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Parcel2go / Hermes Lost Parcel Claim

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Hello,

 

I have a very serious issue with Parcl2go right now.

I booked a Hermes collection and delivery through Parcel2go.

 

There were 4 parcels in total.

they delivered 2 out of 4 and have now told me that the remaining 2 have been deemed lost.

This has been over 8 weeks ago.

 

When i booked the delivery, i stated the weight of the parcels as they were quite heavy, however, parcel2go deemed them as ' Light parcels '

When the 2 delivered came, the boxes were battered with my belongings spilling out of them, the delivery driver also stated that they shouldn't have been referred to the light parcel depot.

 

- Hermes claims they have checked their depot and cant find the parcels.

But i dont understand how 2 big parcels can go missing and neither the box nor the content can be found.

 

- The contents of the parcels are expensive. they are expensive clothes, shoes, bags, accessories.

 

- the parcel wasnt insured at the time of booking

 

- I did pay extra to guarantee a delivery date and also for a signature on delivery

 

- at the time of booking, i did it on my mobile phone and the website didn't let me put the full amount.

For example, 1000 was declared on the parcel instead of 10,000.

The worth of the lost parcels is over £30,000 .

they are personal belongings I have collected over the years:(

 

- i paid over £80 to have the items delivered.

 

- The 4 parcels were collected on the 5th of September.

2 delivered on the 10th of September and they have said that the remaining 2 are lost.

The last update on those was that they were collected on the 5th of septemeber.

 

-Hermes claim they have searched their depot and cant find the parcels have advised i make a claim through Parcel2go

 

I have done some research and know that the company might hide behind my not taking out insurance to try to get out of paying my full claim.

However, there is clear negligence in this case as they cannot trace where my parcel i even after they have acknowledged and admitted to collecting the parcel.

 

The 2 out of 4 parcels they did manage to deliver were destroyed and torn ( note, the boxes used were heavy duty and shouldn't get damaged if handled with reasonable care ).

 

- Parcel2go have asked me to put in a claim with evidence of the value of the goods, however, i got he majority of the items years ago and do not have the receipts.

I do however have pictures of all the items that i put in the parcels.

Can i still submit my claim without receipts?

 

This has given a severe headache.

I have been depressed ever since this happened and super sad knowing that not only have they lost my belongings, they also will try to get away with not paying for my items.

 

- What is the best thing to do now please ?

Should i submit the claims with the pictures of the items , i have some receipts for some and don't for others.

 

- if they do come an reject the claim or dont pay the worth of the items declared, what should be my next step?

As these are highly valuable items and a high claim, is it best to get a lawyer?

What sort of lawyer should i be looking for ?

I am prepared to go to court if that is what it takes.

 

I would really appreciate your help and guidance.

 

Kind regards

Edited by dx100uk
spacing

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Hermes Parcelnet Limited

 

Mr Maritjn de Lange

Chief Executive

Hermes Parcelnet Limited

Capitol House

1 Capitol Close

Morley

Leeds

West Yorkshire

LS27 0WH

 

Email: Martijn.deLange@hermes-europe.co.uk (No Spaces)

 

ceoemail: https://www.ceoemail.com/

 

Company Number: 03900782

 

Companies House link: https://beta.companieshouse.gov.uk/company/03900782

 

Endole link: https://suite.endole.co.uk/insight/company/03900782-hermes-parcelnet-limited


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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I'm afraid that I think you have a difficult situation here.

 

First of all, I have always believed that it is not necessary to buy any kind of insurance simply to protect yourself against the other party breaching their contractual obligations. This is a complete nonsense and it really is just another form of extended warranty.

 

However, I think that when you make a contract with somebody they are entitled to know what they are taking on. If you are sending £10,000 worth of goods and you only tell your contracting party that the goods are £1000 then it is very difficult for your contracting party to make a choice as to whether or not to accept the contractual duty.

 

Of course, I note that you attempted to give the full value but that the telephone app would not let you. I think that you will need to demonstrate this to stand any chance. This may mean that you will need to take a video of it because it is entirely possible that if you brought this to the notice of parcel2go, that they might go ahead and correct the problem by the time you needed to show it to a judge.

