I booked through parcel2go. But I just decided to claim against Hermes, but no parcel2go

Got the compensation today!

Donated Cheers everyone

I couldn't send it through paypal as they say - Donations to this recipient aren't supported in this country

Exactly, I hope that I can witness its closing down in the future years. I just sent through a donation. It is not much, but I hope you won't mind

I just finished mediation, and I got 350GBP for compensation at the end. Thank you very much for all the assistance! Also, surprisingly mediator is very helpful and friendly. ----------------Summary of mediation----------------------- First call: (3 minutes) - Mediator explains his role and what to expect in the mediation process. - Mediator summarized my case and asked me if there was anything missing - Mediator asks about my expectation - I say I am ok not to go to the Court with a full refund - I told him that I had the contract with P2G, and I was aware of that third party act 1999. Therefore, I am claiming from Hermes now. - Mediator called Hermes. Second call:(6 minutes) - Hermes re-state that I have a contract with P2G, not them, and this is not how it works, bla bla bla. - Hermes offer me 47.45 GBP for compensation - I said that is ridiculous, and I am happy to go to Court because of the third party act - Mediator called Hermes. Third call: (6 minutes) - Hermes offer me 100 GBP for compensation - Again, I rejected the offer and was happy to see them at Court. - Mediator asked for proof of the value of the rowing machines; I sent him an email with the PrintScreen of EBAY. - Mediator called Hermes. Fourth call: (5 minutes) - Hermes offered me 300 GBP + 22.54GBP (delivery cost), which is their last offer - I counter propose 300 GBP + 50 GBP (Claim fee) - Mediator called Hermes. Fifth call (3 minutes) - Hermes agrees and will get my money before the end of this month.

Haha. I get it. I wouldn't give them any reason why I chose Hermes but not P2G, as this is my right to sue whoever I prefer in this incident. And I will make sure they know that I am ready to bring it to the court as I have the confidence to win it.

That's very reassuring! Thank you very much and I will put my stubborn mask on for that hour specifically (normally I am quite easy-going lol).

I got the date of mediation today - 20 / 10 / 2021 I will make sure to read through the mediation summaries. I am wondering how do I argue about "The test is that either you are a named beneficiary or you fall within a class of person who clearly would be beneficiaries under the contract." Of course, I know I am that second group. But do I need to provide evidence to show that I am that group?

Thank you, BankFodder. Will do the reading around and get well prepared. Will update you once I get the mediation date

Hermes replied, and as expected, they refused all the claims but agreed to do mediation. I have attached their response here as a PDF. They keep pushing their responsibility to P2G as they said they are the sub-contractor. 230MC749-claim-response.pdf

claim submitted

Congratulation and it is very helpful for me to claim from Hermes. Cheers

Exactly and I think they are try to tired me out. And yes, I did send your version to Lindsey. Thank you BankFodder Meanwhile P2G reply me and what a joke ----------------------------------------------------------------------------------------------------- We’re writing to you in response to your recent enquiry regarding the following order: P2GXXX We have conducted a full investigation with the courier to locate your parcel, unfortunately, in this instance, the search has proved unsuccessful. We apologise for the inconvenience this has caused and as a result, we have now progressed your enquiry to a claim. Regarding compensation We noticed that during the order process, you opted against taking out protection on your parcel. That unfortunately means that we cannot compensate you for the full value of the parcel contents even if your claim is valid. Don’t worry, though — we may still issue a refund on the cost of delivery should your claim be successful. What happens next? To help us progress your claim as quickly as possible, you’ll need to upload supporting documents. View your case to submit the required information. Deadline to submit documents: 13/08/2021 I am replying this: ----------------------------------------------------------------------------------------------------- Dear The Parcel2Go Claims Team Reference number P2GXXX Thank you for your message dated and thank you for your offer the refund of postage. However, it is totally unacceptable and I won't accept it. Next contact will be through a County Court claim. Thanks

I am thinking to reply them by using beneficial third party under the Contracts (Rights of Third Parties) Act. ----------------------------------------------------------------------------------------------------- Good Morning Lindsey, Thank you for you reply. The Contract (Rights of Third Parties) Act 1999 gives powers to third parties in certain circumstances to enforce terms of a contract that confer a benefit upon them, either expressly or as a matter of contractual construction. Therefore, Hermes and P2G both share equal legal responsibility towards my lost parcel. In breach of the contract you have failed to do this as you have since informed me that the parcel is lost. f I don't receive reimbursement in full within 14 days of this letter then I shall sue you in the County Court and without any further notice. Yours faithfully Opps, that's fast

