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Lost parcel through Packlink/Hermes services


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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

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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

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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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.

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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!

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LBA to packlink thats who you employed.

 

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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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.

 

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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

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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

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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 by siege_creep
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