Parcel2Go & EVRi Loss - court claim issued **SETTLED BEFORE HEARING**

[supernick90]

Hello - new user to the forums

 

Similar to many other cases which i've read through, albeit can't find an identical one in order to duplicate the process and not need this post.

 

• Sent a package with Parcel2Go using Hermes, didn't opt for additional protection. 
• Item was a macbook pro with broken screen, sold on ebay for £180.
• Dropped the package to a ParcelShop at their direction, using their own in-house label printer to package the item. Well-packaged item.
• Tracking info never updated once the original drop off had been confirmed
• Went through the usual chasing parcel2go and their escalation to Hermes.
• Also emailed the Hermes CEO as that seems to be the only way for a human response to trickle down.

 

Both companies have confirmed its loss with no compensation offered due to not taking insurance.

 

Out of principle, I don't wish to let this lie if I don't have to. From what i've read, assuming it's agreed I have a good chance of redress, I would need to send a notice of action to Parcel2Go indicating I am taking them to county court in 14 days? Is that correct?

Would greatly appreciate any guidance, but also don't want to duplicate posts, so if there is a more appropriate thread with the process all in one place, a referral to that will be appreciated.

Will monitor any replies and respond swiftly. Many thanks.

[supernick90]

Apologies BankFodder and thanks for the swift response.

I'm not that well-versed in these matters, and the posts I read in advance of making mine had taken out the insurance, which I thought might be a different legal precedent.

 

I declared the value at £180 and referred to "computer parts", since the laptop was essentially sold for spares and repair.

 

It was also dropped to a ParcelShop rather than collected directly, which i thought may bring in another element. i.e. it could have been stolen from the parcelshop before it was collected by Hermes, since it was only scanned once, when I dropped it off.

[supernick90]

Thanks again. Will proceed vs Parcel2go. 

How would I verify the sales price? Evidence from ebay sale I presume?

Ebay refunded the buyer on my behalf as he understandably raised a complaint of not having received the item.

[supernick90]

Is the attached letter before action OK to send?

Letter Before Action.pdf

[supernick90]

I used a template from citizensadvice and fleshed it out with particulars. 

 

Will amend according to your recommendation and post a second version.

Thanks for taking the time to review it.

[supernick90]

I didn't envision that the advice would be wildly different between the two, considering the objective is the same. It's not a case of playing two organisations off against each other, I expected it to be complimentary. Perhaps I was incorrect.

 

Keen to stick with consumer action, but if anything i don't want to turn up half-baked, and wanted to do some leg work myself so as not to waste anyone's time. 

 

Happy to read around the subject, but not an industry I have had direct exposure with, and therefore need assistance in some areas, hence being here for guidance.

I used the Citizens Advice template for a letter to action, as this is not something I am well-versed in. If that is an error, or likely to fail, then grateful for your advice on that.

 

I'll try and amend what I had produced to be more direct and less open to interpretation and post it as a reply if that's OK.

 

[supernick90]

Have used your comments to revise the letter, which i have uploaded.

Any further tips or advice are appreciated.

Letter Before Action v2.pdf

[supernick90]

Thanks for the ongoing advice. Will Send that off.

In your opinion, am I likely to have greater chance of success with Hermes direct due to their size? They may be more willing to write off £180 rather than waste time going to court than Parcel2Go.

[supernick90]

I didn't pay for insurance.

 

There isn't anything on the paperwork indicating who the cover would have been with.

 

It appears as though it's a separate insurance offered by P2G - they refer in their T&Cs to purchasing it "from us" implying it's them.

[supernick90]

Have today received the following email: 

 

Good Afternoon Nick,
I am contacting you today with regard to the email explaining a letter has been sent.
Firstly please allow me to offer you our most sincere apologies for the service you have received on this occasion.
When booking this order Nick, you were asked to enter the contents and value, you stated and I quote: "computer parts" (10x10x10, 3.5kg - £180.00), upon entering the value a pop up box was received which reads as follows:
"Don't get caught without enough protection should the unexpected happen. You can protect your parcel up to the value of £5,000.00
Yes, I would like to protect my £180.00 parcel against loss or damage for £9.00 exc VAT.
No, I'm willing to risk my £180.00 parcel. I'm not worried about potential loss or damage."
You selected 'No' this does mean that the goods in question were sent on a zero protection basis against loss or damage. You carried on throughout the booking process, where an additional pop up message was received, which again prompts you to protect your goods fully, you declined this option again. Prior to paying you are also required to read and accept our Terms and Conditions:
https://www.parcel2go.com/content/about-terms.aspx
"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.
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."
We have accepted liability for this, however, as per our terms we are only liable for the cost of service, which has already been refunded on 16th December 2020.
Please be advised Nick, we do not sell insurance, we offer parcel protection. Parcel2Go.com is not an insurance broker and is not backed by any. We do not offer any kind of insurance policy on any of our services. we give all of our customers the opportunity to protect their goods to a preferred value so that if an inquiry does result in a claim, that we are able to compensate them. All of our claims are self-certified and we are not a regulated company nor do we follow any ADR schemes.
If you wish to take this matter further that is your prerogative to do so, however, I must advise we will defend based on the above.
I do hope this is of some help.
Thank you Nick for your time and patience on this matter.
Kindest Regards

