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    • Hi BankFodder   Many thanks for your assistance in this matter.   I have decided to commence County Court action against DPD/Parcel2go regarding the lost parcel.   I would just like you to clarify whether which company you recommend me to commence legal proceedings against:   Parcel2go. My contract was made via this company.   Or DPD - This company undertook the contract and are the ones who lost the parcel.   I look forward to hearing from you soon.   Kind Regards Humza
    • I lost my job this jan because work decided not to extend my probabation, so i've been out of work since then. During this time I have made 3 payments of £270 from my own savings and now I am really struggling.   I rang motonova last month before COVID19 started and explained I lost my job and wanted a reduction in the payment but they asked me what my out goings were and told me 'it looks you can make this months payment so we can't do anything etc'   Since COVID19 has started motonova now have this form available to ask for reduction of payments - see https://customer.motonovofinance.com/file/cms/raw/888dda418afb548c00a1afc1cde50704.pdf   Given my weak financial situation can anyone help me with what I put down for these sections of the form so my request to lower or freeze payments stands a good chance of being accepted   1. Is your situation realated to the Coronavirus outbreak? Yes   2. Do you consider yourself to be in a high risk group, if so why?Do you explicitly consent to us recording this information in your account notes? I am no longer employed and have no income coming in. Work have made cuts due to Corona and no longer employed by them I am sorry I wont be able to make payments of £270   3. How much can you pay? I can pay £25 a month   4. What are you proposing, and what help would you like from us? I've lost my job and have no income. I've had to self isolate under the goverment guidelines with my family because my daughter had a cough at school. I've been applying for numerous jobs and have no luck and the COVID19 situation in the country has made the whole situation even worse for me. I request given the financial difficulty I am in that  you please accept my offer   What do you think of my reasons and how can you add or improve them? I really stressed out because my next payment is coming up in 3 weeks and I'm down to my last £400 of my savings and I've no idea how long it will take me to find a job  
    • Hi All   As im new to this site and here for as much advise as possible to help me and a few fellow work colleges regarding a situation with our employer given the current circumstances with the COVID-19 (coronavirus).   Basically since i started working for said company i have never been given my contract or employer handbook to view as when i need to, its always stored inside our boss's office and past staff have been refused to view it when they have wanted to, what i want to know is, is it a legal requirement for a employer to give there employees a copy of there contract/ handbook or is there a clause that can allow him not to?   Also i have currently been in self isolation due to cornavirus and have spoken to our company via email with no reply from them but have heard from colleagues that the work has slowed down, and in the recent email i have sent i spoke about potentially being put on 'furlough pay' if work stops completely. Can he refuse to put certain staff on it and still keep the business open even though there is no work? As well as not providing sufficient hygiene sources given the current climate, would that put him in breach of contract (if could view mine to start off with) ?   At the minute we are stuck in limbo given we are still off in self isolation for another week and he doesn't really care about his staff, what would be the best course to take regarding the matters above??   HELP!    
    • I have been trying to get onto the MCOL site for several days now, it keeps saying that the password is wrong and i haven't been able to get to talk to someone on the phone, i have prepared a defense and its ready to email, just realised today is day 33.   Here it is for your considderation, thank you.   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1.Paragraph 1 is noted; I have in the past had financial dealings with MBNA. I am unaware of the alleged agreement the Claimant refers to having failed to adequately particularise its claim and have therefore sought clarity from the Claimant by way of a Section 78 request and a CPR 31.14 request.   2. Paragraph 2 is denied. I am unaware of any service of a Default Notice (s) pursuant to section 87 of the Consumer Credit Act 1974 by the original creditor MBNA. I have sought verification from the claimant regarding this matter and they have been unable to comply.   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to: (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and (c) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request, copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief. I confirm that the above facts and statements are true to the best of my knowledge and recollection.
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Lex49

Parcel2Go Hermes- lost 2 parcels. One parcel delivered to wrong address

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Greetings.

I am ebay seller (private) and in February, Hermes (ordered through Parcel2Go) Has lost 2 packages. 

No update in tracking already for 2+ weeks.

I have opened claims at their homepage, but no response till now.

 

First parcel

- Content value 48GBP. Not insured, and write only 20 GBP during order.

Postage 5GBP. Have videotaped packing and can provide that goods in parcel were for 48gbp. Sold at ebay for 48.

 

Second parcel

- content 20GBP, write 20 GBP during order, Postage 3GBP. No insurance.

