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    • to be safe i've hidden the upload  to date i can see your pers info on pdf page 25?
    • SO if you refer to the bottom of the order you have the option to set it a side vary or stay it...but involves an application and fee...so I would suggest you get back onto Portsmouth and ask what exactly is the Order for ?   Inform them they have not served any documents on yourself or served a Certificate of service and given the errors of MCOL/ Portsmouth ask the court to clarify exactly what's happening in the claim.
    • I heard a noise downstairs. I had just got out of the shower. Threw on leggings ran downstairs getting dressed, just managing to put my top on. I walked into the kitchen a man all in black with a protective vest on. He had gold numbers on his shoulder’s socks tucked into his boots. I said "what are you doing in my house? Who are you?" He would not tell me. I said "Get out" he refused. Again, I told him to leave. I asked him who he wanted and what address. He told me the address and I said, "THAT IS NEXT DOOR" He called me a liar and said he would not leave he was 2 inches from my face at this point I was petrified. At this point my son came to visit me and opened the door. He asked this thug who he was. He refused to show any identification, I told my son it was for next door. He asked what name and the thug said a name of a person who lived next door but left approximately 8 years ago. My son took a photograph of the plaque next door and showed him. outside this thug stepped into my sons face and said got a problem? Do you want one.? I told my son to call the police and after taking a photograph of the property he walked back to his white van. I spoke with the police who asked me to give the phone to the thug. as I walked towards his van he sped of very fast and I had to dive out of the way, or he would have ran me over. I am not exaggerating I actually have the whole event on CCTV. The police rang me back and said they would not attend as the thug was a bailiff. Is said not for me he wasn’t he was an intruder. I was really mad at the police and said it was a disgrace and that I was not happy. An hour later 2 police officers came and said it was a bailiff and there was nothing they could do. I said to the police get out of my house now. They immediately started to leave. I said why are you leaving?? they said because you told us to. Hold on, so I can tell police officers to leave and you have to go but a bailiff that came into my home when he was in the wrong property and would not leave then tries to run me down, does not have to leave? So, he has more power than you??? I wrote 3 letters of complaint to the Bailiff company they ignored them. I called and they put the phone down. Does this mean anyone can come into my home and the police will not protect me? I am so scared now. I do not like being home alone and lock the door even if I go outside for a minute, then I am scared because I cannot open the door quick enough. I really do not want to live in a world that is not safe. Should the police have helped me. Are people allowed in my house by their mistake with no consequence? If anyone has any thoughts I would be grateful to read them.   TLF
    • Thank you so much. I hope this communication will help you advise me.   I have owned the garage since Nov 2016.    I instructed my solicitor to communicate with the management company. She raised issues regarding the costs, and requested an explanation as to costs. When they failed to respond and were threatening court action I sent a cheque in 2017. The lady (Emma from the pre-action dispute team at SLC) who I spoke to told me she had recieved the cheque and would provide an explanation. Between 2017-2020 I continued to get bills which I forwarded to my solicitors yet I did not get an expanation. Until 02/06/2020 this year when I recieved the following copied below. The issue I had with the explanation is that it talks about the need for maintenance of the garage and no maintenance has ever taken place.  Since that time the bills have escalated from £534 to £2400! (I have also copied the offer from my solicitors which highlights changes in reserve funds etc. Since this date they have acknowledge a small vat error yet still insist on these extra-ordinary charges and fees.)   Is there any possibility as this is in the small claims that they could escalate the bills still further?   Leter of explanation I recieved in June 2020 Our Client has a broker that gets multiple quotes from different sources and as long as they provide the correct legal liabilities and cover, they will of course go for the cheapest option as long as these requirements are met. They of course need liability insurance not just for their contractors but for the people that live on the scheme also. They also need to ensure that the level of cover is correct in case they need to reinstate the building like new in case of catastrophe.   Again the difference in cost could be due to certain liabilities they have to have for the garage if they were to ever having to use contractors to fix it, the superior Freeholder of the estate may also want certain covers in place which again would explain the difference. They of course will look into our policies on an annual basis to try and keep the costs down.   