i got default CCJ against Parcel2go for lost parcel- **SETTLED**

[DisgruntledConsumer123]

Hello, I’m looking for some last minute tips and advice on how to tackle a county court hearing against parcel2go tomorrow regarding my pram they lost via Hermes. 
 

The value is £560 but because I only paid the £20 delivery free and not the additional insurance then they’re only offering £20.

 

I have followed the process of letter before action, small claims court and the judge ruled in my favour as they didn’t respond but because of Covid parcel2go are claiming the didn’t receive the claim so are defending it in court. 
 

I’m worried that they will just say that because I agreed to their T&Cs then I don’t deserve the money back but I’m so angry that a company can get away with things like this??

 

it’s probably too late as the hearing is tomorrow morning but if you have any advice on my legal rights then it’d be much appreciated 

 

 

[AndyOrch]

Hi and welcome to the forum.

 

It is cutting it a bit tight......from the above and reading between the lines....is the hearing tomorrow to hear their application to set a  side or have have you already passed this ?

 

Topic moved to the appropriate forum.

 

Andy

[DisgruntledConsumer123]

Yes it’s the hearing for the application to set aside judgment. I’m new to all of this so really struggling to understand what is even going to happen on the call?

[AndyOrch]

Okay well its not the full hearing tomorrow...this is just to see if they do have grounds to set a side the judgment...and if they are successful the claim will progress in the normal fashion .....allocation etc etc.

 

Did you not submit a witness statement stating your objections and reasons in response to theirs and their application ...or do you accept its a genuine reason...after all we could all say anything and its down to Covid19.

[DisgruntledConsumer123]

To be honest I didn’t know I could do that but don’t see how I could prove they didn’t receive their post because of COVID.. very annoying! So will they do all the talking at this point?

[BankFodder]

yes, what a shame you didn't come to us before. However I'm afraid that on the basis of covid I'm quite sure that most set aside applications will succeed and I'm sure it will do in your case as well.

however that gives you a breathing space and I would suggest the after the hearing you come back here and you post up the claim form and the defence and also set out the story carefully in a bullet pointed chronology.

 

We can then help you you to deal with the next stage of your case

 

[AndyOrch]

Yes it states it within their application and the Court Order that accompanied it that you had 7 days to submit a response pre hearing date......but as stated I suppose there is very little to actually object to.

 

So yes let them do the talking and how this claim magically never arrived ......the Judge will most probably allow...but you never know.

[DisgruntledConsumer123]

Ok thank you both, I will let you know how tomorrow goes and would really appreciate your help when it proceeds

 

have you had any success cases for this issue?

[AndyOrch]

A fair few search "  Parcel2go " in this forum.

[DisgruntledConsumer123]

Thanks I have but couldn’t find any success stories and how they did it

[AndyOrch]

I thought we had a few....but your correct cant see any marked " success"...the following thread my be of help to you.

 

 

[DisgruntledConsumer123]

Really useful to build my knowledge thank you

[BankFodder]

I don't think we've had any successes in the formal sense – in that there haven't been any judgements against Hermes – because they have always put their hands up and settled rather than go to court. This is because by and large the sums which are being claimed are fairly small – typically less than £200. For £560, they may well go to court.

There was one judgement in which Hermes succeeded but we consider that it was very badly argued and also the claimant was unlucky with the judge. The claimant hadn't come here for advice and we only found out about it afterwards.

Just recently there was a claim for £1250 which went to mediation. Before the claim was issued, Hermes offered about £27. At the beginning of the mediation they offered £300. They eventually offered £1100 and this was accepted. This included costs so in fact the claimant was out of pocket by about £400 including costs. We consider that the claimant could have done better but at least it was out of the way and the claimant knew where he stood. He was happy with it.

When we get more information about your claim then we will be able to give you a better opinion.

If your claim is being declined on the basis that you didn't have insurance then we have lots of discussion about this and you would make your arguments based on the fact that the requirement of insurance to insure themselves against their own negligence amounts to an unfair term.

[DisgruntledConsumer123]

So update is that we settled on the call for £330 to avoid the stress of court proceedings

[BankFodder]

Okay. Thanks. I'm glad you've got a result.

Could you just remind us how much the claim was for please? And also how much you paid in costs?

[DisgruntledConsumer123]

Just now, BankFodder said:

Okay. Thanks. I'm glad you've got a result.

Could you just remind us how much the claims for please? And also how much you paid in costs?

Claim was for £560 and I paid £60 fee so they paid half fees and £300. I am disappointed as I know I’m entitled to the full amount but I couldn’t go through the stress to maybe get nothing in court 

[BankFodder]

Thank you. Yes you are badly out of pocket and I'm sorry about that. Still I suppose that it is a weight off your shoulders. It's really quite disgusting that Hermes inflict this on people through their own incompetence and dishonesty in the way they try to impose liability on their customers by trying to force them to get their own insurance.

Anyway, the fact that Hermes is settling cases which are brought to court for much greater sum than they originally offered, shows how hopeless Hermes realise that their position is and how anxious they are to avoid a judgement against them.

Only last week, Hermes settled £1100 against a claim for £1250.

I don't want to make you feel bad, but I'm sure that you could have pushed it up a lot more than that – but clearly it has been stressful for you. You have Hermes to thank for that. They are clearly a bunch of bullies and they don't deserve the custom and the trust of their customers.

[Its WAR]

Going to court is stressful and can take  hours and hours of study and preparation, often for chasing a small sum, often for an amount that is not worth the time and stress involved in winning.  On the other hand, I take the view the stress is nothing more than a competitive adrenaline, a technical game of chess, a bet on the horses, a day on a business training course.  All such things might cost a similar amount that we fight for. Win or lose, we gain experience that makes a small sum worth fighting for. We gain practice and experience if ever there is a time when the stakes are much higher. Well done for testing the water and showing yet another claim fails to reach a hearing, therefore suggesting nobody really needs to worry about a hearing, if the battle is to win a pre-hearing settlement first. I will be quite disappointed when Parcel2go settle  my case before my hearing, which is why I will be refusing any offers to settle less than the full amount.

[DisgruntledConsumer123]

Good for you, good luck hope you win!!!

[BankFodder]

It would still be helpful if you would post up your claim form and also their defence please in PDF format – redacted