 

Third parcel

- content 12.5GBP.

During order 12.5 GBP. 

Postage 2.5gbp.

No insurance. T

racking shows delivered

-  24 Feb 2020 13:33am Left securely in porch.

Photo wit porch added.

Customer send his house porch and it is different, also no that type of porch in neighbourhoods.

How to provide that courier send fake photo?

On photo was right package, porch is different.

Buyer should file a police claim?

 

I am videotaping all packing and weighting process.

I have also photos of packages.

 

Any chance for me to recover that money?

For all of them or for two only?

 

I will go my claims till end, until i get solution, because i know that it will happens again and i need a protocol how to recover money again.

 

Thank you in advance

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If you are sending three separate parcels to 3 separate "customers" then this tends to make you a trader and not a private seller. What makes you think you are a private seller?

Anyway, you will only be able to claim for the value of the parcels as long as they were correctly represented. For some reason rather you have deliberately misrepresented the value of one of the parcels and I'm afraid you will only be able to claim for that lower amount.

Have you begun the claims process? These are quite small amounts and I thought that there was a minimum amount which was automatically covered with the basic delivery cost. Is that wrong?


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If you are sending three separate parcels to 3 separate "customers" then this tends to make you a trader and not a private seller. What makes you think you are a private seller?

 

I have private ebay account and i am not registered as sole trader. But yes, i sell good at eBay in amount. I plan to register as sole trader in thew future, will it affect my claim process against Parcel2go, if another parcels will be lost, after i register as sole-trader?

Anyway, you will only be able to claim for the value of the parcels as long as they were correctly represented. For some reason rather you have deliberately misrepresented the value of one of the parcels and I'm afraid you will only be able to claim for that lower amount.

 

I have got that. I am always write full value now. 


Have you begun the claims process? These are quite small amounts and I thought that there was a minimum amount which was automatically covered with the basic delivery cost. Is that wrong?

 

I have opened claims at their parcel2go homepage. Waiting a response for first claim for 19 days already. 

During, placing an order, you can choose which cover will you buy. They have 20 GBP cover for extra 20-40 cents, and 0 GBP cover for cheaper price. I have placed 0 GBp cover.  Will it affect future claim? They easily will respond- no cover, no refund.

 

P.S. One more package is found missing.  Mostly they are gone after tracking shows (no update since):

 

12/02/2020 - 18:34    Entered the Hermes network    
12/02/2020 - 18:34    Entered the Hermes network    89
12/02/2020 - 11:48    Collected from the ParcelShop

 

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Sorry about making  a post too early. I should read other consumers forum threads before.  I am doing it now, because they are a lot of similar ones;

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Got first parcel claim rejected. I think other ones will be the same.

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Okay – this is not unexpected – but at least it is clear for you now.

First of all we better had address your status as a private seller/sole trader. Although you are not registered as sole trader, you are clearly operating in the line of business – even if it is only part time – and am afraid this gives you a trading status in the eyes of the law.

What this means is that if you decide to go ahead and sue a business, whereas normally as a litigant in person acting privately against a business, the case will be transferred to your local court, because you are functioning as a business, if the defendant tried to put in a defence and push your claim to a hearing, the case would probably be transferred to their local court and that would mean that you would have to travel to wherever in the country that was. If you win then you would be able to claim back your reasonable costs of travel – but of course it will still take up a lot of your time. You need to bear this in mind.

If you were only dealing with one last parcel, then the fact that you were trading would probably pass unnoticed. However because you are dealing with three lost parcels, it is more likely that your business status will be noticed and that might encourage the defendant to push you to a hearing on the basis that you probably wouldn't want to be put that amount of trouble.

You are dealing with a very small amount of money here and so there is a very high likelihood that regardless of your status, the defendant would be prepared to put their hands up simply because it scarcely worth their while going to the time and expense of defending – but you never know. This is a risk that you would have to take.

Were all the parcel sent by way of Hermes? How long ago did this happen? Also, I think it would be a very sensible thing to do to start searching eBay to see if your items appear there. I have a feeling that this is not unknown. You should put in an eBay search and then save it so that you are informed automatically any time anyone of those items appears for sale. What were the items?

We have often encourage people to sue Hermes – and on this kind of value they inevitably put their hands up. I'm not sure if we have assisted anybody in suing Parcel2Go – but I can imagine that the result would probably be the same.

Whether parcels all booked in at the same time? I'm not sure how it works. Did you have to go in and basically make three separate contracts?


