Lost/Stolen Parcel - InPost via Parcel2go Booking

[billtraik]

Hello All!

 

I'm soooo lucky to stumble upon your Forum of excellence. Honestly love your work here guys!!

 

(Following a format of a post I recently saw, plagiarism at its best hehe)

 

I recently booked a label for postage, for an eBay buyer to return a highly expensive Graphics Card they weren't happy with, so I can then inspect and assess. 

 

Little did I know, I was in for a fight as this is how it all came about:

 

26/02/2021;

 

Booked and sent a postage label via Parcel2Go website to buyer via eBay, using the InPost drop off service. Value declared £1200. No extra insurance taken.

 

6/03/2021;

 

Received a delivery associated with the GPU (Graphics Card) but found they sent me a dressing robe instead of my intended item.

 

6/03/2021;

 

Opened a claim that my item was lost. Parcel2go stated I wait 14 days as they investigate what happened. 

 

SNAPSHOT OF WHAT IS SHOWING IN THE CLAIM TO DATE: -

Enquiry updates:

March 23rd 2021, 3:02 pm Rejected Parcel protection not taken. Parcel protection not taken

March 12th 2021, 11:50 pm Pending Courier

March 6th 2021, 5:58 pm Submit To Courier We have requested further information directly from courier, we will let you know once they have replied to our request

March 6th 2021, 5:58 pm Create Enquiry 

Tracking also showed "Hold. Requested information from courier" on this date, 5.09pm. After the loss enquiry was generated.

 

23/03/2021;

 

Spoke to Parcel2go on their LIVE CHAT but had been shut down on every occasion.

 

Then an update on my Enquiry stated: Enquiry showed " Rejected. Parcel protection not taken. Parcel protection not taken. ".

 

TODAY 04/04/2021;

 

I contact you for what my next step should be. I'm willing to go all the way.

 

I have photographic and video proof from my buyer that they placed the item in the drop box and closed its door.

I also have photographic and video proof of receiving the incorrect parcel into my hands by the driver via my Hostel's CCTV footage.

 

Not to add I have found some suspicious handling within the tracking details via the eBay tracker. As shown below.

 

Quote

Delivery package 2 of 2

Delivered on Sat, 6 Mar 2021

- Hide shipping details

 

I have a suspicious feeling you are going to ask whether I have read what was on the other forums.

I have but I would also like a brief on my next steps and whether I have missed something on the other forums.

 

So do I progress with an email stating I will be sending them a Letter before action or just go right ahead sending them a letter?

 

Also initially when booking the postage label, I had written down the value to be £1,200, as I initially thought they wanted what the Graphic Card is worth in the market. Or do I go by the value of the eBay invoice which was around about £700?

 

Looking forward to your thoughts.

Edited April 5, 2021 by dx100uk

[BankFodder]

. So you say that you have done the reading and you understand all the various arguments that are likely to be put forward by Hermes. That's a very good start.

In relation to your question as to what value you can claim – the aim of contract damages is to put you to the position that you would have been in if the contract had been successfully carried out. This means that if the graphics card had been properly returned to you then you wouldn't have been out of pocket by £700 and therefore, £700 is what you can claim for in contract.

Because it seems that the graphics card has been stolen, then you could bring an action in the Tort of Conversion and recover the full market value but unfortunately you aren't able to identify the person who actually stole the card and you would have to sue them directly to recover that level of damages.

So the answer is that you will have to sue for the value for which you sold the card and then for which you presumably, refunded the purchaser.

If you think that you have exhausted all avenues of claim and they have knocked you back definitively, then yes now is the time to send them a letter of claim.

I suggest that you post the draft here before you send it off.

Presumably you are aware of the rest of the steps. Presumably you are aware of the procedure for starting a small claim in the County Court and the mediation process if it goes to that – as it probably will

[billtraik]

Apologies for the delay,

 

Attached is the Letter of Claim, if you approve I will proceed with sending it Tuesday morning. Then send a courtesy email to parcel2go that, a Letter of Claim has been sent and they have 14 days to respond.