Yes, the MCOL website NEW EMAIL FROM HERMES - THEY TRY TO PUSH ME TO P2G AGAIN ----------------------------------------------------------------------------------------------------- Thank you for getting in touch with your enquiry regarding parcel reference XXXX Parcel2Go reference number: P2GXXXX I’m sorry to hear that you have experienced a problem with this delivery and I can appreciate how frustrating this situation must be for you and your recipient. I can see that you purchased the shipping label for this parcel via Parcel2Go. While your parcel was sent using the Hermes network, Parcel2Go are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you. Here is a useful link which may assist you: Parcel2Go Help Centre: https://www.parcel2go.com/help-centre If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. If you need anything in the further, please contact your Hermes Customer Service Team and we will be happy to help. Kind regards, Lindsey Harrison Hermes Senior Claims Advisor 1 Capitol Close, Morley, Leeds, LS27 0WH Customer Service 03308085456

I have register with county court website and filled the form up. I believe there is an update version of the system and it is the one that I filled And it will be submitted after 14 days immediately

My bad, I didn't know I should include those two acts in as well. Thank you for reading and amend it for me Now I will wait for 14 days and see how they reply. I will this post updated when I have any news from them.

This is the particulars of claim: I have posted my rowing machine (Indoor rower machine E-216 £300.00 and delivery fee £22.45) thorough Hermes from Basingstoke to Eastbourne. My machine has not been delivered and subsequently has been found as being lost in Hermes depot which has been confirmed on both 3 and 22 July. Yet defendant refuses to refund the full value of the item and the delivery fee. The claimant seeks £300 being the value of the item, £22.45 delivery cost, legal fees and any interest owed.

Dear Hermes Parcelnet Limited, 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 26th JUNE 2021, my parcel was collected by myHermes using Parcel2go as the intermediary company through whom the service was booked. On 3rd JULY 2021, my rowing machine was lost in your depot and it was confirmed as lost again on 22 JULY. I am once again requesting a full refund of the item price of £300 + £ 22.5 delivery fee (total: £322.5). If I do not receive a satisfactory response from you within 10 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. Yours sincerely

Now they keep pushing me to P2G for the claim. How should I reply them?

I have read several complaint and post related to Small claim, local count, how nonsense Herme's defence is and what should I do during mediation. Now I understand both P2G and Hermes are accountable for my lost - "What Hermes don't tell you is that they bear equal contractual responsibility because there is an act of Parliament called the Contracts (Rights of Third Parties) Act 1999 which provides that an official third parties enjoy all the rights of a direct contracting partner." Meanwhile, I got a new email from them and this is what they say, Hi Hippo, Thank you for getting in touch with us regarding parcel XXXXXXX. As we can see from the system the parcel was last scanned on 03/07/2021 at 05:16. As there has been no update we will have to class the parcel as lost due to the time-scale. As you are the sender and the recipient parcel2go will be in contact with you regarding the claim. We are sorry for the inconvenience caused. We will politely not enter into any further correspondence in regards to this matter. If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. Kind regards, Muns 2658 Hermes Customer Services

Thank you for your quick reply Sometimes, I find this incident so funny that I could not get angry about it. I have read some of the stories, but not all. I will go through those with more replies. Also, I will read around the sticky topics as suggested. Anyway, yes, I have correctly put down the size and weight of the item when placing order through P2G on their order form as follow =========================================== We’re pleased to confirm that we've received your shipment details from XXXX . Contents Weight Dimensions Rower 26kg 175cm x 80cm x 26cm =========================================== =========================================== Here is the email from Hermes and blaming it on P2G =========================================== Thank you for contacting the Hermes Support Team and sorry for the delayed response. I also sincerely apologise for the difficulties you are experiencing with the delivery of your parcel. This parcel was booked through Parcels2Go therefore the person who booked the parcel has a contract with them, not us. Parcels2Go then have an agreement with us. Our maximum parcel weight is 15kg, this is stated in our terms and conditions and must be accepted before the booking is complete. Please contact Parcels2Go as they are the account holder they will be able to assist you further. I apologise that we cannot assist you further. Kind regards, Shauni ext2733 Customer Escalations Team

Hi everyone, I need to apologise in advance; English is not my first language; I will try to make myself as clear as possible. I bought a rowing machine (300GBP) on eBay (private seller); I arranged delivery by myself through P2G and use Hermes as the courier. Sadly, I didn't buy the insurance P2G offers. Information about the parcel: - Rowing machine (300GBP) - 175 cm X 80 cm X 26cm - 26 KG Timeline of the incident 1) It was collected on 26 June by HERMES 2) After numerous calls and emails - it is lost and confirmed by HERMES on 12 July. The parcel is lost at HERMES' depot (I don't know how's that possible) 3) Hermes refuse to refund me and suggest that I should go to P2G instead. 4) Hermes says this parcel is too big for them, and they won't be able to deliver. And they blame P2G for placing this order. I am confused here, and may I ask the following questions? 1) Should I claim the refund from P2G or HERMES? 2) I have opened a case with P2G on 14 July, and they need 14 working days to do the investigation - if I want to send them Letter before the count claim - should I wait after 14 days, or don't I need to? 3) Does the size of the parcel matter? Thank you very much for everyone who is interested in this case.