Hermes Lost Parcel (PS5) Court Claim **SETTLED FOR FULL AMOUNT AT MEDIATION**

[samps_SBM]

Hi 

 

having seen the other similar cases I have a pretty good handle of the steps I need to follow I am just looking for guidance around the wording etc to make sure I am getting it right. 

 

Brief background:

 

Sold a PS5 for £530 via Ebay and chose Packlink/hermes to send the parcel to buyer on 22/03/2021. I opted for the standard insurance (from this site I am now aware this is not enforceable and should be covered for the full value of the transaction) 

 

contacted Packlink & Hermes, as the parcel was still undelivered on the 29/03/21

 

 

on the 30th I received a response from Hermes who stated the Item is is "unaccounted for" and told me to liaise with Packlink  which I have done 

 

Packlink confirmed on the 8/04/21 the Item has been declared lost aswell and will confirm compensation which I will assume will be the offer of £25

 

I will reject this offer and then send a letter before action to Hermes, I have opened the money claims online and will post both the letter before action and Particulars of claim for review before issuing to Hermes.

 

is there any steps I have missed? any advice will be appreciated

 

 

 

 

Edited April 9, 2021 by samps_SBM

[dx100uk]

 good work.

 

 

[BankFodder]

It sounds as if you have got everything about right.

Yes please, post the letter of claim here and also your proposed particulars of claim so that we can comment.

[samps_SBM]

Letter of claims

 

Parcel reference number – xxxxxxxx– claim reference number X X X
Letter of Claim

 

On 22/03/2021 I used your service to send a parcel under the above reference number.
The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told that the item was lost.
I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover.

My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.

I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action.

I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable.

The contents of my parcel were valued at £530.00  plus the delivery fee of £5.09.

If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice.

Yours faithfully

 

Particular of claims 

Parcel reference number – xxxxxxxx– claim reference number X X X

The claimant used the courier service provided by the defendant courier company to send an item to a third party.
The defendant company has admitted that they have lost the item and yet they refuse to compensate the claimant.
The value of the item sent was £530. The delivery fee was £5.09
The claimant claims full reimbursement of 535.09  plus interest pursuant to section 69, County Courts act 1984.

 

 

please let me know if this will require editing? I am still waiting for Packlink to confirm the value for compensation before I go ahead and send the letter to Hermes

[BankFodder]

The letter of claim is fine but the particulars of claim need tweaking and in fact we might try a different approach.

What do you mean that you are waiting for confirmation of the value from Packlink?

[BankFodder]

Suggested draft particulars of claim

Quote

The claimant used the defendant's courier service to deliver an item, value – £530 to a UK address. Reference number XXX. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £530 plus delivery fee £5.09, total: £535.09+ interest pursuant to section 69 County Courts act 1984

 

 

[samps_SBM]

this was the last communication I've had from Packlink on 8/04/2021:

 

Dear,

After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation.

· PACKLINK ORDER: xxxxxx
· SHIPPING LABEL: xxxxxxxxxx
· CARRIER NAME: hermes_uk
· CLAIM TYPE: Loss
· CLAIM STATUS: Investigation complete/Transferred to claims department

What happens now, when I will receive the compensation?

The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days.

In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.

 

 

the last communication I had from from Hermes 7/04/2021:

Reference: xxxx

Parcel ID: xxxxxx Subject: Hermes email enquiry

You recently requested assistance through our online support pages. Below is a summary of your request and our response.

To access your question from our support site, click here

Response By E-mail (Angela Olroyd) (07/04/2021 11.17 AM) Dear $contacts.name.first $contacts.name.last,      Thank you for advising us that your Packlink parcel $incidents.c$parcel_id has not been received by G Hughes. I apologise for the delay in my response to you.     I am so sorry that you were not provided with the information that you require to make a claim.     I’m truly sorry this situation has occurred, and I want to support you by advising you of the speediest course of action to resolve it.      Please contact Packlink to submit a claim, letting them know your parcel was confirmed as lost in Hermes’ network. You can do this by clicking here https://support.packlink.com/Claims       I can assure you this is not the norm as we usually deliver over 1 million parcels successfully, every day.       If your recipients won’t be home to take delivery of your parcels in the future, they can choose a preferred neighbour or safe place to leave your parcel here https://new.myhermes.co.uk/track.html. That way, we can make sure it gets to them, even if they're not home.   If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.      Kind regards,       Angela / Ext 2346  Hermes Customer Services

 

 

Am I right to wait for Packlink to confirm the value for compensation before I send Hermes the Letter of claims? or should I go ahead and issue it right away now?  

 

Thank you for the updated particulars of claim I have saved it in the money claims site ready to go on day 15 once letter of claims has been issued

[dx100uk]

here comes £25..you have to wait sadly before issuing your letter of claim.

[samps_SBM]

Yea I thought as much, |'ll wait knowing I have done the necessary prep for when to get the process going, just realised I didn't add the court fees £60.00 in to my particulars of claim so I've added that in now as well. 

