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    • Great thanks! I have refined it -    ‘Dear Prosecutions Manager,   I would first of all like to start my response by saying how deeply sorry I am. I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff.  I am remorseful about the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare. I have recently returned to work but I have been on reduced pay for a while due to COVID-19 which led to me committing the incident mentioned. Additionally, I have been under stress as both my parents have been diagnosed with long term illnesses during the pandemic and I have been concerned about travelling and exposing them to COVID-19. Although I don’t live with them, they have been reliant on me during the pandemic to collect shopping, medication and support them throughout hospital and doctor’s appointments. The extra pressure has taken a toll on my mental health and I have consequently made a careless choice. I was so ashamed of myself when I was stopped by the Revenue Protection Officer and since then, I have ensured I have paid full fare for every journey I have made. The consequences of my actions have weighed heavily on my mind since. I am concerned that a possible prosecution would ruin any future employment opportunities and I would really like to settle this out of court with a contribution towards the administration costs as compensation for my actions. I am regretful of the extra pressure and inconvenience caused to all involved and would like to make amends.. I’d like to end this letter by saying that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response and I appreciate any leniency you can show in this matter.’
    • Hopefully this has done it, thank you for your help 2021_05_14 20_18 Office Lens-merged.pdf
    • In 2016 my business was subject to a fraud regarding a Rolex watch which we had taken in as part exchange from a local and well known customer. We took his steel Rolex and he paid a few thousand £s extra and bought a pre owned gold one from us.  Having bought his watch, part of the deal was we would not sell it until he returned from over wintering  in Australia after a few months. Upon his return he was planning to either part exchange the pre owned gold one back and buy a brand new version of it,  or he might like to simply  buy his original one back.  The watch therefore sat in my safe for nearly a year. At which point we attempted to contact the customer only to find his obituary. He was ill before he travelled so we suspect he knew he might not return.   It was a few weeks before Christmas so we put his (which was now ours) watch in the window (as it was) to sell and sold it within a few days. Had it not sold before Christmas we  would have sent it to Rolex for service and refurbishment, and subsequently offer it for a higher price in the spring (Rolex would also have identified it as fake). Two years later the customer that bought the watch returned it quite upset after he had sent it to a national watch buyer to sell, but was told it was a high end counterfeit (ie not your $20 Chinese throwaway, but one purposely manufactured to deceive).   After some checking ourselves, we refunded the customer and spoke with our insurers.   Our business insurance provided all risks cover with a few exclusions (terrorism etc) and was a very well known policy that many/most UK retail jewellers take up. Indeed we had held the policy for many years.  Fraud is an insured risk.   It is my view that a customer selling us a fake watch is a fraud. The broker enquired with underwriters and they have said it is not covered. I am not satisfied and have asked the broker to send me the wording of the policy so I can read the exclusions. I am told they have searched their archive but cannot find the policy so cannot send it to me. They have asked me if I have my copy? I haven't found my policy document either and fear I threw it away upon renewal. But wonder, if I do keep looking, whether it would be a good tactic to let them have my copy. We have been renovating the house for a year and the attic is absolutely chock a block with stuff, a thorough search through the old books would take a week or more.  I have suggested if they cannot find the wording sold with my policy they should settle the claim. Clearly they cannot reject the claim without the wording? It sounds odd to me that they even need to retrieve the policy to find the wording.    I am quite certain a claim for fraud is an insured risk. I guess somebody has to judge whether the transaction was fraudulent first though. I am quite happy to issue a summons if the insurers reject my claim by trying to suggest the risk was not covered (unless it obviously isn't), which is why we need the wording.   Comments and a strategy would be very useful to understand whether or how to proceed. The claim is for £3500.
    • So let’s say you won’t get more than 1 hour for lunch, so 48Hr/wk is your paid hours. That gives you 2496Hrs/yr at £20k yours hourly rate is £8.01/Hr.    if you are 21 or 22 you should be on £8.36 23 or over takes you to £8.91   so unless you are younger than 21 you are below minimum wage and they are breaking the law if those are the hours you are contracted for. 
    • you read UPLOAD use jpg to redact then convert and merge to PDF.
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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!
       
       
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Parcel to go lost parcels - no compensation


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My husband and I recently started a small Cornish hamper company.

We have sold cream teas and Christmas hampers through Parcel2go ,

Hermes since April and have been happy with the quick and effective service.

 

However we paid for 2 days delivery on 17 hampers on the 10th December.

 

5 if which they have admitted to loosing yesterday.

They sent me the claim forms for compensation and I have now received confirmation that they do not cover hampers and so therefore are not liable for loosing our packages. No compensation at all !

 

I have had 5 very upset customers who I have had to refund and I am not really out of pocket. 

 

I want some help to see what I can do next.

Surely if they couldn't send it they should have to give me the package back or a full refund!! 

 

Any help would be much appreciated 

 

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100's of like claims here

 

type hermes in our search top right in the red banner.

 

 

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 arranged this delivery with P2G and I'm assuming that they used Hermes. This correct?

 

Were the hampers correctly declared?

Was the value of the hampers correctly declared? –  You don't tell us what the value of these hampers was. Please could you tell us what each one was and the total.

 

Did you take out any of their so-called insurance?

