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Parcel2go Hermes lost goods - **small claim issued *** WON***

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Hello

I am posting this on behalf of my father who used parcels2go to return a zimmerframe

which cost £89. He also paid for extra insurance on the web site in order to sent this item back. My father was unable to use his printer to print out a label and informed Parcels2go.

 

Parcels2go sent Hermes to collect the parcel.

 

The parcel was collected by a Hermes courier on March 15, 2018 and has been missing ever since !

 

 

After numerous chat sessions and emails no progress in finding the parcel whatsoever was made.

Hermes admitted that the parcel was lost by them, but told us that we had to contact Parcels2go. Parcels2go said that we should contact the retailer etc ..

 

Long story short Parcel2go offered a refund... only for the delivery costs.

The total sum of £12.

 

My father was ready to say goodbye to his money.

Luckily I found your website and on Saturday I sent them a letter before action giving them 4 working days to respond, because so much time has already passed.

If you read the correspondence it really seems as though they are just trying to waste time .

 

This is what they sent as a reply to the letter before action:

 

 

Good Afternoon Ashley.

 

Thank you for your email.

 

Firstly, please allow me to apologise for the inconvenience caused to you and your recipient.

 

I cannot see the links you have provided in your email Ashley.

 

If you have sent attachments, we are unable to view this on this account due to security reasons. Please upload this directly onto your claim or email ,,,,,,,

 

Should you have any further queries Ashley, please do not hesitate to contact us.

 

 

Kindest Regards

A Ali

Parcel2Go.com

 

What a joke !

We did not send any links or attachments .This whole back and forth with these people has been an absolute nightmare. I think they do it on purpose to wear you down so that you just give up.

 

I convinced my father not to let them get away with this.

He paid for a service then paid for insurance for the service ... ( so bizarre. )

 

Could you please advise us on the next steps to take

 

Thank you so much for taking the time to read this

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Parcel2go are nuts. But then if you are dealing directly with Hermes, they are nuts as well.

 

Anyway your claim is with Parcel2go if you made the contract with them and you paid them.

 

You have given four days notice but I'm afraid the protocol requires 14 days. I would suggest that you send another letter before claim to Parcel2go – detailing what has happened and what you are claiming and telling them that you will begin your claim in 14 days if you don't get a complete refund by then.

 

In the meantime visit the MoneyClaim website, open an account – and draft your claim. Get ready to click it off on day 15.

 

On the basis of what you say, I estimate that your chances of success are better than 95%

 

Your claim would be broadly: –

 

The claimant paid the defendant XXX pounds on XXX date to carry out the delivery of a Zimmer frame value £XXX to a UK address. The cost of the delivery was £XXX. The claimant also paid £XXX to the defendants as an insurance cover to protect themselves against the possible breach of their contract by the defendant.

The defendants have lost the parcel and have admitted this. Despite this, they refuse to reimburse the claimant for the value of the parcel.

The claimant seeks £XXX being the value of the lost Zimmer frame plus £XXX for the insurance cover which the claimant now understands is unfair because the defendants were obligated to carry out the contract satisfactorily in any event and are responsible for losses incurred by their breach.

 

Total: £XXX

 

Parcel2go are legendary for this kind of ridiculous behaviour. They seem to be completely dishonourable and the only unfortunate thing is that once you issue the claim then in all likelihood they will put their hands up and pay the money.

 

It is possible that they will try to bluff you out and put in a defence and force you to pay the hearing fee. However, once you pay the hearing fee and they realise that you are prepared to go to the end, they will try to pay you off. My prediction is that they will try to pay the cost of the Zimmer frame but attempt to withhold the cost of the additional insurance.

 

Stick by your guns. You will get it all back. The insurance is ridiculous. Imagine going into a restaurant and paying for a meal and then having to pay extra insurance cover to make sure that it arrives hot or that it arrives on time.

 

The delivery charge that they asked for is the cost of delivering item and the value of it is covered within that contract. This culture that delivery companies seem to have of asking for the contractual price – and then something else to carry out the obligations correctly is amazing and I have no idea how it ever happened. Unfortunately, almost all customers now seem to accept that the delivery companies have a right to do this.

 

Give Parcel2go a slap. Challenge them.


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Thank you so much for your eloquent reply. I will do as you advised and then let you know what happened.

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Engage with this thread. Keep us informed step-by-step. Do be aware that if they decide to put in a defence then you will have to pay a hearing fee to continue. There is a remote chance that they may decide to go to the hearing. I will be amazed if they win – but I suppose that it is always a slight chance. As I said before. They need a slap and in fact the whole industry needs a slap


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Just a quick update

 

This is the email received today:

 

Good Afternoon Ashley,

 

Thank you for your e-mail.

 

 

Firstly please allow me to offer you our most sincere apologies for the inconveniences which have been caused with this order.

 

As advised as the parcel was handed over to the incorrect driver and with no labels , we will not be proceeding with a claim.

 

However we have processed your carriage costs as a goodwill.

 

I would also like to direct you to our Terms and Conditions with regards to the extent of our liability:

 

https://www.parcel2go.com/content/about-terms.aspx

 

 

Due to the above information Ashley, I can confirm the offer made on this claim is correct and it will not be increased.

 

I hope I have been able to explain everything for you and should you require any further assistance regarding this or any other matter Ashley please do not hesitate to come back to me.

 

 

Kindest Regards

michela Pappa

Parcel2Go.com

 

According to their terms and conditions they are not liable. What about the insurance that you are required to purchase on the web site.

