Another myHermes Issue - ***WON***

[omegatbt15]

hi all,  

 

I have sent two parcels. one directly with myhermes and one indirectly,, via parcellink, with myhermes.

 

the two parcels total value is £500 and myhermes told me they were both lost at the same depot.

 

Myhermes has compensated me the standard £20 but i am have gone through small claim court through what has been posted on here.

i dont think  i will win with parcellink because myhermes will claim i dont have a contract with them directly.

 

cant take parcellink to court because they are registered in spain.

[AndyOrch]

Own thread created..please continue to post here.

 

Andy

[BankFodder]

Please can tell us the whole story in a bullet pointed chronology

Also do I gather the you have started a small claim? if so please will you tell us about it and also post your claim forms and any defence which might be received

[PIXeL_92]

 

Parcel Link

Unit 4

Coln Industrial Estate

Old Bath Road

Colnbrook

SL3 0NJ

[omegatbt15]

hi, first of all, I am grateful for this forum as it gave me the material or the backing to start the small claim court process

 

Timeline of what happened:

 

First item Myhermes directly - An ebay return Canada goose parka £288
25/09/2019 first item - Dropped off at the ParcelShop
27/09/2019 Out with the recipient's local courier for delivery but

never arrived

 

Second item- Packlink using Myhermes - An ebay sold item North face Parka £180

28/09/2019 second item sent - Dropped off at the ParcelShop
28/09/2019 Entered the Hermes network Liverpool- Lost
never arrived

both lost within a week

 

so within a week i have lost £500

 

went through normal customer complaints and handed the standard £20 compensation. 

 

wrote to Martijn De Lange <[email protected]> directly and after a few days had someone calling me back saying they will start another investigation. 

 

but they have found nothing and wrote

 

"I am sorry to advise as per the response we have received from the Hub, despite a thorough search your items have not been located.

 

I note a claim form has been issued to you for parcel  which once completed the Claims Department will assess and pay the claim for you.

 

Parcel  was booked for delivery by Packlink, therefore Packlink will be responsible for issuing a refund to you for the item we cannot locate.

 

I am sorry this is not the outcome you were hoping for and for any inconvenience this issue has caused to you and your customers.

 

If you have any further queries, please do not hesitate to contact us and we will be happy to assist you.

Kind regards"

 

Interestingly, they lost the two parcels at the same depot.

 

they did offered an additional £20 goodwill but i said no.

 

so I have filed a small claim court to Myhermes for the two parcels.

 

as i have said before, legally, Myhermes will argue that they only have a contract with me for the first parcel. but in terms of lack of care, they lost two parcels in the same week with the same depot !.

 

with packllink, i have no chance because they are not registered in the Uk. 

 

 I did not pay for for the extra compensation for the first jacket.

 

Your claim against myhermes was issued on 21 October 2019. The defendant needs to respond to your claim before 4pm on 11 November 2019.

 

 

 

 

 

 

 

 

[BankFodder]

thank you. I asked you to post up your claim form that you haven't done that. Please will you post up your claim form in pdf format.

Also did you declare values? What value did you declare for each parcel?

 

[BankFodder]

Yes please - the actual pdf.  Redact the indentifiers

 

Also please will you address the other questions I asked

[omegatbt15]

 

i have declared value as per ebay value

 

 £289.73 ebay item 

£180 ebay item 

 

 

claikm.pdf

[BankFodder]

In one of your posts you express gratitude that we have given you the material in order to start your own claim. It then seems that you went ahead and started your claim without consulting us.
Big fail!

I have no idea why you then didn't come and discuss it with us first – but I'm sorry, but the claim form simply doesn't do the trick. Apart from the fact that you start off your particulars by saying "hi…", You don't actually identify any cause of action or identify the fact that they were two separate contracts or on the basis upon which as a third party you are proposing to rely on the second contract in order to make your claim.

You only posted up part of the claim. This is extremely unhelpful and I'd like you to post the entire claim please. I have to say it's hard work having to ask for everything twice and to have the responses posted fully. You might think I'm being rather harsh, but I imagine that if you were paying the £300 an hour that our advice is worth and which it would cost you if you went to a solicitor, you probably look a bit lively in order to avoid any unnecessary expense.

We are happy to help and we can help you win – but I think it's only fair to ask you to make it easy as possible for us.

Have they filed a defence yet? What date did you issue this claim? If you had posted the whole claim then I wouldn't need to ask you this.


 

[BankFodder]

Also You have said that you don't think that you can win in respect of the parcellink package - but I think that you can

[omegatbt15]

hi, the first part of the claim is my address ? not sure why that is useful.

