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Packlink agreed payout then changed their mind advising insufficent packaging


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Hi

 

I had an ongoing damages claim with Packlink.  They took their time but eventaully advised it would be sent to a final claim stage.  I then recieved an email advising they did not need anything else from me.  Hermes accepted they had damaged the item and i would be refunded the delivery fee (which i have) and then within 30 days i would get an amount of £255.  this is the full amount as i purchased the additional insurance.

 

During the 30 days they have got back on touch to say they have changed their minds and the packaging inside was not sufficent and will not be paying out.  Can they change their minds like this?  What are the next steps as i have asked for it to be escalated and been informed it has been escalated and they are sticking with the decision made?

 

I no longer have the item or packaging used as after getting the email saying it was resolved i have taken this to the skip.

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Hi, this is a very interesting story.

Please would you mind giving us all the background.

In other words, what do you send, when did you send it, did you declare the value of it? How much is that value?

You say that the item has been damaged. Where is the item now?

Just try to give us the full story in a bullet pointed chronology so that it is clear – not too much narrative and so we don't really have to follow up with too many more questions.

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- Coffee machine sold on EBay for £255 sent to buyer in December

 

-The buyer reported it damaged and i refunded and this was sent back to me

 

- Opened case with packlink sending photos of packaging and damage to the item

 

- Packlink emailed to say Hermes had admitted the parcel had been damaged

 

-28/01/21 email from claims department advising they did not need anything else from me and i would be refunded the initial cost of postage right away and £255 within 30 days

 

-02/02/21 refund of postage received.  The coffee machine could not be used so once this was paid i took as confirmation everything was ok so I took the coffee machine and the packaging to the skip.

 

-16/02/21 Packlink sent email to say non compliant packaging and payout would not be made

 

- I asked to escalate they say they had but i did not used enough internal packaging to avoid the damage.

 

 

 

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Thank you. It will be helpful to manage to get a proper look at the photographs you have posted. You posted them in image format and so they can't be expanded.

Please will you repost them in PDF format and then we can expand them more easily depending on our screen size. People with small screens have a lot of difficulty with these photographs which you have posted.

 

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Hi

 

thanks for the advice.  I have reposted as PDFs.

 

I have asked packlink for the escalation route but the same adviser keeps telling me they have rejected the claim and that's it nothing else can be done.  They are not telling me what the escalation route would be.

Packlinkpdf1.pdf packlinkpdf2.pdf packlinkpdf3.pdf

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Thanks. Packlink are in Spain – although we did have somebody recently who successfully managed to obtain a judgement against them and was paid.

However, as far as I know the London address which they did have is now no longer effective and in fact they have now wound up as a business in England.

The best thing you can do is to attack Hermes.

It seems to me that by promising to pay you out, they have entered into a contract – which is possibly ancillary to the insurance contract. Hopefully you will read around here to know what we say about these insurance policies and how absurd it is to require you to insure them against their own negligence or criminal activity of their own employees.

However, that is not especially relevant here.

What is the extent of your loss – including the value of the coffee machine, the delivery cost and also the insurance?

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Hi 

 

Thanks for that information.

 

The value of the machine is £255, delivery (which has been refunded) was around £7.  they had a 50% off offer on through ebay

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Okay, £255 is your total loss.

I suggest that you don't waste time. You've done as much as you can in the circumstances.

I suggest that you write a letter of claim to Hermes. Point out that not only have they damaged your coffee machine by their own negligence, but also that they reneged on their binding promise to refund your money.

Tell them that if you have not had full reimbursement within 14 days that you will start legal action in the County Court and without any further notice.

Before you sent this, make sure the you've read up on this forum about the steps involved in taking a small claim in the County Court so that you know what you are doing and also you are hundred percent certain that on day 15 you will click off the claim.

Also, read around the Hermes threads on this sub- forum to understand how it normally works out – including the mediation process.

Register with the court service moneyclaim online and start preparing your claim. You can save your work as you go. Post your proposed particulars of claim here so that we can check.

