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    • Ok, thank you for the responses. I have just finished my letter now and hopefully it's good enough.   Dear Gladstones Solicitors,   Much appreciated in providing me with a letter before claim, it’s helped me understand how to fight against these types of con artists for the future.   Just to be clear, I have no interest what so ever in paying the £155 since it is a made-up ridiculous fee with no explanation behind the justification of this ludicrous sum of money you are trying to rob from me.   Photographs of the poorly maintained site with the poorly placed written signs have been taken by the driver and will be confidently provided for evidence in court. The driver did obey the best a person could to your client’s badly written signs. There seems to be no planning permission by the council either for the ANPR cameras to be installed in this area.   First it is a criminal offence, which means your client has failed at the first hurdle of their Code of Conduct- that they must comply with all laws relating to the running of the car park. It also calls into question their ability to be able to collect data from the DVLA.   They are in breach of the Town and Country [advertisements] Regulations 2007 by not having the necessary permission despite the fact that it is illegal not to have permission and a contract cannot be formed from an illegal act. However the offence is also covered by The Consumer Protection from Unfair Trading Regulations 2008 - Section 5 Misleading Actions [3] ]b]     Always give crooks long enough rope to hang themselves with. I look forward in seeing how your clown scam tactics play out in court.   (only include reference number and full name here?)   I can only respond through Gladstone online Reply Form unless I request a paper version of the Reply Form instead. Should I get the paper version so I can use Royal Mail to send the letter that way?
    • So I had my mediation with Hermes and it was not successful i.e. we couldn't come to an agreement to settle out of court.   This was my mediation process:   First call from the mediator was received at 1:03pm which was close enough to the start of my alotted time of 1pm-4:30pm. The mediator introduced themselves, confirmed the intention of the mediation and asked if I could provide a short summary of my claim and any points I would like to raise with Hermes. I mentioned the claim amount and raised the argument that Hermes inherit the liability under the Contracts (Rights of Third Parties) Act even though I booked through Packlink and that there is a systemic problem with Hermes and their business model. The mediator said they will take this to them and call back after discussing with Hermes. Call ended 1:09pm (lasted 6 minutes).   Second call from the mediator was received at 1:15pm and they said that Hermes' stance is that my contract was with Packlink and not with them. Hermes mentioned they had investigated with Packlink and that I did not pay for insurance for my item but they were willing to offer me the standard claim amount of £25 plus £2.86 postage = £27.86. Of course I did not entertain that offer and I said that the whole point of having to pay extra to insure my item against their own negligence is absurd. Hermes also stated that this item was on Packlink's prohibited list. I replied that this so called list was not made clear to me when listing my item on ebay or purchasing the label through Packlink (which is ebay's affiliated choice for purchasing postage) and I would bring up the whole question of prohibited items for consideration by the judge if it goes to court. The mediator asked what I would be willing to settle at. I said I am not willing to budge from my claim amount of £357.84 which includes court costs. They reminded me that they don't see Hermes willing to accept that and that the whole point of mediation is to be willing to be flexible. I stood firm and said I am not budging from this amount and that I am being flexible by not taking Hermes to court and willing to settle now. The mediator said they will discuss with Hermes and call back. Call ended 1:27pm (lasted 12 minutes).   The third call from the mediator was received at 1:32pm and they mentioned that Hermes were willing to offer £300 as a goodwill gesture plus the £2.86 postage costs = £302.86. They said £300 is the maximum they can offer to settle for this process. I stayed resolute and asserted I am not willing to go any lower than my claim amount. I said it's not so much about the money and reiterated that the routine denial of liability and having to pay extra for insurance is a systemic issue with Hermes and that I have evidence that many other customers face the same problem when using Hermes which I am willing to present to the presiding judge if this goes to court. Only if they were willing to pay me back the full claim amount then I would drop the case. The mediator did mention that taking this to court I may also lose which would mean losing further court fees (£55 I believe they mentioned as the fee) as well as time and effort in preparing for the case. I repeated that paying the extra costs and risking the money is not so much of an issue to me. I also added in there that a national newspaper are sniffing around at this story and if a judgement goes against them then I won't hesitate to share with them and across social media a copy of the transcript. The mediator asked if they were happy to share this detail to Hermes which I agreed. They said they will discuss with Hermes and call me back. Call ended 1:36pm (lasted 4 minutes).    Received the fourth and final call from the mediator at 1:39pm and they said that Hermes were not willing to improve on the offer, reiterating they would argue to the judge that my contract is not with them and is with Hermes so this case cannot be settled through the mediation process and I would receive further details on the next steps. Call ended 1:40pm (last 1 minute).   I am somewhat surprised that Hermes were willing to offer up to £300 plus postage costs given their arguments but would not settle by offering my full claim costs.   In terms of the mediator's attitude, they did add a bit of pressure in trying to get me to be flexible i.e. settle for a lower amount. I suppose it is their job to get this settled out of court. They did also mention on a couple of occasions that it may be months before this case is looked at, with the covid situation it may not be in person and that I would have to go through the motions and prepare which would take time and effort on my behalf. However as noted above in this thread I wasn't willing to settle for a lower amount so let's see how it plays in court.   Any advice on the next steps BankFodder?  
    • all uploaded images merged and vastly reduced in size full DQ above.   you should have room now to upload the rest of the required docs but not all single pages please!   dx  
    • woe slow down put them ALL in ONE multipage PDf please   use pdfreducer and merge pdf if you have too.   cant be here all day downloading single pages. read upload carefully   claim no in 1st page removed. dx  
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    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
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      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
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      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
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Parcel2Go £0.00 Parcelforce £100