 

Have they filed a defence yet? What date did you issue this claim? If you had posted the whole claim then I wouldn't need to ask you this.
 

no, nothing back from them.

 

filed it on the 21 October 2019. the first part of the claim just have my address. 

 

hi, i just come to tell you all that i have filed a claim. whats next is up the courts. 

[dx100uk]

no its upto you !!

they have 5+14 days to acknowledge the claim

if they do they have another 14 days to file a defence.

giving a total of 33 days [Friday 4pm 22nd nov]

 

if they fail either 

you immediately file for judgement by default.

 

if they do both, you file an N180 and copy to them and the court.

[BankFodder]

There is no doubt but that they will file a defence – they always do.

However, given the rather poor quality of the claim it wouldn't surprise me if they also asked for the matter to be struck out.

I think that there is nothing more to be done until you find out what response they make. Come back and tell us when you know.

However, I still want you to post the entire claim form – redact it for anything which gives away your identity. If we don't have complete documents then I don't think we will be able to help you.
This is an entirely winnable case
 

[omegatbt15]

I am not sure what is a good qualiy claim and a poor one. they have been careless and lost the parcels. I am not unclear how i can present the case any better. surely, the facts speak for itself ?. 

 

in terms of upload the whole form, i cant  redact the personal bits because i dont have the sofware to delete the personal bits. and anyway, the first page just contains the address so cant see why this is of such important to understanding the case.

[BankFodder]

Redaction is not hard.

Copy the claim.   Black out the bits you want to redact with bits of paper and then scan the redacted copy. - The whole claim. 

 

If this claim goes the distance there will be other documents which you will need to show us and you are turning it into an unnecessary effort.

[AndyOrch]

11 hours ago, omegatbt15 said:

I am not sure what is a good qualiy claim and a poor one. they have been careless and lost the parcels. I am not unclear how i can present the case any better. surely, the facts speak for itself ?. 

 

in terms of upload the whole form, i cant  redact the personal bits because i dont have the sofware to delete the personal bits. and anyway, the first page just contains the address so cant see why this is of such important to understanding the case.

 

 

I think it would serve you well to understand the process of issuing a claim and why its important.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.4

 

Andy

[dx100uk]

surely you must have a photo editing program on the machine you are using to access CAG?

scan things as a JPG then redact them and merge to one multipage PDF

its all carefully explained with programs/websites to use in upload

 

 

[omegatbt15]

hi , i am uploaded the actual claim form.

 

andy, much thanks for the glossary . will change a bit of the actual claim form but not sure what more to add. 

 

100MC798-claim-form-claimant-copy (2) (2).pdf

[BankFodder]

The claim is issued and served - so it's too late to change it.

 

Let us know what response you get and we will take it from there.

 

There is a chance you may have to withdraw it and reissue which means at least a wasted claim fee.  Let's see what their response is.

[omegatbt15]

I am sure the claim can be flowery or elaborate but the fundamentals are clear enough.

 

ok, the judge might throw out the packlink one but the reason i have the two together is to highlight how I have lost two parcels with myhermes within a week of each other.

 

they will claim that i should have insured for the full value of the jacket and they cant gurantee every parcel but to lose two parcels is careless. i suspect foul play

[BankFodder]

The reasons why they lost the parcels are not particularly relevant here. The fact is that it is amounts to a breach of contract.

The backlink/third-party contract should not be a problem because you will be relying on the Contracts (Rights of Third Parties) Act which entitles you to assume all the rights of one of the contracting parties and to sue on that basis. You are clearly intended to be a beneficiary of the contract and it is most unlikely (although we have not seen it) that they have specifically excluded rights of third parties in their contract.

Once again, there is nothing to do until you find out what responses been made. I think you should stop being so pessimistic about the third-party contract.

 

[omegatbt15]

thanks. that is really powerful advice.

dont you guys ever sleep ??>?>?

[BankFodder]

We would probably get more sleep if you wouldn't take five days to load up a simple claim form

[omegatbt15]

haa haa. ok, you dont have two families, shopping, doctor, dentist, and 8 to 5 job. travelling. and etc.

 

but fair enough !.

[omegatbt15]

Askew-Renault	CEO
Email	[email protected]
Telephone	+34 91 431 3063
Website	https://www.packlink.com
Postal Address	Accounting Help, Hamilton House, Mabledon Place, London, England, WC1H 9BB
Company Number	09026541
Company Status	Active (Established 06/05/2014)

 

 

 

 

 

i have found the address for packlink. maybe it is just a registered address. it is worth doing a small claim on this address ?.