 

In your first post you say that you are "… not really out-of-pocket." I take this to be a typo ??

 

Presumably you have sent hampers using the same companies before?

 

As suggested by my site team colleague above, please can you read thoroughly around the various Hermes stories in this sub- forum and start understanding all the various principles and also the journey that these claims normally take – which means a letter of claim, a County Court action, mediation – and then generally speaking, a settlement.

 

It is highly likely that your claim will have to follow the same route and you need to be well prepared to understand the principles involved and the steps to take.

 

In addition to reading up on the various Hermes stories on this forum, you should also understand the steps involved in taking a small claim in the County Court.

 

You may as well start to familiarise yourself with this process because if you are running a small business and you are dealing with suppliers et cetera then no doubt you will end up having to use the County Court system again  and so you will be learning some very useful transferable skills.

 

 

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Thanks for your reply.

To answer some of your questions

We have used parcel to go to book a collection via Hermes many times this year. The hampers we sent where weighed and the boxes measured  

 

The value stated for each hamper was £40, including crackers mince pies nuts biscuits ect..  

 

These hampers where ordered and paid for from our customer's. We have had to refund them all including postage. I have an email confirming they had " lost " these parcels but are not willing to compensate me because hamper is on the list 

And yes typo.! 

I really am put of pocket. 

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Thank you for these replies.

I hope you started to read around the threads on this sub- forum because they contain a lot of very useful information and we would prefer not to have to go through it all again and again.

Your case is quite interesting because we are talking here about five separate contracts – each for £40.

If you have read the Hermes stories, you will see that it is beyond doubt but that you will have to you begin a small claim in the County Court in order to get your money back. You will also see that you have got an extremely high chance of success.

I think you need to decide right now if you're prepared to take this action.

Because you have five contracts, you could choose either to sue Hermes all at one go for the £200 or else you could do a death by a thousand cuts and sue them five times – once for each contract.

You wouldn't be seeing them all at one go. You would sue them for £40 and then assuming you one that, you would then go for the next one – and then the next one and at some point it would be worth pointing out to Hermes what is going to be happening in the future and that they can save themselves money by simply putting their hands up to the lot.

The advantage to you of bringing an action for £40 instead of £200 is that it would be marginally cheaper and also you would gain experience for the others – and also if you are lucky and if Hermes decided not to be stupid, they would simply put their hands up and pay you out rather than suffer further losses in court or mediation.

The disadvantage to you would be the you would be eventually risking five claim fees at £25 each and then five hearing fees and about £50 each (needs checking) although of course if you lost the first one then you would sit back and take stock and decide whether or not you want to proceed with the second one.

An advantage of doing it in small chunks is that it would make it less worthwhile for Hermes to defend. If Hermes realised that they were going to be liable for the claim fee and for the hearing fee of a single claim of £40, then they would be more likely to settle in full at mediation rather than go on to spend further resources going through the business of a court hearing.

At some point it really has to make economic sense to Hermes to put their hands up and to move on with their lives.

A disadvantage to you is that you are running a business and so you would be suing as a business. Pretty well all County Court hearings for this kind of value are heard on the telephone now, but there is an outside chance that it could actually be scheduled for a face-to-face hearing and that means that the case would probably be transferred to the local court of Hermes – wherever there is – and then you'd be obliged to travel there. If you won the case and a proper hearing though, you would recover your costs and your reasonable costs of travel.
It is pretty well inconceivable that Hermes will want to go beyond mediation on a claim of this value – and they are more likely to cause problems on a claim of £200.

As you've already seen here and on the Facebook group, the Hermes prohibited items list is not relevant when you're talking about lost parcels. The fact that something is breakable or that it has a limited lifespan because it is food has absolutely no bearing on the risk of the item being lost.

On the other hand, if the hamper was delayed and foodstuffs inside it started to go off because of the delay then Hermes will probably be quite right to decline to reimburse you because those items were on their prohibited items list. In other words, being a prohibited item could be relevant when assessing the risk of the item suffering damage during the delivery process – but being lost is totally irrelevant. For that reason, our view is that the use of the prohibited items list for lost items is an unfair term under the consumer rights act unfair terms provisions and therefore unenforceable at all.

It is noteworthy, I think, that every time we have raised this argument, Hermes have preferred to settle at mediation rather than risk going to court and having a judge decide formally that Hermes use of the prohibited items list in this way is unfair.

So you have two things to consider.
Are you prepared to take a small claim?
You want to go for the £200 – the five contracts?
Or would you prefer to do one at a time?

I have to say that my preference would be for doing it one at a time. More time-consuming – that I think it would test Hermes to the limit and assuming that you would win your case – which I expect you would, then it will cost Hermes more to reimburse you all the fees of five actions – if it went that far.
I expect after the second action it would be reasonable to reach out to Hermes and tell them that the economics are in favour of them settling everything without any more argument.

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seems like some depo somewhere had some employee(s) get some free hampers to use or sell, too coincidental they all went missing once they'd gone away from the local collection hub IMHO.

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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I understand what you are saying.  It's a load of hassle - but there isn't much of a fight. It really is just a bit of form filling and a phone call with the mediator.

 

Think it over, anyway.  We will be pleased to help you and to help you draft your letter of claim and your particulars of claim.  After that, there isn't much to do.

 

Let us know

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