 

Thanks

Parcel2Go Letter of Claim.pdf

 

One more thing that I forgot to ask was. Is sending the Letter of Claim directly to their email, as effective as sending them a hard copy?

 

I will be sending out the hard copy anyway.

 

I'm just curious if a hard copy is mandatory.

[dx100uk]

not sure you have the correct target for the PAPLOC...

should it not be the actual courier?

 

Hermes swapped the graphics card out of my package for a pair of curtains, only gave me £100 compensation. How do I go to small claims? - Postal and Delivery Services - Consumer Action Group

 

dx

 

[billtraik]

Initially if you read above a couple comments up, BankFodder mentioned that I should pursue with whom I had the contract with?

 

Correct?

[dx100uk]

On 05/04/2021 at 08:27, BankFodder said:

So you say that you have done the reading and you understand all the various arguments that are likely to be put forward by Hermes. That's a very good start.

 

i was actually confused by BF's use of Hermes above, which must be an innocent mistake, as nowhere in post 1 do you mention hermes..

[BankFodder]

Whoops – sorry.

I'm afraid that it is so often Hermes that I get into "Hermes" mode and just start rattling stuff off without thinking.

It doesn't change very much though. In this case because you're not up against packlink, you can either decide to sue P2G or Hermes – who I believe are the courier.

You as all your correspondence so far has been with P2G then you may as well proceed against them. Your contract is with them directly. Had it been with Packlink who are based in Spain, then you would have had to use your third party rights and sue Hermes.

Have I unravelled it a bit for you?

[billtraik]

Hi,

 

I believe that I will be pursuing P2G with recovering my funds.

 

Are you happy with the above Letter to Claim above to send to P2G?

[BankFodder]

Well it's been over a month since you were last here so there's a little bit of catching up to do.

I think your letter could make it just a little bit clearer the amount of money that you are claiming.

If you going to do this then I think you need to start paying closer attention to it instead of leaving long gaps. It doesn't help us, it doesn't help you and it simply brings comfort to your defendant that maybe you are really engaged with the issue

[billtraik]

Yes sorry, I have had to sell a lot of items of late and I have to co-manage a hostel. My father's health has sparked my yet certain departure from the UK, dependending on tests results.  So my leisure time has been limited. But I am trying my best to keep on top of this.

 

In regards to your request to make the claim clearer. What do you suggest as I thought this line makes it clear what needs to be reimbursed?

 

"I require full reimbursement of the amount I had sold the item, which was £683.27 and also the
postage fee of £2.34."  

 

Thank you.

[BankFodder]

Sorry, but I've lost the plot.

Please could you type out your entire letter of claim here and we'll have a look.

[billtraik]

46 minutes ago, BankFodder said:

Sorry, but I've lost the plot.

Please could you type out your entire letter of claim here and we'll have a look.

 

Not a problem.

 

Parcel2Go
The Cube
Coe Street
Bolton
BL3 6BU
5th April 2021
Letter Before Court Claim
Dear Sir or Madam,
Re: Enquiry number: P2G8#######/14##### - Item Lost
Parcel2Go was entrusted with a shipment on 19/11/20, subsequently declared lost. The item
relates to an eBay return, which was valued at £1200 market value but sold for £683.27 on eBay.
The item was dispatched via a “Drop box” at your direction.
The item was labelled using the premises’ own label printing service, and scanned into your
network at the drop off location. Return address details were enclosed.
I require full reimbursement of the amount I had sold the item, which was £683.27 and also the
postage fee of £2.34.
You have confirmed you accept no liability for the loss of my package, and will not offer any
compensation or reimbursement greater than the original cost of shipment of £2.34.
If I do not receive full reimbursement within 14 calendar days of
the date of this letter, proceedings will be issued against you in the county court without further
notice.
I enclose a copy of the eBay sale and Paypal amount paid after fees to my account that the item
relates to, as well as evidence that the buyer was later refunded due to non-delivery to inspect the
item for your reference.
Yours faithfully,
xxx
Enc: eBay sale transaction, PayPal refund transaction

