Parcel2go,InPost,Hermes- Lost Parcel

[parcelrights]

I have a lost parcel and need help with it, here are the details:

I sell shoes through instagram and always post them using parcel2go.

I dropped it off at inpost locker on the 13/12/20, got picked up by hermes on 14/12/20

A week after the 14th the tracking still said "we've got it", so after contacting inpost, they contacted hermes and they said the parcel has been lost. Inpost then helped me to make a claim through parcel2go to then forward the claim to hermes (I can't talk to hermes directly due to me booking through parcel2go), I made my claim on 21/12/20.

Ever since then I've had to give documents showing the value of the item, which is £170, refund to the buyer, and the buyer not receiving which is shown on tracking.

My parcel doesn't have any protection other than the default £20, and today (07/01/21) they've offered me £20 cash for a £170 parcel.

 

I keep reading topic's similar to me saying to begin a small claim in the country court, which is what I want to do but also don't want to lost.

If this is the way I should go what are my chances of me winning?

OR

Should I go another route?

I need advice thankyou!

 

I can't be losing money like this

[parcelrights]

By the way I forgot to mention, I don't want to accept their offer of £20 but options they've given is to either reject, or accept the £20

[BankFodder]

The chances of you winning are extremely high. The chances at that it won't actually go to a hearing and will be settled at mediation are also extremely high.

Have you actually made a complaint to P2G and have they told you that they are denying any liability?

Please read around the sub- forum for the many threats that we have about dealing with Hermes or with P2G so that you understand the pattern that these claims tend to follow and also the steps that you will need to take and also the arguments that you will need to produce in order to deal with them.

Also read up on this forum about the steps that you will have to take if you want to bring a small claim in the County Court. It's not difficult but you need to understand the various steps in advance.

Don't worry about their offer. It's not worth accepting. Your chances of success are well worth telling them to go and do one as far as the 20 quid is concerned.

When you have done all the reading then come back here

[parcelrights]

Alright, I've looked round and thanks for responding so quickly.

Yes I have made a complaint to P2G but is not that easy as all they have is live chat.

I don't know if they told me they're denying any liability actually. 

 

I read an instance of someone accidentally putting in the wrong value of the item and it reminded me to mention that I have done the same thing.

I valued the item at £69 instead of £169 through a typo which I did not see.

When filing a claim I told them about this and they've said that I haven't put protection so it doesn't matter anyways.

But to me, there's a big difference between £69 and £169 so it's really irritating that all they're offering is £20.

 

[BankFodder]

Well were not worried about the lack of insurance. As I'm sure you have seen, we consider it unfair and unenforceable that you are required to pay in insurance to protect them against their own negligence or the criminality of their own employees.

On the other hand, I'm afraid that having put in the wrong value means that you will only be able to claim for the declared value. If you wanted you could try to claim for the whole lot – but I don't reckon your chances and I think you would compromise your entire claim.

Sorry to say – but you will have to be much more careful in future.

So now you need to start considering whether you are prepared to break an action for £69 plus the cost of the delivery et cetera.

[parcelrights]

Ah that's annoying to hear but expected it anyways.

I'd still prefer to have £69 rather than the £20 they're offering.

 

Just wondering, if I win will I get the money back for the small claim in court?

 

And please tell me the steps I should go through now as I'd like to proceed and have no knowledge about any of the=is

 

Thanks

[BankFodder]

I'm sorry if this sounds a bit harsh but the deal here is that we try to empower people to take their own actions. This means that we will give you guidance and even help you draft your documents but we expect at least that you will have read around and understand the principles involved in bringing your claim.

Please will you spend some time reading around this sub- forum about the Hermes stories. Also, read about the steps involved in taking a small claim in the County Court.

You will soon find that the questions you have asked are unanswered several times over. Understanding how it all works will increase your confidence and put you in a better position to stand your ground when you are faced with the documents involved in the small claim also when dealing with the mediator.

[parcelrights]

Alright thankyou. I'll get back to you tomorrow once I know what I'm doing

[BankFodder]

Good idea.

[parcelrights]

After reading around this forum I've decided to contact inpost once again to see if they can do anything and after telling them what's going on they're referring this directly to higher management and I'll now have to wait for a response.

I'm also in the live chat queue to once again contact parcel2go to see if they're denying liability on this.

 

The reason why I'm doing this is because I'm pretty sure I'm not allowed to go to court/ make a small claim in the county court due to me being underage for signing contracts, being 16.

Of course this makes this matter much more complicated as I'm only 16, don't work, and am just trying to make some money on the side which i'm losing £180 in total for. This is of course highly irratating.

 

I've spent quite some time reading other issues from hermes around this forum and they are all highly similar to mine.

 

Anyways I'm clearly not finished yet but for the matter of going to court I don't think that's an option for me sadly.

 

[BankFodder]

If you didn't misrepresent your age and the contract then there's no problem about you going to court. Do it through a parent – assuming that they are prepared to help you.

 

The title of the case would be

Quote

Between

 

@parcelrights (by his parents)

And

Hermes

 

It would be a good piece of learning for you and at your age, if you don't mind me saying, you could learn some good transferable skills which probably they don't teach in school or college.

You never know, it might whet your appetite and you could go on to be a lawyer

 

 

In fact if you are at school or college, you can probably  turn it into a class project. Involve your teacher. I'm sure everybody will be madly keen to get involved. You could discuss all the principles of law and procedure.

I think it could provide a very good learning journey.

 

[parcelrights]

So let's assume this does go on to the mediator, they will also have to be on the call with me right

[BankFodder]

If you are referring to your parents, then I can imagine that the mediator would want to know they are present but they wouldn't need to be involved in the call.

If Hermes for some reason or other objected to the way that it was being handled by you then you would simply tell them that you will see them in court and you will raise the issue that they are bullying a minor. We might be able to get the newspapers involved.

Oh how we laughed.

[parcelrights]

ahaha you're a funny guy.

 

So legally I am allowed to be selling shoes online while using parcel2go/hermes at an age below 18?

[BankFodder]

Why not? Did you think you are breaking the law?

And the suggestion about class project is no joke. Particularly with lockdown et cetera, imaginative and enthusiastic teachers are looking for all sorts of new material and this would be very novel. You never know, you might be able to display some your mates at school to start sending valuable stuff through Hermes as well and then making their own claims – because probably quite a percentage of it will become "lost"

[parcelrights]

Well I never really read the TOS of anything so maybe i could've missed something out 

[BankFodder]

All right there you are then. There's your first lesson – read the small print. Rationalise it with any relevant statutes such as consumer statutes which refer to unfair practices – and you start to have an idea what you're getting into.

I don't know if eBay has rules about being 18 years of age – but even if you are trading contrary to eBay rules, that has nothing to do with Hermes responsibility towards you in respect of the careful handling of your personal property

[parcelrights]

true true. By the way are you just responding to everyone on this forum for fun or do you get paid because damn you are fast

[BankFodder]

No we don't get paid. We could make an exception in your case though if you want.

[parcelrights]

No i don't have the means to pay, as much as I'd like to, but i'm just very surprised how there are people taking their jobs more seriously than people who actually get paid.

Thanks a lot