Our Client’s charges do vary from year to year due to the reactive nature of the maintenance done to the scheme, as the managing agent working on behalf of the superior freeholder, it is their responsibility to keep the scheme in a good state of repair, meaning that they have to proactively fix and maintain any issue found on site, which is paid through the service charge. The amount of work, as I’m sure you can understand varies annually, however more often or not as the building/buildings/estate gets older, more maintenance will need to be done to keep the estate in good quality so the costs of maintaining an estate and insuring it, also increases.   Our Client wishes to assure your Client that it is in their best interests to have the interest of the leaseholders at heart, and they welcome a mutual understanding when it comes to the scheme. They will continue to work towards keeping the scheme at the highest level of repair.   Our Client’s current statement of account is attached. Both our Client’s Administration fees, and our fees have been waived, however the balance of £534.53 needs to be paid in full.   Please could you ensure this sum is settled by your Client, as a matter of urgency.     Reply from my solicitors: Whilst you have provided us with copies of your client’s accounts for this property, you have not provided us with a basis for your costs as requested on several occasions. You mention that the allocation of your client’s costs includes the maintenance of the estate and the garage, yet our client is invoiced separately for the service charge to the property and the estate. Can you please explain this? You have also failed to address our following points in your response and would appreciate your cooperation in providing these: 1. your client’s insurance premiums; 2. in respect of the Accounts preparation fee and Audit fee which has been allocated to our client, we consider that the level of work required to take into account the six itemised factors (as stated above) to be completely disproportionate to the costs allocation. Can you please explain why such costs have been allocated to our client’s garage and detail the level of work required by your accountants. With respect to the reserve fund, we note that this is referred to under the sixth Schedule of the Lease however the determination by your client must be reasonable. In accordance with your arrears schedule on 19th July 2017 we refer you to a letter of around the same date (please refer to separate attachment “First Port Letter Re Reserve Fund (July 2017)”) whereby your client stated “We have reduced the annual collection for schedule 2 from £250 to £90 as we feel with the current reserve fund levels this is a more appropriate level. We have therefore credited your account by £53.33.” As we have mentioned previously, there does not appear to have been any maintenance or management actually carried out in respect of our client’s garage which would warrant a departure from the £90 in reserve fund contribution from July 2017 to present. It seems clear that not only should the historic figures be adjusted to reflect this but also that the accounts for future years should be prepared on a similar ongoing basis. Your client’s costs should therefore be adjusted in respect of each of the years in question and for ease of reference we have set out the calculation below: · July 2017 to June 2018, the reserve fund has been charged at £250.00 when it should have been £90.00. Therefore the reduction in your costs for this year should have been £160.00. · July 2018 to December 2018, the reserve fund has been charged at £125.00 when it should have been £45.00. Therefore the reduction in your costs for this year should have been £80.00. · January 2019 to December 2019, the reserve fund has been charged at £265.00 (a 6% increase), when it should have been £90.00 (plus a 6% increase of £5.40). Therefore the reduction in your costs for this year should have been £169.60. This totals £409.60 however taking into account that your client credited our client £53.33 on 19th July 2017, our client has been overcharged by £356.27. We also note that there is a VAT discrepancy in the sum of £36.00 from the arrears schedule sent with your correspondence on 22nd January and 9th March and the arears schedule sent with your email dated 31st March, yet there hasn’t been any adjustment in costs. We are therefore working from your original arrears schedule, that being £1,179.71, minus the £356.27 that your client is attempting to overcharge our client, thus bringing the amount due to £823.44. In the circumstances, it is unreasonable to expect our client to cover the legal costs in this matter. Your client has not been forthcoming with the information or explanations requested on several occasions. We are of the opinion that had your client been forthcoming your legal costs would not have amounted to £336.50. As a gesture of goodwill, our client is prepared to offer a reasonable contribution towards your client’s costs in the sum of £150.00. In the absence of your client’s insurance premiums, an explanation as to the costs for the Accounts preparation fee and Audit fee, and an explanation as to how the management fee has been calculated without any management of the garage actually taking place, we are mindful that these allocated costs are likely to be inconsistent with what would be deemed reasonable in the circumstances.        
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

