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    • Thank you. First of all, this is not chronology so we don't have any sense of the timeline. It's still rather complicated – but maybe when you produce a chronology it will come more into focus. However, there are a few things that we can start to tease out. You say that you accepted £250 in an offer which was intended to reflect distress. Although you say that you accepted this offer mistakenly, it may well be that you have no further rights on this issue because of course it would have been up to you to understand the situation properly before accepting any kind of financial offer. However, it would be useful to understand the reach of this offer and so please could you post up the offer letter by uploading it in PDF format. You say that "high-volume messaging" is not explicitly covered in the terms and conditions – but there may be references to "fair use policy" and it may be an interpretive problem rather than looking for words which specifically match your situation. So it will be helpful to know what words Vodafone were relying upon and also what was the extent of your high-volume messaging. Did they give you any warnings. You say that they referred to terms and conditions which you did not sign. However, it isn't necessary to sign terms and conditions. We would have to understand more about the context – but generally speaking if there is an agreement which refers to terms and conditions from the outset and you then embark upon the agreement and use the services, then all the signs would be that you've accepted the conditions of use. Signed written terms and conditions are generally speaking only required in contracts for property or copyright or shares. You say that the contract was put in your sole name despite the fact that the company name was on the agreement. We don't have a chronology so we don't see how long this went on for and you don't explain why you didn't raise any objections to this – or maybe you did? You say that you have sent Vodafone and Lowell an SAR but "so far" you are waiting for a response. This suggests that you sent the SAR some time ago – but you haven't told us anything about when this might have happened. You are referring to obligations under the Consumer Rights Act but I'm afraid that these obligations refer to contracts between a trader and a consumer – and you are not trading as a consumer so these probably wouldn't apply to you. Finally, you are worried about expressing a claim in legal language. If you begin a small claim then you certainly don't need any legal language – and in fact that kind of approach simply gets in the way. Also, it seems to me that you are gearing up to bring a court claim – which is fine, in my book – but you haven't identified your cause or causes of action and you don't have a plan. I think we need to slow down and have a more careful and methodical look at the situation. Otherwise you're simply going to find yourself in trouble
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Rrfierce

Parcel2go Hermes lost package

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Posted (edited)

Posted on 29th April. They said it was delivered on 2nd may. Buyer does not have a card or the item.

 

Raised a claim with P2g who closed it after 7 days showing a POD and GPS location . Buyer didn't sign for it .

 

Buyer sends me CCTV of the van pulling up outside his house  , driver doesn't get out and they don't go to his house. Some one delivers something to another house but not the item. 

 

I raise another claim with all supporting documents and they say that the item (some car springs) are on their prohibited list and are therefore not covered 

 

"Small Vehicle Parts Including Headlights, Taillights, Gearboxes, Motorcycle Parts Etc"

 

 

Edited by Rrfierce

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Welcome to the forum.

Please can you tell us more detail.

What was it you are sending? Are you a trader or was this simply as an individual? Were these items which had been sold?

 

What was the value of the items? Did you put the declared value and if so what? Did you buy their so-called "insurance"?

That lot for starters


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It was some car springs sold on Facebook via PayPal. Covered by PayPal and I paid extra for parcel2go full insurance for £100 which is what the buyer paid . I put the item contents as springs 

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And is that the value of the springs? Is it what you paid for them? Or was it what you sold them for?

What kind of car springs – suspension? Coil or leaf? Are we talking about a large package, a heavy package?


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Yes that's what I paid for them and what I sold them for. They are coil suspension springs in a large box 30x40cm and around 10kg in weight 

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Okay thanks. So I gather that you you sold them exactly what you paid for them – no profit.

Have you seen the recent television programme which is linked here somewhere about Hermes parcels often ending up at an auction house to be resold even if they still have their senders or the recipients address labels on?

Have you read through the Hermes related threads here?

If you haven't then please will you spend a bit of time doing that so that you understand the situation.

I expect we can help you get your money back


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