Sent phone by Packlink/Hermes without insurance - Got damaged and thrown away!!

[BankFodder]

I hope you kept evidence that you have blocked the phone

[Mobyrezidy]

Yes I got it in my email that the phone is requested to be blocked, Also I sent the SAR. form thru the royal mail tracked and required signature upon delivery. I kept track on when I sent that letter, Also I want to ask does the one month period starts counting on the day they receive my physical letter or when I sent them the email version of SAR.? Also I managed to get response from the Hermes with the stated below: 

 

>Thank you for advising us that your Packlink parcel has not been received. 

 

>I completed a thorough investigation and unfortunately have to confirm that the item is unaccounted for. It would need to be Packlink you speak to as we have no further tracking for the item. Sometimes if the item is to damaged it will be destroyed by the depot and wont get sent on.

 

> I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.

 

>Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here (packlink loss claim link)

 

As expected Hermes dont want to take any responsibility for the damage and directs me back to packlink. But they actually acknowledged that my item could be thrown away because of the damage which is probably good and I can use this against them at some point. What should be my next steps now? Should I tell them that it was their responsibility to provide proper delivery service and it is up to them to insure against their own negligence? Also ask for full refund and if they deny it that I will be taking this to the court authorities?  

[BankFodder]

Sorry, but we are getting so many of these cases I'm losing track.

Have you begun the complaints process against Packlink? Your complaint against Hermes has resulted in a denial of responsibility – which is no surprise.

I think it is reasonable to begin a complaint against Packlink to see what they say. Of course they will offer you the minimum amount. Once you have this then we can go ahead and issue a letter of claim against Hermes.
So begin the complaint against Packlink – and also start drafting the letter of claim against Hermes. Post it here so we can see. Keep it pretty short

[Mobyrezidy]

I did complain to Packlink support a long time ago but Packlink just asked me to fill the loss claim form, and after couple days they told me that all they can compensate is 25£ as there was only standart insurance upon my item. I refused the compensation and asked them to reconsider the value after they again told me that all I am entitled is 25£ so I told them that I refuse. After couple days the 25£ transaction still came to my bank account so there is nothing more I can do with Packlink I guess. In a meantime I will start reading how to formulate proper letter of claim for Hermes and will post it here for your approval. Thank you in advance! 

[Mobyrezidy]

This is what I am planning to sent as a claim letter to the Hermes, Please let me know what needs to be changed here. Also I am not sure what numbers should I include in the claim reference number. 

Quote

Dear Sir/Madam

Parcel reference number #xxx– claim reference number #xxx
Letter of Claim

 

On  the 4th of November I used your services to send a parcel containing Huawei P30 pro phone with the value of  365£
The parcel did not reach at its intended destination and I got the information from yourselves that the parcel was damaged in the process and thrown away without my consent.

I therefore looking for the compensation of the parcels value of 365£.

 

I am fully aware that it is an often practice for you of losing or damaging thousands of parcels that have been placed into your hands. I am fully committed to expose your poor handling of the parcels to the court and your record will be exposed before the judge authorities – including the social media and newspapers. Throwing away belonging that are not yours without its owner consent is a serious crime which may be addressed as a stolen property.

If I do not receive this sum in full within 14 days then I shall issue a claim in the County Court and without any further notice

Yours faithfully

 

 

 

Lastly, Should I sent this letter through the post office with the signature as well? Thank you!

 

 

[BankFodder]

I'm afraid that the ranting stuff doesn't look good and has zero effect.

 

 

Quote

 

Dear Sir/Madam

Parcel reference number #xxx– claim reference number #xxx
Letter of Claim

 

On  the 4th of November I used your services to send a parcel containing Huawei P30 pro phone with the value of  365£
The parcel did not reach at its intended destination and I got the information from yourselves that the parcel was damaged in the process and thrown away without my consent.

 

If indeed my parcel was damaged then it was damaged by your negligence and in breach of our contract. If my parcel was damaged then this would be entirely consistent with your reputation for poor handling of other people's property whilst in your care.

Furthermore, you have no authority to dispose of my goods in any event. I have requested evidence that my parcel was damaged and then destroyed and you have failed to respond to this request.

I therefore looking for the compensation of the parcel's value of 365£.

 

I am fully aware that it is an often practice for you of losing or damaging thousands of parcels that have been placed into your hands. I am fully committed to expose your poor handling of the parcels to the court and your record will be exposed before the judge authorities – including the social media and newspapers. Throwing away belonging that are not yours without its owner consent is a serious crime which may be addressed as a stolen property.

If I do not receive this sum in full within 14 days then I shall issue a claim in the County Court and without any further notice

Yours faithfully

 

 

 

 

 

 

 

[Mobyrezidy]

Dear BF,

I have a question regarding my further actions.

 

I sent a a letter of claim via email on 25th of November so it's been 15 days since I sent it but still got no response from Hermes.

 

Also I sent physical form of this letter and it was signed by Hermes only on 30th of November.

