Lost parcel through Packlink/EVRi - claimform issued against Evri - **WON**

[siege_creep]

Hello,

My case is pretty generic, still I would like to share it and would appreciate any help.

 

I privately sold iPhone XS through eBay for £390.

 

Purchased Hermes delivery through Packlink on 3rd of December 2020, did not opt in for full cover.

 

Dropped the parcel off at the ParcelShop on 4th of December, later in the day tracking updated to "Collected from the ParcelShop".

No further updates were received through tracking.

 

On the following week I tried to find out what was happening with the parcel I sent,

called Hermes first, bot said I need to contact Packlink.

 

Contacted Packlink on 9th of December, they said they will start investigation.

 

Received an email from Packlink on 12th of December saying investigation is complete and the parcel is confirmed by the carrier as lost. 

In the same email they were suggesting that I need to submit the claim form.

 

Few days later I have submitted the claim form stating the value of the goods that were sent is £390, and providing proofs for that (printed eBay page).

 

The claim has been approved few days after, but it was stated that I am only getting standard £25

(there was no option to accept or reject, it was a matter of fact that I am receiving this much compensation).

Considering the situation I had no other option but refund the buyer.

 

Recently I found this forum and read peoples` stories and decided to take action myself.

I am going to start a claim against Hermes, as Packlink is trickier being located in Spain.

 

I haven't contacted either Packlink nor Hermes yet regarding the full compensation,

I would like to ask for your advice for the best course of action:

 

Can I send a letter before action straight away, or it's better to try and contact their customer support first

(this is what Hermes suggests doing for any complains)?

 

Do I need to reply to Packlink saying £25 compensation is unacceptable and I request full compensation

(I think it would make more sense if I would be planning to sue Packlink)?

 

Does it make any sense to sue Packlink as well as Hermes?

 

I have drafted a letter before action which I am enclosing with this message.

There were plenty examples on this forum,

I took one and edited it to reflect my case (hope this is permitted).

 

I am also enclosing correspondence with Packlink.

 

Letter before action 2.pdf Chat.pdf Claim Paid.pdf

[dx100uk]

Letter before claim

 

I used your services to deliver a parcel containing iPhone XS 256 GB valued at £390 to an address in the United Kingdom.
I understand from Packlink that the parcel was lost by the carrier.

Your contractual obligations were to deliver my property safely to the intended recipient.

This is my notice under the pre action protocol to you that I'm proposing to issue a claim through Northants Bulk Court against you for the value of my property – £390. + postage + my costs

If I do not receive a reimbursement  within 14 days then I shall sue you in the County Court without any further notice.
Yours faithfully

[BankFodder]

In addition to sending the letter advised by my site team colleague above, make sure that you have read about the steps involved in taking a small claim in the County Court so that you are broadly aware of the process.

Register with the court service moneyclaim website and start preparing your claim. Post a draft of your particulars of claim here so that we can check. It doesn't need to be wordy. Brief and to the point is all you need. You don't need to send additional particulars.

[siege_creep]

dx100uk

BankFodder

Thank you for your responses, I will start to prepare my claim.

 

Also, considering this topic I thought it's worth for me to contact Packlink first and request full compensation from them, giving them 14 days to respond, and then send letter before claim to Hermes for the remaining balance. Or is this completely unnecessary?

 

I do not want to rush and trying to smooth as many corners out as possible before making something that cannot be undone. Thanks again!

[dx100uk]

LBA to packlink thats who you employed.

 

[BankFodder]

You can certainly try Packlink – and we were very surprised to find that recently two people actually were compensated by Packlink. Frankly I was astonished.

It would be easier than making a claim – so you may as well try and the only thing you lose is a little bit of time.

However, don't hold your breath and don't forget that Packlink is in Spain and so if it comes to nothing then you will have to sue Hermes.

 

[siege_creep]

Thank you for your responses once again.

I am totally prepared to make a claim against Hermes, but I will email Packlink first to show that I genuinly tried to resolve through them first in case they will refuse to compensate.

I am enclosing draft email to Packlink with this message.

Letter to Packlink.pdf

[BankFodder]

The email is fine although of course it contains an empty threat. Anyway, see if it draws a response – but don't forget that Packlink is in Spain. Very complicated to sue them. You will have to sue Hermes

[siege_creep]

As I would expect, Packlink came back today with the following:

Quote

We truly apologise for the inconvenience caused by your chosen carrier with regards of this delivery since the parcel was declared lost. We definitely understand that you were expecting to receive the full refund, however this shipment was not insured and the amount to compensate is the basic one for Hermes.

From our records your shipment is only covered by STANDARD COMPENSATION, you did not purchase ENHANCED COMPENSATION.

