Hi, before Christmas I sent a laptop through Parcel2Go.

I did not buy insurance because I usually think it's a waste of time dealing with claims if something goes wrong

- and it has never gone wrong.

Until now.

They lost the parcel which I had to open a claim for, after which they found the parcel to my relief.

Hermes who was the carrier,

then tried to attempt delivery to the recipient and found that they were out

(I have been in communication with the person I sold the laptop to the whole time).

Hermes left a note ( I have a picture of this note) saying it was unsafe to leave the parcel anywhere - IE. the front garden .

On the second delivery attempt,

Hermes decided to leave it in the front garden ( I had to penetrate through Parcel2Go's chat system to gleam this information, as they did not leave a note this time!) of the recipient which happens to be in a dodgy London area on a main street (my recipient tells me, and sends me a photo too).

The parcel goes missing, and I've had to refund my buyer for £240.

I have already sent a 'Signed For' letter before action via Royal Mail to Parcel2Go and am counting down the 14 days.

I would just like a bit of advice on what sort of grounds I have to go against them

- I know that they have broken the contract by not delivering the parcel.

And if it goes as far as court - some idea of what I need to go into court - ie an argument etc..

You've already got your arguments.

They, on first delivery, concluded that it was unsafe to leave the parcel but on 2nd , did.

You have photos, proof and I assume copy of the online chat you had

Start reading up on this sub- forum about similar problems with this company and other delivery companies.

The main issue is that you have failed to insure or that you have underinsured and when you try to make your claim this is what Parcel2go will try to use in order to defeat your claim.

The issue is that you pay a certain amount of money to the courier company in order to perform a certain task. They failed to carry out the task and they then turned to you and they say yes but you didn't purchase an insurance to protect against failure therefore you not covered. Therefore the only thing they will return to you is the delivery fee.

This is a bit like going into a restaurant and buying a meal and then being told that you have to pay extra if you want it delivered on time or if you want it hot et cetera.

This has been an interesting problem that has been going on for a long time. The delivery industry have managed to establish a culture of avoiding responsibility for the failure by them to carry out their contractual obligations unless you pay something extra for that. It's complete nonsense of course and it is crying out to be challenged. The only trouble is that almost nobody so far – at least not on this forum anyway – seems to have had the bottle to face them out. I should say though that on the few occasions that somebody has decided to challenge them then we have found that the delivery company has not had the bottle to continue to take the matter to court.

You are referring to Hermes and also Parcel2go. It's a real shame that you're not can have a crack against Hermes because they deserve it. Parcel2go are not far behind. I gather that you paid your money to Parcel2go and so I don't really understand why you are dealing with Hermes. Your action is against Parcel2go.

The big question is – what are you prepared to do about it? If you're not prepared to issue court papers on this then frankly you may as well give up now rather than wasting a lot of time writing and blustering and getting angry. If you're prepared to issue the court papers then my prediction is that you have a better than 90% chance winning – and that there is a better than 90% chance that you won't have to go to court because Parcel2go won't want to spend the money and risk a significant loss in court.

The cause of action is a simple breach of contract. You can issue papers for this – we will help you draft them. It's very easy. Parcel2go will respond that you didn't buy the insurance – they will also hit you with an 18 or 20 page or more bundle of arguments which will all be standard template stuff which nobody has thought about.

They will eventually bottle it and agree to pay you out simply as a gesture of goodwill. If you are lucky enough to go to court with them then it will be extremely interesting because if they lose on this point – although it won't form any precedents County Court level, it will be extremely damaging for them – and the rest of the courier industry.

What do you want to do?

Thankyou for taking the time to respond to me!

I am willing to go the full length, to court if necessary. I am dealing with Parcel2Go as I paid them to deliver. The only reason I was mentioning Hermes is because the person who made the mistake was under their company.

I have copies of online chats and pdf's of web pages etc..

Is the refund receipt on PayPal enough to show that the recipient did not recieve it? I have a full transcript with Parcel2Go them saying "Following your enquiry, we have spoken with the courier who has confirmed that the parcel was left at the front garden."

Additionally, the tracking shows that there was no delivery but I don't know how substantial that is, in terms of evidence.

Well I think that you will need some correspondence to show that it was not received. Did the recipient instigate a dispute with PayPal? Did they write to you?

Ideally you need some kind of communication from them confirming that they did not receive the item and that they have now received the refund

Also, are you operating as a private individual or as a trader?

I have eBay messages saying that the recipient didn't recieve the laptop, I can ask them if they have recieved the refund as well - as I am sure they have.

Since the beggining of when the parcel first got lost - to it being left wrongly in the front garden I have had correspondence with the recipient.

I am an individual, I sell a few laptops here and there on eBay. I wouldn't make enough to be classed as a business I don't think.

Thanks

I know Hermes are one of the worst couriers etc etc but I foresee some arguments and some hair pulling on your part.

Son counter arguments from Hermes will be...

Laptops are excluded.

Contains glass.