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Yes, a little bit of hassle. Letter sent, thank you. Certifcate of Service N215 doesn't appear to be able to add to file on MCOL though.

Its WAR

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No, as far as I remember, you have to complete the certificate of service and then keep it safe on your file and then you would include it in your court bundle later on.

Have a look on the court services website and you will get more information. Maybe you could post it up here

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  • 2 weeks later...

No defence entered yet. Today is the deadline. Feeling disappointed. What happens if they do not defend? I guess I am forced to request judgement?

Its WAR

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No, you are not forced to request judgement. You can simply let it go, let them off the hook, forfeit your money, forfeit the cost you have paid, and go to the pub.

On the other hand, you could request judgement and then when you had the judgement you could instruct County Court bailiffs to go round the and enforce the judgement.

Of course they may then suddenly wake up and apply for set-aside that they would be stupid if they did, but it would be fun.

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If they did make application to set a side you would get your hearing.....a default judgment is far cheaper than a defended judgment...no hearing fee.

We could do with some help from you.

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  • 2 weeks later...

Parcel2go  have lodged the following defence. Bankfodder asked earlier if I had it in writing regarding  the courier throwing away one of my lost parcels. I think the defence answers that question. As for my not sending them further particulars of claim...........they had this info in the notice before action.

 

I Chelsea Walton, of The Cube, Coe Street, Bolton, BL3 6BU, say as follows: -

 

1.            I am the Asset Protection Officer, employed by the Defendant. I am duly authorised by the Defendant to make this Defence on their behalf.

 

2.            The facts and matters set out in this statement are within my own knowledge unless otherwise stated, and I believe them to be true. Where I refer to information supplied by others, the source of the information is identified; facts and matters derived from other sources are true to the best of my knowledge and belief.

 

3.            We take orders via our website.

 

 

 

THE DEFENCE

 

4.            Claimant booked and paid for three different orders via the Defendant website, all orders were booked to be collected and delivered to different locations, two orders being within the UK and the third order being an international service, all order were booked with different couriers, however, the Terms and Conditions accepted were the same for all order as these were all booked with the Defendant.