 

The second obstacle you have is that it is clear that you realised that you weren't able to let Parcel2go know the correct value of your consignment so you proceeded on the basis that you only informed them that it was worth £1000 instead of £10,000 and you knew this.

 

I think this is what gives you the problem.

 

Getting a video of the glitch would be reasonably straightforward – but then if it went to court I think a judge would find it difficult to side with you because you realised that for whatever reason you had not given Parcel2go the correct details of the value of your consignment.

 

The Parcel2go – just like Hermes – don't go to court. I think that on every case we have assisted here, when the court papers have been issued then they eventually backed down and they pay the money claimed as some kind of gesture of goodwill.

 

Here you seem to be talking about recovering a very significant sum. Particularly because of the ambiguity of your position, I would expect Parcel2go to go and argue their position in court and I'm sorry to say but I don't rate your chances very highly. Of course you will blame it on their incompetence in the provision of their mobile booking system. I would agree with you. However they would then say that you should have found some other means of booking the delivery – maybe using a desktop PC or even telephoning them – in order to give them the correct details. On this point I would agree with them.

 

You could start writing to them but I can tell you that they are pretty tight about handing out even very small amounts and for the many thousands that you are talking about I don't think you can make any headway.

 

If you went to court on this I would rate your chances of barely 50% – in fact probably less


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Thanks for your reply.

 

I already contacted the CEO. They said they can’t find the parcels.

 

At the point , I haven’t got much to lose as they already lost what I have to lose. Those are belongings that took long to acquire.

 

 

I get what you are saying and I will give it a hard thought. Thank you so much .

 

P.S how can I delete this post please ? I don’t them snooping around. Would very much like to delete or atleast edit this post. Thanks

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We don't remove material from this forum. Everything goes into the vast collection of knowledge which helps everybody who comes to us and need some support.

 

Don't worry about them snooping around. It doesn't make any difference. As long as we are all honest and straight dealing with them then it changes nothing.

 

If you want a backstop position then I would suggest that as you at any rate have declared the value of £1000 then I would say that you would be able to claim this. Of course you will have the difficulty of producing a list and the value of the things which have been lost that once you have done that then I would have thought that it would be entirely reasonable to claim back the value of the things you have lost up to the declared value.

 

Whereas I rated your chances of getting the entire value of your loss at less than 50%, I would estimate the chances of you getting your declared value at 90%. For a claim of £1000 I expect that they would go to court and of course it would be very interesting to see them get a slap. We will be happy to help you.

 

Another thing that I had omitted to say was that if you considered suing them for the £30,000 loss – or anything more than £10,000, you would then be looking at the County Court FastTrack. This would put you at risk of costs incurred by the other side in the event that you lost – which I have already said I considered to be highly likely.

 

If you sue them for less than £10,000 – for instance the £1000 declared then at least you have the comfort of knowing that even if you lose, as long as you litigate reasonably, you will only be saddled with your own court fees and hearing fees. A fast track action provides an enormous incentive upon the well sourced defendant to incur costs and which are calculated for you, a litigant in person, under very great pressure because of the fear of what it might cost you to lose.

 

You need to take the risk of losing – very high – plus the likelihood of costs against you in that event – probably £5000 or more, when you are considering your position and what action to take.


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Thank you for your reply.

 

I know that trying to claim the full amount will be a major risk as I may not win. But I am willing to try. Claiming for only £1,000 per parcel will still put me at a loss as they might decide to defend themselves in court, the payout of £1,000 per parcel will still be highly insufficient.

 

I am going to have to do everything in my power to make sure i either get my belongings back or get my muffler money back. I have already lost a lot and not afraid to go after them at this point. I have been pushed to the wall with this and I am ready to fight them back. I do not mind involving the press or forming a Group Litigation action against them because it is unfair how they have gotten away with loosing people’s possessions and try to bully them out of claims.

 

I plan on going on the angle to negligence. They claim to have state of the art facilities and scanners but can’t find 2 big parcels ?! How did the parcels disappear? Do they have trained and vetted drivers collecting the parcels ? Did they ever reach their depot ?

 

What if I refuse to accept that my parcels are lost ? Will they put extra work into finding them?