No additional insurance

Here is the cost of your delivery back...

No consequential losses allowed

Dont let this put you off tho.

Do you regularly use this same company – Parcel2go? It's only that if they consider you are a business and they may challenge you and have the case transferred to their own local court as defendant. This would cause difficulties for you.

If you sue as an individual then strictly speaking the case should be heard in your local court and of course this creates added pressure for Parcel2go.

You say that you have written to them. What you said?

To Parcel2Go 2.doc

I have used Parcel2Go before yes. But I have only been sending one or two laptops every 1-2 months for less than a year, so not that frequent. I do not have an eBay shop or anything - and I don't make enough to pay taxes on top of eBay fees so I don't think it's a "business". I think I've attached the letter I sent to Parcel2Go just recently.

Okay. This looks fine.

When did you send it? Have you prepared to begin the litigation by reading up and also opening account on MoneyClaim?

You should do this straightaway. They won't respond to you and you should be prepared to act immediately the deadline expires otherwise you lose credibility

The letter arrived to Parcel2Go's HQ on the 8th of January. I am looking at creating a claim now with MoneyClaim, as I can save it and submit when the time comes.

Do you think this is an adequate statement for what I am claiming and why -

"On 6th December I contracted Parcel2Go.com to

deliver a 'HP 15-ay080na Laptop' worth

£240.00. In breach of the contract they

failed to deliver and the parcel is now lost

or stolen.

I wish to claim the cost of Postage and the

contents of the parcel, plus interest.

Postage - £4.99

Contents - £240.00

Interest - £244.99*0.8=£195.99

- £195.99/365days=£0.54

- £0.54*32days=£17.28"

Also, I'm not sure whether I need to do this/what does this mean? - "If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here"

Thanks

Your draft claim seems to be fine. Isn't there a contract reference number? What about packaging? Did that cost you anything?

You will want to claim interest until the date of judgement or the date upon which the claim is settled.

No I don't think that you need to send any further particulars. You would only do that if the case is very complicated and you need to send further information beyond the word limit given to you by MoneyClaim.

The packaging did not cost anything as it already had a box.

When you say contract reference number, do you mean the parcel2go number?

How should I calculate the interest if I want to claim it up to the settlement of it?

Thanks

Leave the interest calculation out and simply put "plus interest per section 69 of the County Courts act and 1984"

The calculation can be done once you've won or they offer to settle

The packaging did not cost anything as it already had a box.

 

When you say contract reference number, do you mean the parcel2go number?

 

How should I calculate the interest if I want to claim it up to the settlement of it?

 

Thanks

If you are submitting your claim on line through MCOL Northampton..it automatically calculates it for you once opted for section 69....and places it in your particulars of claim.

Thanks all for you replies, I will get back to you when I submit the MCOL claim.

Cheers

Well I've had an email from Parcel2Go. No surprises here.

"We’re writing to inform you that we’ve received your recent request for a refund regarding your recent order ..........

The refund requested is for the amount of £4.99."

Seems like they think it's a joke...

] This is the correspondence.

I've replied saying that I know I'm entitled to reimbursement for my lost item. I will follow up through a small claim.

OK! I have filed the claim with MCOL today, lets see what happens!

Thanks for all the help, I will post more information when it is necessary.

Well, so far I've not heard a peep out of Parcel2Go.com.

The court letter I have says they have until 11th of February to reply.

What happens after that?

Lets wait and see if the acknowledge service first.

Well, I’ve received a letter from the court saying they’ve acknowledged the claim. So, will be waiting on a defence. I guess now would be a good time to start writing my skeleton argument and bundle. Can anyone link some templates and maybe bullet point the main points in a skeleton argument.

Thanks a lot!

Well, I’ve received a letter from the court saying they’ve acknowledged the claim. So, will be waiting on a defence. I guess now would be a good time to start writing my skeleton argument and bundle. Can anyone link some templates and maybe bullet point the main points in a skeleton argument.

 

Thanks a lot!

Possibly but a little early yet...they may not submit a defence...wait for court directions assuming you wish to proceed if they do submit a defence.They want to settle at mediation ?

This is the defence that Parcel2Go has submitted,

they say that the parcel could not be located which is wrong because I have this screenshot of a message from the courier.

MCOL screen has been updated to say that the court has sent a 'DQ' to Parcel2Go.

I'm not sure if I should be doing anything yet or what?

Any advice? Thanks

P.S (What does "A bar was put in place for Parcel2Go.com" mean?)

A bar was put in place for Parcel2Go.com on 23/02/2018

Parcel2Go.com filed a defence on 23/02/2018 at 11:02:01

DQ sent to Parcel2Go.com on 26/02/2018

Submit your DQ

https://www.consumeractiongroup.co.uk/forum/showthread.php?406099-LEGAL-N180-Directions-Questionnaire-(Small-Claims-Track)-**Correct-at-Sept-2016**

Complete on your computer and print 3 copies and file and serve

Andy