5.            When booking the services with the Defendant the Claimant is required to enter the contents and the value of each item being sent, the Claimant listed these as follows:

             P2G72688831 – UK to UK Order – Parcels:"Set Square" (10x10x10, 0.2kg - £15.00)

             P2G73791621 – UK to UK Order - Parcels:"Gazebo" (125x25x25, 22.7kg - £135.00)

             P2G74330511 – UK to FINLAND Order - Parcels:"camera" (30x27x20, 2.6kg - £30.00)

6.            When entering the order value during the booking process, the Claimant is then provided with a pop-up requesting they protect their goods fully against loss or damage in transit. The pop-up message is read like this:

7.            Example from order P2G73791621 – “Don't get caught without enough protection should the unexpected happen. You can protect your parcel up to the value of £10,000.00

Yes, I would like to protect my £135.00 parcel against loss or damage for £6.75 exc VAT.

No, I'm willing to risk my £135.00 parcel. I'm not worried about potential loss or damage.”

8.            The additional amount to protect your goods differ with each of these orders. Increased protection can be purchased at a rate of 5% of the value of the item.

9.            However, the wording listed above requesting the Claimant protect their goods full is provided the same in each order. Claimant opted for the zero protection on all three orders, meaning these will be sent without protection for loss or damage.

10.          On the final stage of the booking process the Claimant is again provided with another pop-up message which is read as follows (different amounts will be shown for different valued orders):

“You Haven't Fully Protected Your Parcel

To increase the protection to the full value for your order it will only cost you £6.75 exc VAT extra.

1. Amount of Protection

You have not selected any cover for your parcels, even though your item’s declared value is £135.00. We strongly recommend that you have full protection cover in case of loss or damage. Also please note that you are responsible for certifying the true value of the parcel's contents.”

11.          Claimant again chose not to protect each of these parcels and selected the ‘No, I don not want to be protected against loss or damage’ option.

12.          The Claimant then accepted the Terms and Conditions and went on to pay for these orders.

13.          During transit, one parcel (P2G72688861) was confirmed as being damaged and due to health and safety risk this was disposed of, the other two (P2G73791631 and P2G74330511) were deemed as missing after an investigation was conducted.

14.          All three orders had claims on them and all three orders were rejected based on the protection during the booking process, as the zero protection option was accepted all these claims were closed as parcel protection not purchased, a refund of all three orders carriage fees has been processed since the claims were rejected.

15.          Multiple emails were exchanged for all three of these orders and the Claims Department for the Defendant confirmed each time the reason the claims had been rejected. Claimant was not happy with these responses and a Letter Before Court Action was sent and responded too.

16.          In the response from the Claimant they mention that the service booked for the order containing a Gazebo was booked through Parcel Force 48 as they offered standard £100.00 protection and they expect that to be refunded. It would seem there was confusion relating to the order P2G73791631 and so the Defendant replied with the following message:

“ You have mentioned that you asked to buy the Parcelforce 48 service from Parcelforce, if you had booked with them directly you may have been provided with £100.00 cover, however we are not Parcelforce. Parcel2go.com offer a cheaper comparison on all the couriers used however all protection purchased is via Parcel2Go.com we do not claim anything from the courier and any pay outs for claims are based on protection purchased we are self-certified and all the claims paid are based on the protection purchased. The onus is on you to ensure all the booking is correct and you were advised on more than one occasion that you would not be protected unless protection is purchased.”

17.          Prior to selecting the courier service, we also offer all our customer to choose a standard protection service or a zero-protection service, the standard protection offered is £20.00. If the Claimant accepted this as a service the claims would have been settled for the standard amount £20.00, or lesser dependant on the value entered, due to this the Defendant offered a goodwill gesture of £20.00 for all three claims, totalling £60.00, this would have been the maximum they could have claimed if they chose the standard protection service (without fully protecting their items).

18.          Claimant declined this offer and began the court case against the Defendant. As stated in the Claimants Particulars of Claim, no separate detailed particulars were received since the Service of the Claim form.

19.          When booking this order, the Claimant is required to accept the Terms prior to paying, the Claimant agreed to this and in particular the following sections:

 

The Extent of our Liability

 

6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7.

 

6.5 We shall not be liable to you under any circumstances for:

 

(a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or

 

(b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission.