 

You also noted the fast track option, what does this mean please ? I could do with further explanation on this please .

Thank you so much for your help

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If you go to court, apart from the issues highlighted by bankfodder, you will have to value and show value of the items in the boxes.

This would prove difficult as you haven't got receipts.

 

Everybody knows that a pair of vintage Levi's jeans have sentimental and true value, but if I was the judge I would ask: "Can you provide evidence of this item being in the box? And can you provide evidence of your loss?"

 

Well, you can't, so no matter how much you cared for your vintage jeans, they have very little value to anyone else and you can't even prove they were in the box.

 

That's the problem with sending lots of items in the same parcel without any evidence of value.

 

If you had taken a video of you filling and sealing the box you could have been in a better position, but as it stands, you need to compromise.

Edited by dx100uk
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Hello,

 

Happy New Year to you all.

 

Update :

 

I submitted receipts of the content of my parcel to Parcel2Go on their portal , just like they instructed.

However , their system wouldn’t let me upload all the documents even though they were in their accepted formats .

There was a glitch on their system. ( I made a video and took pictures of this ), I noted this down in the notes before I submitted them.

 

They came back to me and said that they needed more evidence in the form of bank statement .

However, on their portal , there is no where to submit these.

They sent me a reminder to say that I had toll 17th of January , 2019 to submit these bank statements.

 

I then went back to contact their twitter handle( that’s the only way I have been able to get through to them ) and told the handler about this issue .

I was told someone on the claims team will contact him.

 

To my surprise, Parcel2Go closed the claim and deemed it closed before receiving my evidence and before the deadline .

They sent me a £20 compensation breakdown and are asking me to either accept or reject the offer.

 

I want to reject the offer .

And I would like to know the next steps please.

 

Do I reject the offer , then send them a letter before action.

 

Does anyone have a template that I could use to draft my letter of action please?

Will Love to get the process started as soon as possible.

 

Kind regards ,

Edited by dx100uk
format

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I've looked through the thread again and I now realise that you identified £1000 as being the value of each parcel. I had gathered that £1000 was the value of the total consignment.

 

So you could conceivably consider suing simply for the two missing parcels and I would rate your chances of succeeding and getting £1000 each one of them as extremely high.

 

What was the actual value of the contents?

 

What was the actual value of the contents of the two parcels which made it through?


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Thanks for your reply .

 

The actual value of the contents missing( that I have receipts for ) is just over £20,000.

 

The parcels already received is worth roughly around the same .

 

I understand £1,000 was stated as the value of each bag , but that was because their system wouldn’t let me enter the full value at the time of booking . I had a similar problem with their system whilst submitting the evidences.

 

 

I know you said I have a better chance claiming just £1,000 for each box , but I am willing to take my chances and go for the full amount lost. They have handled this case very poorly and I am willing to go as far as I can with it.

 

If I ask for the full amount and the case is not successful, can I re-open the case and ask for the £1,000 per box declared ?

 

Looking forward to your reply.

 

Regards

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sorry but what are you doing sending items of that worth by unsecured mail

you should be using security couriers.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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You wouldn't be able to start another case on the same facts. However, if you failed to get the money you were asking for, it is entirely possible that the judge would at least award you the declared value of the boxes.

 

In fact I foresee that Parcel2go would put their hands up to this amount before going into court.

 

Don't forget that if you bring a County Court action for £20,000, they will employ lawyers and if you lose then you will be responsible for a substantial part of their costs.


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sorry but what are you doing sending items of that worth by unsecured mail

you should be using security couriers.

 

Security Couriers? If the goods are really worth that much you could buy a car, learn to drive and take them yourself.

 

Something weird is going on.

 

H


42 years at the pointy end of the motor trade. :eek:

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hello, 

 

Wanted to give an update.

 

I did go along with the small claims court. But i reduced the amount i was claiming so that it doesn't exceed the small claims limit.

 

As expected, Parcel2go has defenced the claim and rejected it. They had several pages as usual. I have uploaded a copy here.

 

They did however say that they are opened to mediation.

 

should i take the mediation ? and what sort of points should i be making during the phone mediation process?

 

I understand that i should never have used them in the first place, but what has happened as happened and i am just trying to deal with this the best possibly way i can without loosing my mind. This has been such a horrible period. They will not be getting away with this.