My father says the website does not allow you to continue at all unless you take out extra insurance ?

 

 

Well , they refunded the delivery costs plus insurance £12.16.

My father told them categorically he did not accept their offer of just the delivery costs.

 

 

and today he got another e mail:

 

 

Good Afternoon Ashley.

 

Thank you for your email.

 

Firstly, please allow me to apologise for the inconvenience caused to you and your recipient.

 

There was a failed collection with DX. I am very sorry for this however we advise that the collections and deliveries are not guaranteed Ashley.

 

It is absolutely your prerogative to proceed to escalate this. I must advise that the decision will remain the same.

 

Should you have any further queries Ashley, please do not hesitate to contact us.

 

 

Kindest Regards

A Ali

Parcel2Go.com

 

 

collections and deliveries are not guaranteed ( Is that why they make you pay for insurance ?)

 

If collections and deliveries are not guaranteed why are they even operating:-)

 

 

I have sent them the letter before legal action stating 14 days as you advised.

My father is outraged and is prepared to do anything even go to the local press to uncover these people.

 

 

 

Thank you once again for your advice

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Please will you open up a free account on the MoneyClaim website and draft your claim there so that it is ready to send off the moment that your letter of claim has expired.

 

We will help you all the way of course but it will be easier for you if you understand some of the steps yourself so read up on the various places on this forum about bringing a County Court claim. If you understand the steps before you get to them then you will have confidence in what you do.

 

Despite the fact that they have returned the delivery fee and the insurance to you, still claim for the insurance payment – as I suggested above – because otherwise they will try to deduct it from any eventual payment.

 

You can sort out all the maths later on when they start trying to make there offers. The important thing is to claim for the maximum and then you can either insist on that or settle on something less. In this case, I would claim for the maximum and settle only for that. If they try to make you some kind of reduced offer then you simply say no and you go to court. I can't imagine that they will be prepared to go for a hearing on this one. But they may well try to bluff you out on the hearing fee.

 

It's really extraordinary for them to take your money, lose your property and then simply try to get out of the deal by paying your money back!


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Please will you let us know what has happened with this so far.


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Thread moved to the appropriate forum...please continue to post here to your thread.

 

Regards

 

Andy


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Yes of course...

 

they sent another letter :

 

Please email the Pre-court action letter to

 

This will then be reviewed by the relevant department.

 

I hope this helps Ashley.

 

Many thanks for your time.

 

 

Kindest Regards

A Ali

Parcel2Go.com

 

Which I did immediately .

 

I have also started the procedure on the money claim site , but I cannot go ahead because of the dates.

The second letter before action citing 14 days was sent on the 12th of March I have to wait until the 27 March (Do I have to include Saturdays ?) to see if parcels2go are willing to refund the entire amount.

 

Thank you for your continued interest.

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No, just a straight 14 days.

 

I don't understand what you mean by not being able to go ahead because the dates. You should be able to have the whole thing drafted and ready to go so that you can pay and click the moment the deadline expires.

 

Have you used the suggested wording that I posted above? Or have you altered it dramatically?


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I cannot submit the claim form because the date of money owed must be in the past .

I gave them 14 days from the 12th so to go ahead on the site I have to wait until the 26th

Or am I mistaken??? have never done this before.

Thank you for your continued interest.

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I'm sure there is nothing technical blocking you from issuing the claim now, but you have given them a particular period of time in your letter before claim and you have to honour that. I don't imagine it will make any difference. I'm sure they will still try to call your bluff. Just have everything ready and then on the 26, issue the claim.


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This is a screenshot of the page:

Capture.pdf

Edited by DragonFly1967
Redacted file. email address showing

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For the date that the money was owed to you, you should put the date that the contractual breach occurred. This is a couple of days after 15 March, I suppose.


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I was about to post the same...the LBA time frame has expired?

 

Andy


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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I've edited your attachment, your email address (ie: your real name) was showing on the tab behind the MCOL site :thumb:


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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Thank you DragonFly1967 very kind of you!

 

Andyorch do you mean the time to claim has expired?

 

Bankfodder Should I write the 15 of March, but still give them the 14 days ? Start the claim on the 26th?

 

Sorry I am a bit confused

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Yes, the date that they owed you the money is the date that they didn't fulfil the contract. Put down 15 March. If you sent your letter before claim saying that you would issue the claim on the 26th then issue it on the 26th.

 

Does that make sense?

 

It's not terribly complicated but I suggest that you start doing some reading around this forum about how to bring a small claim in the County Court. You will feel much better and much more confident if you have some idea of the steps so that your questions to us will be rather more informed.


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Will do!

thank you so much for your advice and patience

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So?


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It would help a great deal if you would engage with this thread more closely then you have been doing.

 

It is very demotivating to offer good help to people and then have no feedback


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Quick update:

 

My father is having problems with his telephone and internet connection .

He is waiting for it to be fixed and then he can continue with the claim .

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Sorry Bankfodder

I live in Italy and we have just had a very long holiday because the 25th is Liberation day and the 1st of May Workers /labour Day so I haven't been near the computer... just enjoying the free time .

I certainly didn't mean to offend you and I am most grateful for your time and help.

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That's okay, but if you don't have any more holidays planned then maybe you could start to engage with this thread and we can push ahead with it and get you the results you need.


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As I said my father is having problems with his phone and internet provider the lines are down.

I am afraid I just have to wait until he contacts me .

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