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alanwicker555

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  1. Sending an Apple device via a courier company carries inherent risks. The parcel could get damaged or stolen in transit – or the recipient could pretend they didn’t receive it despite the courier company indicating it has been delivered. Online marketplaces such as eBay place the bulk of the responsibility for the sale and delivery onto the seller, meaning that – like me – you could be hundreds of pounds out of pocket through no fault of your own. Despite this, there are a couple of things you can do to reduce the risk and take back some control, even after the device has left your possession. Choose your courier carefully – they aren’t all as bad as each other We all know that the courier industry has an odd business model, asking customers to insure their parcels against loss or damage while in the care of the chosen supplier. It is certainly the view of many on this forum, me included, that such insurances shouldn’t be necessary and that companies refusing compensation for those not purchasing it are being unfair. Despite this, not all courier companies discharge their services in the same way and who you choose to use to deliver your parcel has a significant bearing on the likelihood of a positive outcome. While there is no industry standard measurement for damage or loss, a number of studies have shown that some parcel companies are simply better at delivering parcels than others. A MoneySavingExpert (MSE) poll published in January 2022 ranked couriers based on feedback from 9,000 respondents which revealed a significant gap in satisfaction from the best (Amazon) to the worst (CitySprint). In addition, some parcel brokers such as ParcelHero actively refuse to provide any type of compensation for EVRI services but do offer it for others… a clear sign that they know which courier companies are more or less likely to properly carry out their service. My advice – pick a courier with a better rating, don’t choose the cheapest and hope for the best… that’s what I did and it caused a year of stress as a result. Leave your device activation lock switched on Almost all Apple devices including phones, watches, iPads and Laptops, once setup out of the box, are locked to the AppleID that has been used to sign in during the setup process. Common sense would tell you that, once you have sold an item on eBay, the activation lock (or ‘Find My Device’ service) should be disabled before your ship the device to the buyer so that they can use it when it arrives. In fact, even Apple themselves would advise you to disable this protection ‘before you give away your device or send it in for a service’. What many people may not realise is that Apple devices can have this activation lock disabled remotely which will allow people selling devices to maintain control of the devices while in transit and even see their location when the recipient (or bad actor within the courier company) joins the device to a wireless network which is required to setup the device after reset. Effectively, you can leave the device locked to your account, even after completing a full reset and removing all of your user data – a very powerful failsafe indeed. The activation lock is a powerful feature, rendering Apple devices almost useless to potential thieves by preventing normal use of the device until it is removed by the owner, typically done on the device itself by signing out of your Apple account through settings. Once you are satisfied the new owner of your device has indeed received it (including recycling companies etc), you can disable the activation lock via a web browser from any devices using icloud.com, Apple’s online portal to monitor your Apple account and devices. I include below a link with detailed instruction of how to do this. In summary, sending expensive Apple devices via a courier company is a risky business. Couriers can easily identify expensive items simply by the density and size of the packaging and buyers can try to cheat you. Choosing a more reputable courier company and with some help from Apple’s built-in security features can help things go more smoothly. Links: MSE Poll - https://www.moneysavingexpert.com/news/2022/01/amazon-logistics-tops-mse-s-parcel-delivery-poll-for-first-time-/ Apple Activation Lock - https://support.apple.com/en-gb/HT201365 Turning off Activation Lock remotely - https://www.imobie.com/icloud-unlock/turn-off-find-my-iphone-remotely.htm
  2. By way a final update - I'm pleased to say that ParcelHero have now paid me in full. Thanks again to the CAG team!
  3. Dear Bankfodder and CAG team, Firstly, my sincere apologies for leaving the final checks on my case to the last minute - a major learning for me going through this process is that a lot can happen that is relevant to the case between the time one submits a witness statement and evidence to the court and the day of the trial. In my case, another judgement came to light which was highly likely to influence the outcome of case and I seriously risked missing out on being able to submit this by losing touch with the forums. Secondly, I'm pleased to say that my claim was successfully upheld at court yesterday - the judge agreed that ParcelHero's terms caused a significant imbalance in the parties' rights and obligations under the contact under section 62 of the CRA 2015. The judge felt that ParcelHero's clause allowed non-performance of deliveries with very limited exposure. The judge was clear that, due to the fact I had stated the full value of the goods, the responsibility of the loss should sit with the supplier, ParcelHero. Finally - it's entirely thanks to this forum and BankFodder that I was able to educate myself and be armed to answer questions appropriately in court. Anyone reading this should give themselves plenty of time to prepare their court documents, be aware of the specific Consumer Rights Act clauses and be able to make the case, in their works. You don't need to be a lawyer to do this - the judge was really supportive - but you need to know what you are asking in order to be credible at court. Thanks again - I'm really happy to support anyone else who is in a similar situation and who, like me, has never been to court or worked through anything legal before. Cheers! Martin
  4. Here is the main body of the witness statement as requested: ________________________ WITNESS STATEMENT ________________________ 1. I, XXX XXX of XXXX, XXXX, XXXX XXX XXX am the Claimant in this claim. The facts in this statement come from my personal knowledge. 2. On 26th February 2021 I sold a MacBook Pro laptop computer on eBay, for £1,625.00. I used ParcelHero’s shipping service in order to ship the parcel and selected EVRi next day service as it was offered as next day delivery, to be dropped off at a EVRi parcel shop location destined for an address in the United Kingdom. My expectation was that the parcel would be delivered on the next day as stated on the ParcelHero website. 3. ParcelHero failed to deliver the item and subsequently informed me that the item had been lost in transit. ParcelHero have refused to compensate me in full for this loss and offered me a refund and credit of £15.00 which I rejected as any type of compensation. ParcelHero did not provide me with any evidence of investigation of the loss, the experience of which was incredibly stressful and distressing to me. 4. ParcelHero refuse to fully compensate me on the basis that I did not purchase their insurance cover when sending the item. I believe it to be unfair that ParcelHero expect their customers to insure items against their own failures as a service provider – or the potential negligence or criminality of the service provider. I believe it is the responsibility of ParcelHero to take appropriate insurances for their business operations, not me as their customer. Through losing my parcel in transit, I do not believe that ParcelHero have performed the contracted service with reasonable care and/or skill and are entirely responsible to compensate me for the full value of the item. 5. ParcelHero.com have a track record of refusing to compensate customers, whether insured or not, and poor customer service. Of 11,115 reviews of ParcelHero’s business on review website ‘trustpilot.com’, 20% of respondents categorised the service as ‘Bad’. Of these reviews, I have included, in exhibit A, a large number of reviews claiming that ParcelHero often refuse to compensate for loss, damage or theft of parcels, even when customers have purchased their insurance product. I believe this demonstrates a clear failure to discharge services effectively and a refusal to take accountability in the delivery of their services. 6. I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest believe in its truth. Signed. XXXX XXXX Exhibit A - ParcelHero Reviews.pdf
  5. Hi all - update here for the record. I have a court date for Wednesday this week for the aforementioned case. I guess I’ll find out tomorrow whether or not I’ll have my day in court to examine the fairness of parcel insurance or whether they will settle. Keep you posted.