 

 

I am looking forward to hearing from you and truly appreciate your help :)

090MC692-claim-response_2.pdf

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Please post up your claim form


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Normally I would discourage mediation – but as I've already made clear, I think that your chances of succeeding in your whole claim are not very high. On the other hand I think that your chances of succeeding for the declared value of £1000 per item is reasonably good.

You might want to try mediation and be prepared to accept £1000 per item plus costs of the action – claim fee – any hearing fee. They may trying to whittle you down further and say that you are only entitled to recover a claim fee for a claim value £2000. I would suggest that you would refuse this.

I think your main point is that their requirement that you purchase an insurance cover to protect yourself from their breach of contract amounts to an unfair term under the Consumer Rights Act and that if they will not settle with you then you will go to court and you will make that point to the judge and you expect to be vindicated. Make sure that you tell the mediation service that once you are vindicated on that point that you will make it very clear using social media everywhere that a judge has held that there extended cover system is unfair and that in fact it should be their responsibility for them to purchase insurance against their own breaches – not the responsibility of the customer.

If you want, you could use this bargaining chip in order to try and get the full amount that you have claimed. Frankly I can imagine that they would quake in their boots at the idea of this culture of people believing that they have to purchase an extended cover being blown out of the water. I find it really quite extraordinary that you pay for delivery service and then you have to pay extra to protect yourself against the delivery service not being carried out.

Have a look at the consumer rights act and in particular have a look at the sections relating to unfair terms and also schedule two of the act which contains a nonexhaustive list of terms which are considered to be unfair.

If you wanted to you could also tell them that you consider that they are operating an unfair commercial practice which is even more serious.


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I'm also going to say that I don't understand why you came here for help and then disappeared and drafted your own claim form without coming back here to check. I would have included the allegation that they were operating an unfair term on the claim form. I think that this is a significant omission on your part.


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Thank your response.

 

It is very helpful. I will go with the mediation and i will make sure i dont accept any less than the declared amount, plus costs of the action, claim fee and any any hearing fee. 

 

As regards to not coming back here, i tried but couldn;t reply to the thread so i looked through and learnt through all resources on here as well as discussions on related forums on here and i used that as a guidance. I only just found out that the thread could be re-opened.

 

I will be including unfair terms during the mediation and if/when there is a hearing.

 

Regards

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do you reckon i should resubmit the claim and add the allegation  about unfair terms?

Will it make a huge difference as I still plan on discussing it during the mediation and in court if we do get there. 

 

will that still count or do i have to have mentioned it in my claim form?

 

Regards

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No. You should not resubmit the claim. You will lose your claim fee and have to pay another one and I suppose the other side could just feasibly apply to the judge to award their costs thrown away.

Make sure that you make it very clear during the mediation that this will be the basis of your argument in court and that you fully expect to win and that when you do you will be bespeaking a transcript which you will make sure is published. Make sure that the mediation service are quite clear that you consider that this insurance requirement amounts to mis-selling and a complete con and that you have every interest in undermining this culture which is developed over such a long period of time.

As I have already suggested, I think that this is a very powerful threat because these companies make a huge amount of money out of this. Of course it would be easy enough for them to change their published tariffs so that their prices reflected the value of what they were carrying – but they don't. They represent it as a sort of compensation cover. Most people interpret it as being an insurance but it is not an insurance. It doesn't come from an insurance company and in fact it is a bit of extra money which optionally you pay to protect yourself against their breaches. As I have already said, it is they who should protect themselves against breaches. Getting you to insure against their failure in their contractual obligations removes any incentive on their part to do a decent job. If they were held completely responsible for their losses and for their breakages, they would be obliged to do a much better job and their customers would have a better standard of service.

It's just simply another form of extended warranty. Follow the extended warranties link and you'll see what I have to say about that


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Thank you so much ! 

 

I really appreciate you taking time out to guide me through this.

 

I will accept mediation and take everything that you have said on board and update you as the case moves along.

 

Thank you so much 

 

Regards

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So - we are still waiting for your updates


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No its on the orig thread and youve answered them already....

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Posts moved to original thread.


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