Edited May 29, 2021 by BankFodder
edits in red

[BankFodder]

edits in red

[billtraik]

Parcel2Go
The Cube
Coe Street
Bolton
BL3 6BU
5th April 2021
Letter Before Court Claim
Dear Sir or Madam,
Re: Enquiry number: P2G8#######/14##### - Item Lost
Parcel2Go was entrusted with a shipment on 19/11/20, subsequently declared lost. The item
relates to an eBay return, which was valued at £1200 market value but sold for £683.27 on eBay.
The item was dispatched via a “Drop box” at your direction.
The item was labelled using the premises’ own label printing service, and scanned into your
network at the drop off location. Return address details were enclosed.
I require full reimbursement of the amount I had sold the item, which was £683.27 and also the
postage fee of £2.34.
You have confirmed you accept no liability for the loss of my package, and will not offer any
compensation or reimbursement greater than the original cost of shipment of £2.34.
If I do not receive the full reimbursement of £683.27 within 14 calendar days of
the date of this letter, proceedings will be issued against you in the county court without further
notice.
I enclose a copy of the eBay sale and Paypal amount paid after fees to my account that the item
relates to, as well as evidence that the buyer was later refunded due to non-delivery to inspect the
item for your reference.
Yours faithfully,
xxx
Enc: eBay sale transaction, PayPal refund transaction

 

 

re-edits in red - Is this more what you were after?

[BankFodder]

Make sure it is all in black. Remove the red colour

[billtraik]

Of course. As always thank you. I will send this letter tomorrow.

 

I will update you accordingly.

 

I input the wrong figure in the red edit. It will be amended to £685.61 (ITEM £683.27 + SHIPPING £2.34) total.

Edited June 2, 2021 by billtraik

[billtraik]

My particulars of claim below:

 

The claimant used the services of the defendant courier company to send a ZOTAC ZT-T20810D-10P Gaming Geforce RTX 2080 Ti AMP Graphic Card value of £683.27 to a UK address. 

Tracking reference P...... claim reference ....

 

The defendant lost the parcel and has refused to reimburse the claimant. The claimant seeks reimbursement of £683.27 plus the courier fee of £2.34 plus interest pursuant to section 69 of the County Courts act 1984.

 

Money claim created. 19th July is their deadline + an extra 14 days to return with an answer. 

 

Will post results around then.

 

Thanks again for all your help.

 

CLAIM FORM - 25-06-2021.pdf

[maim.ajm]

On 02/06/2021 at 17:19, billtraik said:

Of course. As always thank you. I will send this letter tomorrow.

 

I will update you accordingly.

 

I input the wrong figure in the red edit. It will be amended to £685.61 (ITEM £683.27 + SHIPPING £2.34) total.

Hi, can i know how did you send the letter of claim to parcel2 go, do they have anyemail address for complaints ? 

[billtraik]

5 hours ago, maim.ajm said:

Hi, can i know how did you send the letter of claim to parcel2 go, do they have anyemail address for complaints ? 

 

 

They tried to put the blame on me for not opting for insurance and offered a refund for my postage.

 

email: [email protected]

 

 

Hope that works for you.

[billtraik]

Soooo as most would predict. PARCEL2GO had extended their time with the small claim online to review what is blatantly their fault.

 

I hadn't replied on here as I thought it wasn't necessary. 

 

So the wait is over and they have given me their template defence like everybody else on here.

 

 

Their DEFENSE extracted from a PDF file.