 

6.6 We shall not be liable to you:

 

(a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights;

 

(b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or

 

(c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us.

 

The Limitation on the Amount of our Liability

 

6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us.

 

 

 

20.          The Claimant has no real prospect of success as liability is excluded by the Defendant's standard Terms and Conditions which were agreed by the Claimant.

 

21.          The Defendant knows of no other compelling reason why the case or issue should be disposed of at court.

 

22.          The Defendant seeks no costs.

 

STATEMENT OF TRUTH

 

I believe that the facts stated in this witness statement are true.

 

 

Signed: Chelsea Walton

 

Its WAR

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Okay. No surprises. It's predicated completely on the fact that you didn't take out their insurance.

I have to say that it is marginally better drafted than the rubbish that people get from Hermes, but the arguments are basically the same.

Have a look carefully and see what you think and if you want to proceed. At some point you should get directions questionnaire

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I already consider I have a good argument for having contracted with them to buy Parcelforce 48 which has £100 compensation, but they supplied me with a service without the compensation. ie not Parcelforce 48 but something purported to be Parcelforce 48. And they failed to return to sender one parcel which they chose to throw away instead. I expect the camera to Finland might be a weaker point as P2G (will sell you a pointless  insurance) because the item is on their excluded list, so it wouldn't be covered even if I had ought insurance. Anyway, with a few good arguments to support an hour or so in a virtual court hearing (I guess it might go that way), I reckon I will give a good enough accounting for myself. Happy to have any advise though.

Its WAR

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Okay, can we just go over what has happened here – be it carefully please. Skip the narrative.

You sent three parcels – and they managed to lose two of them! a third one apparently was damaged in some way or the packaging was damaged so they disposed of it because of some danger to health.

Also, you seem to be saying that when you instructed Parcel2go, you instructed them to use Parcelforce – but in fact they used Hermes. Is this correct?

In respect of the pagoda which was disposed of, have you got any photographs of the packaging?

 

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Reads more like a witness statement than defence.....

 

Quote

STATEMENT OF TRUTH

 

I believe that the facts stated in this witness statement are true.

 

We could do with some help from you.

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Hi Bankfodder. 

 

The item they disposed of was the 50 year old wooden T square. It was damaged in transit and rejected by the addressee. (No risk to health unless your dad used it to smack the back of your legs in the 70s). I didn't insure it as the item was only worth £15

 

It was a gazebo that was lost.  I selected Parcelforce 48 (from the P2G courier options) and they used Parcelforce 48 as the service, but my contention is the service I received lacked the £100 compensation that comes as standard with PF 48, Therefore P2G  used something purporting to be PF 48 but was something of lesser specification masquerading as PF 48. I didn't take out P2G insurance because I expected PF 48 insurance to cover any loss.

 

The other lost item (to Finland) was a vintage camera (an item on their insurance cover for loss only listing). I didn't take out insurance because the item was only worth £40 and would only have cover for loss.

 

I have no photos of any packaging.

Its WAR

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Is there anything on their website which suggests that if you choose Parcelforce, that it is anything different from the standard Parcelforce service that you might get if you went to them directly?

 

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7 hours ago, Andyorch said:

 Reads more like a witness statement than defence.....

 

Quote

STATEMENT OF TRUTH

 

I believe that the facts stated in this witness statement are true.

 

 

 

 

Yes, I hadn't picked that up. And in any event, it is not the up-to-date statement of truth which also makes it clear of the consequences of making a full statement. To that extent, the statement of truth is invalid.

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I haven't found anything on the P2G website to suggest  you get anything  different than the standard PF48 service. There is nothing to suggest you are buying a discounted product at the expense of receiving a product with some features excluded.  Neither do they mention that PF48 comes with £100 compensation as standard if you bought direct from Parcelforce  (to find out that, you have to go to the  Parcelforce website). They still offer you the option to buy extra insurance from them even though it is a standard item for the service. But why would you buy extra insurance if the product already has it included?

Its WAR

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Okay will make sure that you have printed out or screenshotted all the available evidence

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