[supernick90]

Its the claims email address. So believe i am able to reply.

[supernick90]

Received a response more generic than the last and from a different seemingly more junior employee:

 

Thank you for your email.

At the outset please allow me to apologise for the inconvenience.

Due to the nature of the industry and high volume of parcels which enter the couriers networks daily it is unfortunate that some parcels can become missing whilst in transit. This is why we give all of our customers the option to cover their goods so that if a claim does arise we are able to compensate them.

Unfortunately, you opted to not protect the parcel. Towards the end of your booking on the confirmation page, you were then offered to take cover again, to which you declined again Nick.

I am afraid, we are unable to approve claim as no protection was taken.

Sincere apologies for the inconvenience caused Nick and if I can assist further please do let me know.

Kindest Regards

[supernick90]

In your opinion are they likely to go all the way to court in defence of £180? Or impossible to say.

[supernick90]

Intend to use moneyclaim tomorrow since 14 days has now elapsed. Is the following OK for my circumstance? Taken from another recommendation you made.

 

Quote

The claimant used the defendants parcel delivery service on 19/11/20 to deliver a package from Birmingham to an address in London. Defendant's reference number P2G81124647. The parcel contained a laptop sold on eBay for spare parts total value £180 - full details have been provided to the defendant in the initial complaint which they declined. The parcel has been lost by the defendants - a breach of contract and negligence. The claimant seeks damages of £180 plus interest per section 69 County Courts act 1984 plus costs.

 

Many thanks

[supernick90]

P2G as per your recommendation earlier in the thread.

[supernick90]

Will that be sufficient to succeed do you think? 
 

Or would it be better to go vs Hermes?

[supernick90]

Claim lodged today through government website.

 

Parcel2Go has until 4pm on 25 January 2021 to respond to your claim. They can request an extra 14 days if they need it.

You can request a County Court Judgment against them if they don’t respond by the deadline.

 

I expect the next step is that Parcel2Go contact me offering next to nothing, which I will of course reject.

 

Will keep you updated on progress. Thanks for your ongoing advice.

 

 

[supernick90]

OK thanks. I'll wait to hear back initially.

I suspect the situation may make them more likely to defend fully - i.e. only needing to attend on the phone or via video.

[supernick90]

Just to update you:

 

The defendant has requested more time to respond

Parcel2Go has requested an extra 14 days to respond. They now have until 4pm on 8 February 2021 to respond.

You can request a County Court Judgment against them if they don’t respond by the deadline.

 

What is the expectation now?

[supernick90]

If they were to miss the deadline and I was able to file a CCJ before they file a defence, what are the steps then?

[supernick90]

I have read the 

4 minutes ago, BankFodder said:

 

Haven't you read up on this forum about the steps involved in taking a small claim in the County Court?

Would be grateful if you did read them please. It will make you more confident and it will save a lot of repetition here

 

I have read a lot of the posts, yes.

Was more asking what do we expect to happen? I'd imagine a setaside would be pointless due to the cost vs the claim amount?

[supernick90]

They missed the deadline.

I requested a CCJ. I gave them until the end of the month to pay. I hope this was reasonable.

[supernick90]

I didn't want to appear as if I was being unreasonable. Perhaps should have just gone for immediate payment.

I don't think I can change it at this point.

 

I ideally don't want to risk incurring any more expense that I won't be reimbursed for through the case itself. Is bailiffs going to do this?

[supernick90]

Also:

 

Parcel2Go can no longer respond to your claim using this service - they may have responded by post.

It’s possible we received a postal response before the deadline but hadn’t processed it when you requested judgment.

 

It’s possible we received a postal response before the deadline but hadn’t processed it when you requested judgment.

[supernick90]

Yes it gives 3 options:

Immediate payment
Payment by a specific date
Payment in instlalments

 

Considering there is still a chance for a setaside, or for a defence to be filed, I just wanted to ensure I appear reasonable to the court. Perhaps wrongly!