 

The claimant used the defendant's courier
service to deliver an item, value – £530 to a
UK address. Reference number xxxxxxx.
The defendant breached the contract by losing
the item and refuses to compensate the
claimant on the basis that the claimant did
not take out the defendant's insurance
policy. The defendant's requirement that a
customer is responsible for insuring
themselves against the defendants own
negligence or the criminality of its
employees are unfair within the meaning of
the Consumer Rights Act 2015 and therefore
unenforceable. The claimant seeks £530,
delivery fee £5.09, court fees £60.00:
£595.09
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 22/03/2021 to 11/04/2021 on
£535.09 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £0.11.

[BankFodder]

I don't understand why you think you need to wait for an evaluation by Packlink. You declare the value with eBay when you dispatched it.

You can send the letter of claim straightaway.

In terms of the particulars of claim, I don't think you need to add all the stuff about the calculation of interest. That comes automatically with section 69 of the County Courts act.

Are you able to fit all that stuff above into your draft particulars of claim?

[BankFodder]

Actually on second thoughts, you had better wait until you get their final response as to how much they're going to pay you.

[samps_SBM]

No problem I will wait, and I took that text from the next page which ism the summary page, it automatically adds the calculation of interest and dates to the text. My actual text finishes at the point of total claim amount £595.09

[samps_SBM]

As expected Packlink came back today saying they will process £25.00 claims and sent the postage to my paypal. 

 

I have posted the letter of claims to Hermes 1st class recorded and sent them the email aswell

 

I will now reply to Packlink declining the £25.00 and request the full amount 

 

is this all the steps required at this stage?  

 

[BankFodder]

Yes, tell them that it's not acceptable and that you will be suing Hermes for the full amount and that you have already sent them a letter of claim

[samps_SBM]

great, thank you. I have done the above and put it in my diary to submit the money claims online form on the 23/04/2021 

 

Hermes just responded to my Letter of claim: 

 

Hi Samson

 

Thank you for contacting Hermes with regards to tracking number xxxxxxxxx
 

Please direct all queries through to Packlink Shipping

 

Packlink have taken the money for this delivery, not Hermes and therefore this will need to be directed through to them.

 

They have been made aware that the parcel is missing and a claim has been made.

 

I can only apologise again for the inconvenience caused and would like to take this opportunity to thank you for your patience and continued support
Kind regards

Nickie ext 2549
Customer Service Advisor

[BankFodder]

I suggest that you respond to her

 

Quote

Dear Nickie

You're talking a load of nonsense. I know it and you know it.

Hermes are fully aware that their victims are entitled to sue them as beneficial third-party is under the Contracts (Rights of Third Parties) Act 1999.

You've had the letter of claim and the clock is ticking.

Believe me

 

 

[samps_SBM]

thanks I've done that now aswell 

[samps_SBM]

they have responded again today: 

 

Thank you for getting in touch with us regarding parcel xxxxxx,

 

As previously advised by my colleague, as this parcel was booked through Packlink shipping, we are unable to issue you with a refund directly and Packlink has requested this on your behalf which is in line with our contractual agreement with them as they have processed this order on your behalf with us.

 

Packlink will then issue you with the refund once you have placed a claim through them.

 

We would have been more than happy to assist you with a claim for the parcel, however our binding contract with Packlink does not allow us to do as this has been booked under their account for you and this is why we have referred you to them.

 

I do hope you can accept my sincerest apologies for the inconveniences caused.

 

Should we be of further assistance, please do not hesitate to contact us.

 

Kind Regards,

 

Melissa ext. 2663

Hermes Customer Services

A: Hermes 1 Capitol Close Morley Leeds LS27 0WH

[samps_SBM]

I have now received the £25.00 refund in response to me declining the Packlink's claim amount and requesting the full amount of the parcel. its actually quite bad that both Hermes and Packlink would operate in this manner. I wonder the actual number of people who has lost their funds to these businesses and their unethical tactics 

 

Dear Customer,

We are pleased to inform that bank transfer or Paypal refund related to goods compensation has been made, 15-04-2021.



 

Mercedes Pedrique
Claims Specialist
eBay Delivery powered by Packlink

[BankFodder]

Send her a note – copy to the Hermes people acknowledging receipt that pointing out to them that this is a unilateral payment not agreed with you and you will deduct it from the County Court claim which you will be making in the very near future

[samps_SBM]

Thank you I've sent that as well now. 

[samps_SBM]

Hi all, hope you are well, Just an update, as the 14 days has passed I've now submitted the claim online. 

[samps_SBM]

quick update: I received a letter on the 4th of May, stating that Hermes have filed an acknowledgement of service. It goes on to say that they now have a total number of 28 days from the date of service of the claim to file a response.

[BankFodder]

Okay thanks for this. The next step will be that they will file their defence. They probably do it at the very last moment just when you think that they are going to miss the deadline.

The defence will be the usual load of rubbish – but we would like you to post up here in PDF format anyway when you get it. In the meantime – as usual please make sure that you read all of the stories on this Hermes sub- forum – and also the mediation stories because they will be very useful to you.

[samps_SBM]

Hi I want to confirm my thoughts are correct, the claim was issued to Hermes on the 28th of April, and was acknowledged by Hermes on the 30th of April. On the basis of the below taken from the acknowledgment of claim I should be able to file for judgement tomorrow if nothing is received today?  

 

 "If you file an acknowledgment of service but do not file a defence within 28 days of the date of service of the claim form, or particulars of claim if served separately, judgment may be entered against you."