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    • Thanks very much indeed for this. I'm very pleased you've had a result – and also it's very satisfying to have had the result on the back of a judgement and having issued the warrant. Did you get everything back including all of your costs and the cost of the warrant? Did you get the full value of the judgement – including the compensation for conversion of this apparently damaged bag?   It will be very interesting and appreciated by many people if you would post up a copy of the judgement please. I think maybe we will use it as a trophy! We've received a donation – I'm not sure if it was from you, but I responded by email. Thank you very much indeed once again  
    • So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in!   Am incredibly pleased and thankful to CAG! I didn’t know this great  community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going!   Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
    • ???   you ignore them until they comply and we confirm the filing cabinet copy and paste bogroll they send IS enforceable. cause i bet you 100% it won't have come from them awaiting the OC to send it....their raiding their filing cabinets now i bet..
    • Still waiting for these diagrams. We've been dealing with this story for nearly 48 hours now and we are only starting to understand exactly what happened and we still haven't got information that we've asked for.  
    • Dx100uk well not really, considering he pulled out on me from the side of the road. He should have gave way. Why do you think he has told a different story to his insurance ?   Because he knows if he has said he pulled out on me he would be held liable.   He pulled away from my left hand side then braked- leaving his van in an angled position, it literally happened within the space of a split second  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
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Parcelforce damaged goods and refuse responsibility (senders perspective)


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Hello everyone, I was hoping for some advice.

 

I have read a number of threads on this forum relating to the damage of goods/packages by couriers - who universally seem to want to wriggle and writhe out of any responsibility with pretty flimsy excuses. On this occasion, my issue lies squarely with Parcelforce.

 

Let me set the context:

 

About 4 weeks ago I sold a pair of Bose speakers for £80 on ebay. When the buyer received the speakers, there was a big-ish dent on the corner of the box and sure enough after opening the package part of the wooden speaker housing had been cracked and broken. I refunded the buyer and lodged a damaged goods claim with Parcelforce, which they have since denied on the basis that i hadn't packaged the speakers with enough protection - this is where I feel they are looking for an easy way out.

 

To send the speakers I wrapped them individually in 3 layers of bubble wrap and put them both into a single corrugated cardboard box. Additionally, i put in a few extra layers of corrugated cardboard along the edges. They fit really snugly and could not move around at all. I sealed the box with duck tape, and also taped up the corners and all the joins on the cardboard box for extra strength. Finally I wrote "FRAGILE" on the box in big letters with a highlighter. All in all, I was confident that the package was sturdy and well protected from the normal bumps that happen in transit.

 

I was told by parcelforce that bubblewrap was not an adequate protection, although according to their own packaging guidelines, bubblewarp is actually recommended.

 

They also give the following as an excuse:

 

"Parcelforce Worldwide is a bulk carrier shipping over 1 million items per week, much of the sorting process is handled by automated machinery. As such, while ‘Fragile’, ‘Handle With Care’ or ‘This Way Up’ labels will be adhered to by drivers and manual handlers, this will not be of assistance in relation to the machinated sorting processes."

Surely whatever way they choose to handle parcels is nothing to do with the customer - a fundamental requirement of the sorting process that it should not cause damage to the parcels.

 

I guess my main question is has anyone else encountered this defence from Parcelforce, and if so - how did you respond to them?

 

Thanks for your time.

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Hi and welcome to CAG

 

Somewhere on the forum is a thread where a guy sued royal mail and won. They try to get out of paying compensation by any means they can.

 

have you escalated this all the way yet?

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Hi, thanks for the welcome.

 

I haven't escalated it yet, I'm still putting together an email response outlining my argument. I think its probably a standard approach on their part - refuse a claim out of hand and then start a war of attrition to see who gives in first - all for the sake of an £80 claim. Its almost not worth it, but I can't stomach the idea of letting them get away with it!

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Thanks for that. For the life of me, I couldn't remember what the thread was called nor which forum it was in.

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