 

PDF States:

 

Why they dispute the claim

 

2.1. Claimant booked and paid for a service via the Defendant website. During the booking process the Claimant is required to enter the content and value, they confirmed the following: "PC PARTS" (43x30x10, 1kg - £1,200.00). Upon entering this value, the Claimant received the following pop-up message:

 

2.2. "Don't get caught without enough protection should the unexpected happen. You can protect your parcel up to the value of £2,500.00

 

2.3. Yes, I would like to protect my £1,200.00 parcel against loss or damage for £60.00 exc VAT.

 

2.4. No, I'm willing to risk my £1,200.00 parcel. I'm not worried about potential loss or damage."

 

2.5. Claimant declined the option to protect their goods fully and continued through their booking process. Prior to paying for the service, the Claimant is provided with another chance to protect their goods fully, this was declined again. The Claimant went on to accept the Terms and Conditions.

 

2.6. The parcel was collected and scanned as being delivered on a later date. Claimant began a claim for loss and requested a full refund. This parcel was confirmed as missing and the claim was reviewed, however, due to zero protection being purchased the claim was rejected and a refund of the carriage fees was added.

 

2.7. Defendant wishes to rely on sections 6.4-6.7 of the Terms and Conditions:

Terms and Conditions | Parcel2Go.com

WWW.PARCEL2GO.COM

---

About Parcel2Go.com - Terms and Conditions

 

Defendant’s timeline of what happened

 

26 February 2021

Claimant booked and paid for a service via the Defendant website. The Claimant opted for the zero protection service and accepted the Terms and Conditions.

 

6 March 2021

Parcel scanned as delivered. Claim was created due to a live help contact from the Claimant. An investigation was raised with the courier. During the live help the Claimant confirmed the following: "I did not opt for protection as I didn't have enough money to do so."

 

13 March 2021

The Claimant contacted again to chase the query and confirmed that the police and other agencies will be involved.

 

20 March 2021

Claimant contacted live help to chase the investigation. The operator explained delays were being experienced and to allow a little longer for an update. Once received the Claimant would be notified via the claim.

 

23 March 2021

The courier confirmed the goods as missing and a claim for loss was required. This claim was reviewed and was rejected due to zero protection being purchased. Claimant contact live help to express their disappointment in the service and their goods potentially being stolen. Claimant mentioned this would be taken to court if not resolved.

 

8 June 2021

Claimant sent an email 'Letter Before Court Claim' the Claimant requested a refund in full for £685.61 within 14 days.

 

9 June 2021

Defendant responded to the Claimant, providing the Terms and conditions and explained that zero protection was purchased.

 

1 July 2021

A Letter Before Action was received in paper form, the Defendant responded to this and provided them with a full breakdown of the booking process, along with the Terms. No further response was made.

 

2 July 2021

Court case was received.

 

Defendant’s evidence

 

Contracts and agreements:

 

Full booking process including the full Terms and Conditions.

 

Letters, emails and other correspondence:

 

All correspondence between Claimant and Defendant

 

3. Mediation

 

Willing to try mediation Yes

 

4. Statement of truth

 

I believe the facts stated in this response are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

 

Company:

 

Name: Chelsea Walton

 

Role: Asset Protection Officer

 

2 August 2021

 

[billtraik]

I put in my DQ and as I am in Scotland the most LOCAL of courts they can provide is in Newcastle. I'm not fussed, as I don't mind going on a little vacation to Newcastle. Haven't been yet.

 

I have a suspicious feeling that I may not have an excuse to go on vacay in Newcastle  ...

 

I will follow the dialogue of previous mediations that have been narrated on here. 

[BankFodder]

Okay. You seem to be in control of everything. Let's know when you get your mediation date.

And as you've already indicated – read the stories. I've put a sticky thread at the top of this sub- forum which explains hopefully in simple points why the insurance is unenforceable.

Of course your trump card is that if Hermes want to push it to court then you will invite the judge to examine the enforceability of the insurance and if that happens and the judge decides that it is an unfair term, then that will put a complete end to Hermes entire business model – and also the rest of the courier industry as well.

Hermes definitely do not want that because it will cost them millions.

Read all the mediation stories – and of course be wary of pressure from the mediator to settle.

Let us know when you get the date.