rights of the retailer and consumer to the detriment of the consumer’ as stated in the consumer rights Act 2015. In conclusion, I reject Parcel2go’s offer of £169.02 and from Parcel2go I am claiming that the full amount of the value of the goods (£470+£199) and services (£17.32), be reimbursed to me which equates to £686.32. Listed below are the documents that I wish to rely on which have already been provided to Parcel2go on your website. Receipt for hat to the value of £199 Receipt for hat to the value of £470 Letter from recipient stating that the items were not received Copy of receipt given when parcel was handed over at the ‘One Stop Shop’ This list is not exhaustive and I reserve the right to add to this as necessary. In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim. I await an acknowledgment of this letter within 14 days and a full response within 30 days of the date of this letter. Should I not receive a response to my letter within this time frame, then I anticipate that court action will be commenced with no further reference to you. Yours faithfully,
  3. Hi, thank you both for your replies-most helpful. I've only just found this website, or else I'd have definitely enquired before. My friend put me on to you after talking about this problem over the weekend. The value of the items is just under £800. I insured for £200 ( foolish I now know but I've never had a problem before) and like I said I would have taken it on the chin if I believed that all procedure had been followed but now I've found out that the parcel was never scanned this seems to me to be a gross lack of care with my parcel. The letter before action was sent last week and responded to on Thursday (so just short of a week ago). Saying that they won't offer anything more than the amount insured. The cost of postage and insurance was about £17. Many thanks for your help.
  4. In January I returned my daughter's Christmas present to the shop to be exchanged. I booked using Parcel2go and they in turn used myHermes as the courier. T he parcel was lost. My problem is this...I dropped the parcel at a drop off shop. I returned to the shop and they looked on the CCTV for me and it clearly shows my parcel being collected by the myHermes courier. The parcel was never scanned in not once. Parcel2go claim that they they have no liability due to their t's & c's. My understanding is that if the t's and c's are unreasonable then they can be held liable? They have offered me a refund to the value of the insurance that I took out (which is less than the true value). I am claiming the full value of the goods that they lost - this is purely because I know that the courier never once scanned the item. Had they followed their own procedure and still lost the item I would have accepted the insurance money. Surely they can't just do what they want with people's parcels and never be accountable? Advice please, I have sent a letter before action and they haven't moved so next stop is court action. Thanks in advance for helpful comments
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