 

I wanted to know if I should issue money claim right now or wait 4 more days since the physical form of this letter was received only on 30 of November thus 14 days period still did not pass. 

 

Thank you in advance!

[BankFodder]

Did the letter of claim you sent refer to the email that you sent earlier?

[Mobyrezidy]

Yes, I send letter of claim as an email version on 25th of November  and another separate physical form of this letter with my signature but it reached Hermes 5 days later. 

[BankFodder]

Well if the hardcopy letter didn't actually refer to and confirm the email then it amounts to a separate letter of claim. In that case, give it the extra four days.

You should have made it clear that you were referring to your email

[Mobyrezidy]

Yes, that was my bad, I will wait 4 more days then and issue a court claim if they wont respond with anything positive.

[BankFodder]

I'm very sorry but this is an extremely long post and a solid block of text which makes it very difficult for anybody to follow.

Please could you repost it using proper spacing et cetera.

I see that you have used numbered paragraphs but they are not spaced in paragraphs.

Thank you

 

In fact I notice that you are trying to post up the defence. Please can you simply post it in PDF format and in that way we will see the original and nobody will have any difficulty at all reading it.

[Mobyrezidy]

Sorry about that, I just copy pasted everything that I got as a reply from Hermes defence here:

 

1. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely.

 

2. The Defendant serves this Defence subject to the following objection to the manner in which this claim is brought. The Particulars of Claim fail to provide details about any contractual relationship which is alleged to exist between the Claimant and the Defendant. Background

 

3. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services on a business to business, business to consumer and consumer to consumer basis.

 

4. In addition to providing delivery service to its own customers, the Defendant also works as a subcontractor to provide delivery services to customers of PACKLINK Shipping S.L (“Packlink”) who are a company registered in, Spain with the number CIF B83357863 whose registered address is Calle Amaltea, 9 28045 Madrid pursuant to a pre-existing commercial agreement to carry out delivery services. 5. Packlink provides delivery services to users of the online auction site/retail site ‘eBay.co.uk’. eBay.co.uk users can opt to use the Defendant’s delivery services via Packlink. This means that the Defendant does not have any contractual relationship with Packlink ‘s customers. They, as is the case with the Claimant, contract solely with Packlink.

 

6. As there is no contract between the Claimant and the Defendant, the Defendant only has limited (tracking) information about the parcel.

 

7. The tracking information shows that on or around 4 November 2020, the Claimant’s parcel entered the Defendant’s delivery network after the Claimant sent the parcel via one of the Defendant’s ParcelShops.

 

8. The tracking information indicates that the Parcel was damaged whilst in the Defendant’s delivery network and could not be delivered. The Claim Value

 

14. The Claimant seeks to recover £400.00.

 

15. The Claimant is put to strict proof as to the value of the claim. The Defence

 

16. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.

 

17. This Defence is a response to the Particulars of Claim which are set out in the ‘Particulars of Claim’ on page 2 of the claim form. Claim Form – Particulars of Claim 18. The first sentence of the Particulars of Claim is admitted.

 

19. The second sentence of the Particulars of Claim is admitted insofar as the Defendant was subcontracted to deliver the Parcel it is neither admitted nor denied what the Parcel contained and the Claimant is put to strict proof.

 

20. The third sentence of the Particulars of Claim is admitted in so far as the tracking shows that the Parcel was damaged and could not be delivered.

 

21. The fourth to fifth sentences of the Particulars of Claim are neither admitted nor denied and the Claimant is put to strict proof. No contractual relationship

 

22. There is no contract between the Claimant and the Defendant.

 

23. The Claimant entered into a contract with

 

24. This was made very clear during the order process.

 

25. The Claimant should desists with this claim and contact Packlink Claim for compensation

 

26. The Claimant claims £400.00 27. As explained above, it is denied that the Defendant owes the Claimant £400.00.

[BankFodder]

Also, I see that on 18 November we suggested that you send them an SAR. Did you do this? Have they responded?

 

And also, have we seen a copy of your particulars of claim? I'm not sure that we have

[Mobyrezidy]

I did it, and they signed my physical letter as well but haven't responded at all. So I filled IC complain form after 30 days but they haven't responded yet.

[Mobyrezidy]

This was my particulars of claim:

 

Reason for claim:

Tracking reference: #xxxxxxxx. Defendant Hermes courier company undertook to deliver claimant's phone Huawei P30 Pro value of 365£ to address in the UK. Defendants broke the parcel through their negligent handling in their sorting hub and thrown it away without the claimant's consent. All the photographic proof was rejected. The claimant seeks compensation for the defendant's breach of contract or alternatively negligence: £365+court fees.

 

 

Evidence summary:

 

Letters, emails and other correspondence: Email address with the Hermes support stating that the parcel was damaged and thrown away.

Photo evidence: Video of me packing and sending the parcel. 

Receipts: Hermes tracking receipt.

[BankFodder]

Okay – on the question of the breach of data protection regulations through their failure to respond to your SAR, you have the basis for a separate action for that and I think that it would be reasonable to claim £50 for distress. If you would like to do that then we can help you.