 

I have just sent a Letter before claim to Hermes CEO email.

I also have a couple of questions:

• It is said in it that I shall sue them if I will not get reimbursed within 14 days, however they might come back earlier and refuse to compensate - I believe I still should wait for 14 days to file the claim, is that correct?
• I believe it's unnecesary to send hard copy of the Letter before claim via post, is that right?

Thanks for your help and support!

Edited January 14, 2021 by siege_creep

[siege_creep]

It's been almost two weeks since I sent the letter before claim to Hermes, so I am ready to start a claim this week.

 

They responded to my email by simply saying that they are unable to help due to the fact that delivery was booked through Packlink. I can post the text of the email here if this helps.

 

Here is my claim draft (found example here and altered for my case):

Quote

The claimant seeks reimbursement of the value of a parcel which was lost by the defendant delivery service about 8 December 2020 date. The delivery was arranged through Packlink, a broker acting on behalf of the defendant. The parcel was contained iPhone XS 256 GB item was worth £390. £28.79 has been reimbursed by Packlink and the claimant now seeks the balance of £361.21 from the defendant. The defendant declines to reimburse the claimant. The claimant relies upon the Contracts (Rights of Third Parties) Act 1999. Alternatively the defendant was negligent.
The claimant seeks £361.21 plus interest per section 69 County Courts act 1984+ costs.

 

[siege_creep]

Hermes came back with the defence, attaching in the PDF file. I added sentences from the particulars of claim they referred to.

It is said that tracking number has not been provided in the claim, hope this should not make a big problem as I will be able to provide it later with all of the proofs.

If I do understand it correct, the next potential step could be mediation. In the meantime I will be preparing the documents, so I can provide all of the proofs needed.

Also, in one thread it has been mentioned that it is possible to request Hermes to provide their contract with Packling by filing CPR 31.14 request, would that be worth doing in this case?

Thank you for your help and support.

Hermes Defence.pdf

[BankFodder]

Well the defence is absolutely predictable. No difference to anything else.

However I have to say that I'm pretty gobsmacked that you have been sending correspondence and eventually a particulars of claim without even mentioning the tracking or reference number.

It's obvious that they have no idea what you're talking about because they have millions of parcels every year – many tens of thousands which go wrong – and you haven't given them a clue as to which one you are talking about.

Assuming that you are going to continue with this, you will get a directions questionnaire and when you complete it then you should make sure that the tracking number figures very clearly.

I'm afraid it's a bit unhelpful adding your own notes to their defence document. It makes extra work for us. It is much easier if you type out a very brief note on the points that they are making and then give your comments separately on the thread

[siege_creep]

Hello @BankFodder

Thank you for your reply.

I admit that this is my fault that I did not include tracking number with particulars of claim, however when I was sending letter before claim I made sure to include it (I sent it via post and email), they possibly just did not link these events with eachother, not sure if on purpose though.

I am not sure if I can somehow provide additional details with directions questionnaire, but may be I can enclose a note?

I will take your advice into account, thanks!

Thank you for your help again.

[siege_creep]

Hello,

The claim has been settled at mediation in my favour which I am very happy with. Thank you for the help. I have sent a humble donation, hopefully it should reach you very soon.

Edited April 24, 2021 by siege_creep

[BankFodder]

Hi, we've just received a donation and I think it came from you – thank you very much indeed but I'll be emailing you directly.

I'm extremely pleased that it has been settled.

Maybe you could tell us what the settlement was and how it went. We've had several people who have given us a summary of the mediation process that it is very helpful for other people.

Did they settle everything or did you give up some figure?

 

[siege_creep]

Hi @BankFodder

So I think the key at mediation is to be consistent with your claim. It is important to mention your key points - such as Right of the Third Parties Act and Consumer Rights Act effects for my instance. If they lose your items, I think they should be able to prove that they have performed their service with reasonable care and skill, because otherwise you can assume that the item was simply stolen.

Eventually I decided to give up negligible amount as in my opinion it was not worth it to chase for the penny-to-penny figure.

I hope this helps to anyone in the similar situation.

Edited April 24, 2021 by siege_creep

[BankFodder]

Thanks for this. It would be helpful to people if you could say specifically how much you gave up. Was it the court costs?

Also, did you find that you came under any pressure from the mediator to compromise?

[siege_creep]

Sorry, I would not like to get into specific figures but the deal came almost without any compomise for me, it was less than the court costs.

I wasn't under pressure, no, it went pretty quick and easy.

[BankFodder]

Thank you. Sounds great and obviously worthwhile.

I hope you've also acquired some transferable skills which will help you to sue anybody else who gets in your way.

And we are always happy to help