P2G/ Hermes i've issued a Court claim over missing iPhone@£190 - appalling customer service and intimidation tactics.


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I am taking P2G/Hermes to court.

They ‘lost’ my phone.

 

I have just had mediation which was not successful with them first offering £66, then £100, then £110 and finally £120. I refused.  

 

My phone was sold for £190 and I have also paid £25 to file with small claims and the delivery fee.

They used the ‘you didn’t take our insurance’ line which I replied that I should not have to pay for insurance in case they do not do what I paid them to do.

They did not complete their side of the agreement and deliver my parcel.  

It was scanned at my door and never scanned again.

 

I questioned that with their state of the art tracking it can vanish without a trace.

They then threatened that they have won all their cases where insurance was not taken and advised me to settle.

I refused.

 

I have no problem going to court as I feel that these companies are never held to account for not doing what we pay them for.

 

will keep you informed what happens as I can see I’m not the only person fighting P2G/ Hermes 

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Its good to hear your experiences, sorry that they are not taking responsibility, its so frustrating isnt it?! Please keep your thread updated, it will be so valuable to others in our situation (including me).

 

Questioning them is right, they appear to be behaving as if they beyond reproach, which they are not, their cocky 'can't touch me' attitiude, will be their fall.

 

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I am taking P2G/Hermes to court.

They ‘lost’ my phone.

 

I have just had mediation which was not successful with them first offering £66, then £100, then £110 and finally £120. I refused.  

 

My phone was sold for £190 and I have also paid £25 to file with small claimsand the delivery fee.

They used the ‘you didn’t take our insurance’ line which I replied that I should not have to pay for insurance in case they do not do what I paid them to do.

They did not complete their side of the agreement and deliver my parcel.  

It was scanned at my door and never scanned again.

 

I questioned that with their state of the art tracking it can vanish without a trace.

They then threatened that they have won all their cases where insurance was not taken and advised me to settle.

I refused.

 

I have no problem going to court as I feel that these companies are never held to account for not doing what we pay them for.

 

will keep you informed what happens as I can see I’m not the only person fighting P2G/ Hermes 

 

As I research this, there are hundreds, maybe more ‘lost’ parcels.

There are also parcels that have been sold by auction after being ‘lost’.

These are not their parcels to sell, they are ours.

Where does the money go from the sales? 


I cannot help thinking that my phone was stolen as it never left the van as was never scanned again after leaving my house.  

If it had gone to a distribution centre,

it would have been scanned on the way into the system.

 

These companies are really doing whatever they want without consequences.

It’s not even about my lost money anymore,

I want my day in court. 

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Welcome to the forum. You made it!

Please would you post up your claim form in PDF format so that we can see exactly what you said.

Of course read around the threads on this sub- forum about Hermes – although you have probably done that – and once you have posted up your claim form – and their defence as well pleased in PDF format, we can start to give you some advice if you want it.

I see that the mediation failed – maybe you can tell us a little bit more detail about how it went.

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I am having difficulty attaching defence document,  I have saved it t desktop but it will not save as PDF 🤔  it does not want to appear to want to save in anything that will upload.  I'm usually OK on computers, honestly. 

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 Deponent: 
On Behalf of: Parcel2go.com LTD
Exhibits: 

16th October 2020

IN THE COUNTY COURT BUSINESS CENTRE            Claim 

BETWEEN

   Claimant

and

  PARCEL2GO.COM                       

Defendant
 


                  DEFENCE

 

I, say as follows: -

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

 

⦁    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.

 

⦁    We take orders via our website.

 

THE DEFENCE

⦁    Claimant booked and paid for a service choosing Hermes UK Collection for a UK to UK collection and delivery service. The parcel in question was booked on 14th May 2020.


⦁    Upon choosing the service listed above the Claimant has an option to choose a zero-protection service or a standard £20.00 protection service. Claimant chose the £20.00 standard protection against loss or damage.


⦁    During the booking process, the Claimant is required to enter the contents and the value of the goods: Parcels:"iPhone 7 128GB" (16x9x6, 0.5kg - £190.00). Upon entering the value, a pop-up message was received

 

which read as follows:
“Your parcel value is higher than the £20.00 Parcel Protection. Don't get caught without enough protection should the unexpected happen.

Yes, I would like to protect my £190.00 parcel against loss or damage for £8.50 exc VAT.

No, I'm willing to risk my £190.00 parcel. I'm not worried about potential loss or damage.”


⦁    The Claimant chose ‘No, I’m willing to risk my £190.00 parcel against loss or damage.’ After selecting this option the booking process continues, this includes entering the collection/return address and the delivery details, prior to paying for this service the Claimant is then required to accept the Terms and Conditions, once the Claimant accepted these another pop up message was received which states:
“You Haven't Fully Protected Your Parcel
To increase the protection to the full value for your order it will only cost you £8.50 exc VAT extra.
 1. Amount of Protection
Your order is currently only covered for the value of £20.00, even though your order’s total declared value is £190.00. 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.”


⦁    Again, the Claimant chose the option ‘No’ meaning this item was then sent on this service with only a protection of £20.00 against loss or damage.


⦁    Parcel was collected on 15th May 2020 and the last scan was also listed on 15th May 2020.


⦁    On the 22nd May 2020, the Claimant started a claim for loss via their online portal, a description of the goods was sent to the courier and an investigation started for loss.


⦁    On the 16th May the Claimant contacted the Defendant via the live help facility and explained an enquiry was started but the Claimant had not heard anything, the operator explained that the investigation is underway and that the Claimant will be notified via email once this is completed.