On the basis of the defence that you have post up above, this is absolutely a standard defence and I see that so it seems to be cut off. Paragraph 23 seems to be an unfinished sentence.

Unless you have missed something out – this is the usual sloppy documentation that is produced by Hermes. Whoever is putting this kind of stuff out should be sacked.

I notice that they want proof that the package contained a phone. However they haven't provided any evidence that it was damaged and they haven't explained why it shouldn't have been returned to you.

It's the usual nonsense.

The next step will be that you will receive a directions questionnaire and if you want to proceed with your claim then you will have to pay an additional fee which you will get back if you win. It is most likely that Hermes will indicate that they are prepared to go to mediation and you should probably do so as well.

Read around this sub- forum. You will see that there are several very good descriptions of the mediation process and how it went. Also, I'm going to post links to a couple of posts which I put up recently giving advice on situations which are extremely similar to your own.

Let us know if you would like to make trouble over their breach of the SAR. It should have been returned to you by now and that would have contained evidence of the damage et cetera. I see that they are withholding this.

 

[BankFodder]

 

 

 

 

[Mobyrezidy]

Yes, I would like to do that regarding my SARS form as there was no response at all from Hermes on any of my emails, but I am not sure how to further proceed with that

 

Regarding the defence claim, should I do everything online or there is a separate physical questionnaire I need to fill? Also what should I write regarding my dispute of their defence? And I got a video proof of me packaging my phone in a double bubble layered parcel in case they will try to dispute it.

 

Regarding the claim, I am fully committed to pay extra fee for additional claims. And should I do everything in on the same website?

 

Lastly, they already asking for mediation, so I will be reading on older stories on how to talk during the phone call. Thank you in advance!

[BankFodder]

In terms of how you respond to the defence – you now simply wait for the DQ and complete that. Let us know when you get it.

 

You say that they are already asking for mediation. Where are they doing that?

 

In terms of suing for their failure to disclose personal data – you would simply do this first of all by letter, writing them a letter of claim giving them 14 days to address the matter and then afterwards you would issue a claim online in broadly the same way that you issued the claim for their breach of contract.

 

 

[Mobyrezidy]

I used .moneyclaims.service.gov website to open a money claim and I have a message that is stating that:

 

Hermes© UK has rejected your claim.

You need to decide whether to proceed with the claim. You need to respond before 4pm on 22 February 2021. Your claim won’t continue if you don’t respond by then.

 

and I have to complete 3 sections to proceed further so I am not sure if I should wait for DQ or make my move online as I have 1 month to respond.

 

Regarding the mediation I got money claim response receipt and Section 3 stated that:

 

3. Mediation: Willing to try mediation - Yes

 

So I have to respond whether I want to try to mediate with Hermes.

[BankFodder]

Okay. Fill it in then and agree to mediation. You may as well move it along as quickly as possible

[Mobyrezidy]

After completing the 3 sections this is what I got:

 

What happens next:

You agreed to try to resolve the claim using mediation.

A mediator will contact you and the defendant in the next 14 days to arrange a call.

 

So I think I need to get ready for the mediation process and think what I should say to dispute Hermes defence now.

 

Also what should I say if the ask anything regarding using Hermes delivery through the Packlink services.

[BankFodder]

I'm sorry to say but it is pretty clear that you haven't read around the other Hermes stories on this sub- forum and you don't even appear to have read some of the posts that I have put up on this thread.

 

The issue of Packlink has specifically been referred to in about post number three of this thread. Also you have been urged on at least three occasions on this thread to read around the sub- forum at the other Hermes stories.

 

All the issues that are coming up in your claim and raised by Hermes defence have been dealt with repeatedly and there are lots of threads with very substantial  explanations as to the appropriate arguments. I even posted up links to to useful threads earlier on today.

 

We are posting this stuff up for a joke. We are posting it up to you to help yourself. You have to invest yourself in this because the case is yours to win or yours to lose and if you win then the money is yours to keep. You can win this easily but if you simply need to be spoonfed all the time and am afraid that you won't be sufficiently confident and also you won't be sufficiently in control of what you want to say when the mediator was on the telephone.

 

Fill in the form that you have been sent and send it off and then start reading around this forum and certainly you should come back here when you have read around thoroughly and you still have questions and we will be very pleased to help you.

However, you've got to do some of the work yourself – that is the deal here.

[Mobyrezidy]

I just went through a mediation process today. I agreed to settle on 375£ Because of initial 25£ compensation by packlink. I probably could push to the whole 400£ sum but I made a mistake and haven’t mentioned the breach of SAR request in the initial small court claim so I was told by mediator that I cannot use it as a gesture of negotiation this time. Overall I am very happy with the outcome! It was first time I had to try myself in a such formal environment and was pretty nervous but I managed to control the phone call pretty well in my opinion. As a conclusion If I managed to win then anyone can! Just dont be scared to act and with the help of this forum you will get back what belongs to you! Special thanks to Bankfodder, I couldn’t win this without your help!