  6. The court asked for any additional witness statements and materials to be presented by the 5th November. As I don’t have anything in addition, I didn’t submit anything. No date for hearing yet.
  7. ParcelHero have forwarded me their witness statements - so it looks like we’re heading for a hearing! I have not submitted any materials to the court in addition to my original claim. Any advice or recommendations would be very much appreciated.
  8. Ok thanks. I won’t submit anything in addition and will wait to see what happens next.
  9. Hey all, So far ParcelHero hasn't agreed to go for mediation - and so this could well be moving towards a court hearing. I had a deadline to present any supporting evidence to the court of today with regard to any evidence I would rely on in court, if it goes that far. As I don't have any documentation I haven't submitted anything but was wondering if it's worth submitting some photos of Hermes negligence as submitted in other cases? Very much welcome your thoughts. Martin
  10. Hi all - quick update on my case and a question which I'd really appreciate some guidance on: Finally received and N24 from Kingston County Court today confirming allocation to small claims track and inviting me to accept mediation which I have already confirmed via email this afternoon. Looks like they have quite the backlog at the moment! The letter also ask that I prepare/send statements of any evidence that I might wish to rely upon in court by the 5th November. Would anyone recommend that I pull together any materials in case mediation doesn't move forward promptly? I've seen other cases of people pulling evidence of Hermes poor handing of parcels etc - would you suggest I do the same? Thanks as usual for your support!
  11. Hi Bankfodder - brief update, the claim was transferred to Kingston-upon-Thames on MoneyClaim but haven't heard anything else since the 8th July. Not sure this is normal procedure and I should wait or whether I should chase them. Very much appreciate any thoughts or insights. Thanks!
  12. Hi there BankFodder and team - PARCELHERO filed their defence last Friday: below is what has been written: * Claimant entered into an agreement to send a shipment via a carrier of his choice. * That carrier was Hermes. * For all Hermes bookings we do not offer any free cover in the event of loss or damage, so unless any is purchased, in the event of either loss or damage, a claim cannot be processed. * During the booking process the claimant, despite presented with the option to purchase cover, selected the option that states he will 'accept the risk' of sending his item without cover. * Unfortunately the claimants item was lost by their chosen carrier Hermes, so the claim was respectfully denied by Parcelhero.com Ltd as per our contractual agreement. Here is the latest in the claim history - A bar was put in place for PARCELHERO.COM LIMITED on 11/06/2021 PARCELHERO.COM LIMITED filed a defence on 11/06/2021 at 14:05:11 DQ sent to PARCELHERO.COM LIMITED on 14/06/2021 I gather from the MCOL user guide that I will now be sent a questionnaire to be completed and returned and that mediation is a likely next steps. As ever, I would be grateful for any observations or focus areas of advice you could offer. Many thanks in advance, Martin
  13. Brief update on this - PARCELHERO filed an acknowledgment of service on 28/05/2021. Will update once they have filed their defence.
  14. Hi Bankfodder, Yes - they do allow you to purchase insurance even when you identify an item in the contents description field which is on their exclusion list. The text on the page links to the compensation list for items not covered but does not compare the data entered by the user with the exclusion list - the user is expected to do this manually. I have taken a couple of screenshots. Additionally, unlike all other couriers available on ParcelHero, they do not offer a basic level of cover for loss or damage when Hermes is selected by the user - other couriers have a minimum of £50 cover included in the fee. Surely this obviously shows they have less confidence with this supplier than with others - perhaps they should make this clearer on their website also with some kind of 'probability of loss' metric! Will start the court action tomorrow.
  15. Hi Bankfodder - I received a response from ParcelHero today. As per their response to my initial complaint, they are taking the line that 'you were prompted during the booking process that you would not be covered for loss or damage and offered the option to upgrade, however you chose not to upgrade to our enhanced cover and continued with your booking...' They make this point in their letter despite Hermes expressly listing laptops as an item which is not covered under their compensation policy. They have offered (and also paid) a £15 credit into my ParcelHero account as well as refunding my initial postage. They also note that they provided their limits of liability in the order summary page and which customers are required to accept in order to proceed with the booking. I'm ready to push the button on the small claim however I very much welcome and appreciate any further guidance you may have. Thanks, Martin
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