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    • Hello, I sent a parcel for a return via Hermes on the 11th of jan and the value was £188. I only paid extra for signature required when they deliver it to the address. I called them on the 26th to find out where my parcel is and after waiting for over 40 mins they opened their phone and said that it has been stolen from the van with some other packages on the 15th of jan. They did not try to contact me at all to notify me of this. They sent me a claim form however they said that because I didn't pay for insurance I only get £20 plus delivery fee. I saw a similar case here that had managed to get their money back by threatening them that they'd take them to court under consumers rights act .  I was wondering whether I could do the same since they weren't responsible with delivering my package and allowed for it to be stolen.    Any advice would be hugely appreciated Thank you 
    • Hi Honeybee Yes that's the one - many thanks. I did try and update it late last night but it said I had to contact site owners so I gave up and went to bed! In the end after no contact/updates from the solicitors the sale went through very quickly so I presume that didn't give the council sufficient time to swing into action.   Thanks
    • I tried to post an update on an earlier thread without success.   Long story short. The house sale has taken place [title deeds had a charge against property] Restriction said 'No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [name of council].   Exchange and completion within a couple of days. I've not heard anything from either solicitors involved on this point nor the council so not sure of the purpose / effectiveness of the charge as it doesn't seem to have held up the sale.   Perhaps I'll get a bill next month?? Has anyone had a similar experience?    
    • Hi Hammy1962,    You make a fair point.  Yes, I made a mistake. I fully accept that.    As noted, this was an honest mistake - the DD was coming out of a joint account and I (mistakenly) assumed this was set up by my wife.    What concerns me - and I want to flag to others - is that when I was sold this policy it was not made clear that there is no obligation for D&G to get approval to continue this each year, no need for me to approve any increase to the premium they deduct (which has tripled over the period) or for them to change the policy. I was in effect (with one phone call) writing them a blank cheque when I agreed to this. If I had been clear on that I would have not taken on the policy.    From a business perspective, if one of my customers had presented me with these facts I would have handled it differently too.    Cheers!           
    • So the latest is I have agreed first thing  Monday morning with CCP to make payment by 22nd February. Just received a telephone call from Chartsbridge to make arrangements to collect my vehicle as they have just been instructed by CCP!!!
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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

Packlink and UPS Compensation


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I read a thread David v Goliath thread 419960 on this site with a very similar issue to mine. 

 

I sold on ebay an expensive piece of yacht equipment for £1000. The buyer told me not to bother with extra insurance as he understood that eBay would compensate any loss. He was wrong sadly. The parcel was "lost".  I have been through the whole appeals process with Ebay but they have returned the buyer his money and I am £1000 out of pocket.

 

The item was sent through UPS via Packlink and I asked for signed for delivery as the item was worth more than eBays compensation limit. The tracking showed the parcel was delivered at 10a.m the following morning and I thought everything was OK.

However the buyer reported that the parcel never arrived.

 

To cut a long story short UPS say that the driver signed it off (for Covid reasons) but they then apparently changed their story and said that the parcel was lost.

 

I have not been able to complain to UPS direct as they say I am unable to deal with my case with me for "data protection reasons".

 

Packlink have said they will compensate me for I think about £65 (plus the postage fee) as I failed to take out enhanced compensation...which I was not even aware of. I assumed they would know the value from eBay. I attach the start of the most recent email from Packlink.

 

Is there any point in my pursuing this through the Small Claims Court and if so how should I go about it? If so who should I pursue?

 

It is possible that the buyer did get the package but decided he would rather not pay for it....but he has been very reasonable  I do not believe this is the case, and clearly Ebay believe that it was never delivered.

 

 

 

IMG_20210104_111301.thumb.jpg.fe94a924ec7bd2a416a2f59a18b93aab.jpg

 

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When you post documents, please can you post them in PDF format. Scanned – multipage single file if necessary.

I'm afraid that the photograph you posted above is not at all clear and for people with small screens it would be unintelligible. I use a large screen and I can scarcely read it.

Please could you repost this if it is relevant.

I'm not sure what you mean by "the driver signed it off". Please could you explain.

I suggest that you send an SAR to UPS immediately and maybe that will provide some information as to what has been going on.

As you have said, there is a possibility that the addressee is being scallywag about this – but on the other hand you say that it has been reported as lost. Let's see what a data disclosure turns up, if anything.

For £1000 I would certainly think that it was worth pursuing to the small claims court – but I think that you need to be very steady about it and to gather your information together before you make your move.

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Thank you for the initial advice . I have managed to convert part of the email from Packlink to  pdf and will attach it. . The reason the driver might have signed for it is to keep social distance apparently.

 

It appears I cannot talk direct to UPS as they consider me to be a 3rd party and  I cannot see how to email UPS. There is a physical postal address but do you happen t know of an email one to send the SAR to?

 

I am not certain it is worth pursuing as I should clearly have taken out the enhanced insurance,

 

Chris

Packlink email 1.pdf

 

I have also attached the official notification sent by UPS to Packlink

UPS.jpg

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Sorry to do this bit by bit but is this the correct form for the SAR? Chris

 

Subject Access Request

 

Re 1Z61R8X7DL1248 4697

 

I sent a piece of yacht equipment sold for £1020 via Ups using Packlink as agent. The tracking showed that it was delivered the following day. Packlink informed me that the driver signed for it in line with Covid guidelines. However you have since informed Packlink that the parcel was lost.

 

Please could you send me all information you have regarding this parcel and the investigation into its whereabouts

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In terms of the subject access request, you should use our SAR template which will give you a very generic form of statutory request which you can modify to suit your own situation. However you should keep it as wide as possible rather than limit the disclosure request by reference to particular events or dates et cetera.

You should give them one reference number so that they can trace you within their system – but that's all.

In terms of the requirement to take out insurance, you should be reading around the sub- forum – particularly at the Hermes stories – to see what we have to say about the requirement that the customer should insure themselves against the negligence or criminal wrongdoings of the employees of the courier.
Our view is that this is extremely unfair and unenforceable. It is the courier company which should take out insurance. The customer has paid for a particular service. You should not be in a position where you must then pay for that service to be carried out.

Please read around. It's very important

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Thank you for the advice so far, but I am sorry to say I am being a bit slow. I cannot find the link to the SAR template which you refer to. When I go to the Librarian post there is no download for the SAR . Clicking just takes me back to the top of the post.

 

I take your point at looking at the posts of others. It was the case of Hermes losing a parcel that made me think it moght be worth seeking your advice.

 

Thanks 

 

Chris

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Read the entire SAR thread.

 

It's not a download it is a template

 

 

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Well I'm very puzzled because I have just visited the thread and it is post number three which contains a template subject access request

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If I tap on the words Subject Access Request it just takes me back to the post number 1 . I have also tried on my phone in case my browser was doing something odd with the same result. Also when I try to go to the library it says I need to register ....which I have done. As I say I may be being stupid but I do not see where to go....sorry to waste your time .

 

Ignore me I have found the answer....

 

 

2 questions

1 Should I send the SAR by email or is it better by post?

2 Should I send it to Packlink as well as UPS?

 

Chris

 

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Well they don't cost anything so you have nothing to lose. You can send it to both parties – why not.

Email is fine but it might be a good idea to confirm in writing – although make sure that the written one is really a copy of the email and it is clear that it is a confirmation so that the start date of their 30 day period is the earlier one – the email date.

You certainly don't want to confuse things by giving conflicting start dates

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