⦁    Confirmation that the goods could not be received was sent, this claim was changed from in Enquiry to Claim for Loss required, the Claimant would have received requests for the required evidence to be uploaded against the claim.


⦁    Claimant was not happy with this being confirmed as lost and wanted this to be investigated further as they believed the goods had been stolen.


⦁    On the 24th June 2020 the claim for loss was approved and an offer of settlement was made for £20.00, this is the protection purchased at the time of booking, once this has been accepted a refund of the carriage fees will be automatically processed.


⦁    Claimant rejected the offer made and explained that the goods were stolen and a full investigation would be required, the offers were remade a further 6 times over the course of June and August, each time this was rejected, when the offers were remade the operator remaking these offers explained that as protection was only for £20.00 this is the maximum that would be offered.


⦁    Claimant was still not happy with this and rejected the offer one final time, no further response was made until the court case was received.


⦁    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.

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. 


⦁    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.

 

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

 

⦁    The Defendant seeks no costs.

 

STATEMENT OF TRUTH

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


Signed:

 

Date:16th October 2020
Asset Protection Officer

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tripe

so because a user doesn't select to protect their goods, it's ok to not take care of said item whilst in their possession.

 

good luck with that defence.

 

hey guys it's ok to damage. lose. destroy. or nick this package as all it will cost us it £20!!....i think not says the judge.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I am getting prepared to point out how millions of customers are being tricked/conned into supporting their diabolical service where they appear to be able to help themselves to anything they want without consequence, and the things they do not want, they sell and pocket the money.  If I win this case, I would like everyone who has ever had a parcel 'lost' by P2G/Hermes to very publicly take them to court.  😀.  Some of the excuses they come up with, if they bother to give an excuse are unbelievable. 

Edited by Zorks
spelling mitakae
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Has a date been set for the hearing you? 

 

Also, I think that you should start looking through this website but also the Hermes complaints group on Facebook in fact there are at least two or three of them and start taking some screenshots of people with identical sounding problems to yours. A dozen or so maybe even two dozen would be very useful as part of your bundle of documents and we will help you refer to them in your reply to the defence and in your skeleton argument if you would like your help on that.

 

We we also have a collection of hermès PDFs on this subforum somewhere but I'm afraid I can't quite remember where they are at the moment.

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I do not have a date yet. 

I did mediation

I explained to the mediator that they did not complete their part of their contractual agreement as I paid them to deliver a parcel and they did not deliver it. 

 

That they were negligent and could not show me that they took due care of my parcel. 

 

I also asked them to explain why I should be charged insurance in case they do not do what I paid them to do? 

 

All they came back with was

I had every chance to purchase their insurance and

as I did not, they are not liable,

 

they said that this has been to court before and they have won as it is clearly stated that as my parcel was worth more than £20 I should take out insurance. 

 

They initially offered me a settlement of £66 as a good will payment,

I refused

they then offered £100,

then £110

then said that their final offer would be £120. 

 

The mediator asked what the lowest offer I would accept was,

I said £190 which is what I sold the phone for,

they said they would not go this high and again said that they would win in court. 

I said that I would take my chances. 

 

It's almost not even about the money anymore, I will have to pay some more to the court but I will do this. 

The details of this case will be told to anyone who will listen.  

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  • dx100uk changed the title to P2G/ Hermes i've issued a Court claim over missing iPhone@£190 - appalling customer service and intimidation tactics.

I still wish we could see exactly what you had claimed. I'd like to get much more detailed account of the conversation between you and the mediator.

I'm a bit surprised that Hermes rejected the situation for something of such low value and am sorry to say it may be something to do with the way that you put across your points – or maybe the arguments that you focused on.

I think it will be worthwhile understanding as much as possible, what your claim was about and what went wrong so that we can address those matters when it gets to court.

Don't forget that there is still a chance that they may settle before the hearing. If it goes to the hearing then we need to make sure that you are as fully equipped as possible to make your arguments to the court in a convincing way so that you come out having established important principles against Hermes.

They have a lot to lose

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2 minutes ago, toysandgames said:

Hi - I am having a serious discussion with HermesParcels and am at that point where legal action is next!

 

This is my video of the damage to my parcel

 

https://www.youtube.com/watch?v=x3gqj1hwQbo&t=161s

 

Please would you start a new thread and tell your story there and we can help you. Joining an existing thread only confuses things for everybody who might want to help.

Also, you say that you having a serious discussion with Hermes – this is not possible. Nobody ever has a serious discussion with Hermes about anything because they don't take anybody seriously until the court papers are issued.

Please start a new thread

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