I suggest also that you post up your suggested letter of claim here so that we can check that too.

Don't get involved in extensive narrative or telling your life story et cetera. Just go through the brief facts and then make the threat.

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Quote

 

Martijn De Lange

Hermes

Capitol House 1 Capital Close

Morley

Leeds

West Yorkshire

LS27 0WH

 

Dear Martijn,

 

Reference: XXX

Parcel ID: XXX 

 

Letter of claim

 

On the 22th December 2020, I purchased your 2 day delivery service, with insurance cover, to deliver a Gaggia Brera coffee machine I had sold on EBay for the amount of    value: £255.

 

The item arrived in a damage condition damaged and therefore had to return the item and I issued a refund.  I took pictures of the damage/packaging and raised this with Packlink. 

 

On the 28 January 2021 I was informed the investigation had been complete and it was confirmed that Hermes had damaged the item.  I was told that I would be reimburse for the value of the machine plus delivery costs.   I have received a reimbursement of the delivery fee that also received an email advising that the payment of £255 will not be made. 

 

In summary not only have Hermes damaged my coffee machine by your own negligence, but also you have reneged on your promise to refund my money.

 

I hereby inform you that unless you reimburse me for the £255 for the above mentioned goods within 14 days, I shall issue a claim in the County Court to recover this money from you, plus interest, plus costs and without any further notice.

 

NB: a hard copy of this email has been sent today recorded delivery but your 14 days notice starts from the date of this email.

 

Regards,

 

 

 

 

This is a very first attempt! thanks for any help with this letter.  Is there a specific email to use once i have a final draft?

 

For the references on the letter am i using the barcode reference and tracking number?

 

 

Thanks again

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Check the edits which I made above. I have removed some of the detail – particularly in respect of the fact that you sold it on eBay. It's not relevant and it could affect the choice of court if it came to it.

You can refer to that later on if necessary.
Make sure that everything is correct and that you are happy to sign it off and then send it.

I have no idea what is the best email address to use. Find one or two or even three email addresses – and send it all of them.
As long as the letter of claim get through the door that's the most important thing. That's all that counts.

After that it's for them to organise themselves so they can deal with the male they receive in an appropriate way.

 

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Thanks for your help with this.  I will get this sent to them and have also registered on the gov.uk website so my claim is ready to go

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See if you happy with the proposed draft below

 

Quote

The claimant used the defendant's courier service to send a coffee machine value £255 to an address in X X X town. Reference number X X X. The coffee machine arrived in the damaged state and cannot be repaired. The claimant had paid an insurance premium to cover loss or damage of the item.
The claimant was promised full reimbursement but the defendant subsequently reneged on this promise and only refunded the delivery cost. The claimant seeks full reimbursement – £255 plus interest plus costs

 

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Thats great! Was an easier process than i thought to sign up online.  Thanks for pointing me in the right direction rather than bang my head against the door with packlink

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Below is the response i have received to the emailed version of the letter of claim.  They should get the actual letter today

 

 

 

Thank you for contacting our Executive Office team. My name is Gavin and your email has been received and I have personally been asked to investigate this matter for you.

 

I’m very sorry this has happened, and I would really like to help you with this today by assisting you in making a claim, should you wish to do so.

 

I can see that this parcel was booked through Packlink Shipping. Packlink use our network to send their parcels through, but they are an independent shipper and any enquiries about their parcels need to go directly to them.

 

Here is the link to the Packlink website and claims department: https://support-ebay.packlink.com/hc/en-gb/articles/360014270619

 

You can also make contact with Packlink with the links below.

 

• eBay Delivery Help Center: https://support-ebay.packlink.com/hc/en-gb

• Packlink Help Center: https://support.packlink.com/hc/en-gb

 

I hope this helps you to get your Packlink enquiry resolved.

 

Kind regards,

 

 

 

 

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Ignore it.
 

Or,

 

If it were me I would send in the following email

Quote

Dear Gavin,

Make no mistake, I'm coming after you.

Contracts (Rights of Third Parties Act) 1999

Believe me

 

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