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Were all the parcel sent by way of Hermes? How long ago did this happen? Also, I think it would be a very sensible thing to do to start searching eBay to see if your items appear there. I have a feeling that this is not unknown. You should put in an eBay search and then save it so that you are informed automatically any time anyone of those items appears for sale. What were the items?

 

They are camping self-heating meals, or MRE.  It is some sort vacuum sealed food for campers, which has a shelf life of 3 years. I think they will be consumed , not sold.

 

 

Whether parcels all booked in at the same time? I'm not sure how it works. Did you have to go in and basically make three separate contracts?

 

They are three separate contracts. I think that i will get some more lost parcels.  Plan to make a claim, after i get all lost confirmed. 

 

How to deal with package has delivered, but customer states it has not, telling that doors on porch do not belong to him and not neighbors? Amount of that deal is only 12.5 gbp. I think that customer do not lie, because he has received larger orders before, without a problem. Should i ask him to fill a police report? Reason of report? 

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I wouldn't wait until the value increases. The more expensive the claim then the more likely that somebody is going to decide that it's worthwhile defending against.

It seems to me that Hermes is definitely at fault here and so you may as well target them. I expect one of the things that they will try to say is that you didn't have a contract with them. Of course that is right – but on the other hand, you have third party rights – Contracts (Rights of Third Parties) Act and so you are entitled to sue on the contract. Alternatively, Hermes had been negligent.

If you do decide to make a claim in the County Court then we would like to help you avoid having the case transferred to Hermes local court. Can you tell us more about your trading activities. Is this your only means of income or are you simply supplementing something?

How many parcels do you reckon you are sending out per week?


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Actually I just change my view about targeting Hermes. I think you might be better off targeting Parcel2Go because if they get fed up enough with Hermes, then they may be able to pressure them into sorting out their act. Presumably you made your payment to Parcel2Go. Did Parcel2Go offer you a range of couriers and you chose Hermes or did they simply pick Hermes for you?


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Can you tell us more about your trading activities. Is this your only means of income or are you simply supplementing something?

 

We are moved in UK in previous year  (august) from other country , and i am selling only at ebay, without working somewhere else.  I have started to sell 3 months before.


How many parcels do you reckon you are sending out per week?

About 40-50 parcels.

 

There are an options to choose from. Of course it was chosen the cheapest ones (on all shipments).  

 

fdds.jpg

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Okay, I was hoping that your eBay trading was not your main occupation and that we might have been able to say on an allocation questionnaire that it was really just a hobby selling – but it's not.

Anyway, we will do our best.

As I have said, I think property the best thing to do is target Parcel2Go and see what happens.

In that case I think that you need to have a look through this forum about bringing a small claim in the County Court. If you feel happy about bringing a claim then we can help you send the letter of claim and then issue the proceedings.

It's unlikely to go to a hearing for this kind of value – but if it is, are you confident enough to represent yourself before a judge? Is your English good enough to handle it?

County court proceedings at this level are very informal and not in the normal open court – and it would probably be helpful to you to plan a familiarisation visit.


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Hi. Thank you for a response. I will make some self-educating these evening. Also need to re-read and re-think about forum thread. Now i need to spent time for  packing work in storage.

 

It's unlikely to go to a hearing for this kind of value – but if it is, are you confident enough to represent yourself before a judge? Is your English good enough to handle it?

 

I think yes, it is not a problem, my wife has almost perfect language and she can help. Familiarisation visit will be done also, i think.

 

 

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If you bring the action in your name then your wife can attend the hearing – but she may not be permitted to speak on your behalf. You would have to ask permission of the judge. On the other hand she can whisper hints to you.


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Update:

First parcel.

After refused claim, package was delivered in 36 days since posting. Fortunately, when i chat in Parcel2go customer service, they have refunded shipping cost of first package. So honest buyer, shipped it back, using my  prepaid label.

 

Second parcel.  Also was found after 20 days and delivered.

 

Both of them supposed to be delivered  in 2-3 days. Both of them arrived undamaged, with original postage label attached. My hypothesis- they have a mess in sorting centers.

 

Third one- delivered to wrong doors. I hope to find a solution through Hermes CEO e-mails, because Each courier car has a GPS tracker and it is possible to figure out, to what location was actually delivered package at exact time, when picture were taken.

 

Thanks for assistance :)

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Thanks for the update.  Keep hassling them and avoid Hermes in future.  They are useless


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