Parcel Hero + EVRi = Lost laptop - *** Successful Claim ****

[BankFodder]

Please could you post up any documents in PDF format. I'm afraid that JPEG are difficult to deal with and causes problems for people especially those with small screens.
PDFs please. Single file multipage.

You say that you have already been reading around this forum and so you understand the stories and the steps involved in making a claim against Hermes. You also understand that you will inevitably end up having to go to court.

Please could you set out what has happened in a brief chronological timeline. Try and skip the narrative.

If you done a letter of claim then can you please put it up in type format – not a JPEG – or in PDF format.

I understand that you are claiming for a laptop computer which was sold for £1500.

Was this all properly declared?

Did you take out insurance?

Have you made your formal complaint against Hermes or P2G and have they declined your claim – and on what grounds.

As you originally contracted with P2G and because they are based in the UK – unlike Packlink who are based in Spain, you have the option of suing either one.

[BankFodder]

3 hours ago, BankFodder said:

Please could you set out what has happened in a brief chronological timeline. Try and skip the narrative.

 

 

[BankFodder]

23 minutes ago, alanwicker555 said:

 

 

 

Letter of Claim - Tracking number: xxxxxxxxx

 

Dear Sir, Madam, 

 

On 26/02/2021 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.

 

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 and your subcontractor Hermes, systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable.

 

The contents of my parcel were valued at £1,625.00  plus the delivery fee of £11.88.

 

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 sincerely, 
xxx

 

 

This is all you need in your particulars of claim.

Send it off now – and then register with moneyclaim online and start preparing your claim.

Post your proposed particulars of claim here for us to see before you click it off.

You clearly do understand the arguments in respect of their so-called insurance requirement.

As long as the contents of the parcel were properly declared and as long as the value was properly declared – then our view is that you are satisfied all the requirements.

As you know, it is really for the courier company to protect themselves against negligence or criminality of their own employees. Not for you.

Please make sure that you read all the steps involved in taking a small claim to the County Court so that you are confident about what you're doing. It's straightforward but it is worth making sure that you are in control.

Very likely your claim go to mediation – look at the mediation stories here. There are several excellent summaries of people's mediation experience which will be helpful to you.

Let me do point out, that based on the value of what you are claiming here, there is a possibility that they may decide to stick their heels on the mediation and to force it to a court hearing. After that, it is extremely likely that they will put their hands up just before the court hearing because in fact they will be testing your resolve.

However, if it does go to a court hearing then it would be if an opportunity for their insurance requirement to be tested against the unfair terms provisions in the consumer rights act 2015. That would be very interesting to us and of course we would expect a judge to declare that the insurance requirement is unfair.

That would be very serious blow for the courier industry.

Please keep us updated. You may well get some kind of response from P2G but stick to your timeline. You would have given them 14 days – wait until day 15 and then click off the claim.

[BankFodder]

I made an amendment in red – and if that all fits in then I think the invitation to the court to examine the entire contract for fairness and unenforceability may up the ante a little. It would certainly be quite exciting if it actually got to court

[BankFodder]

Thanks.

I'm not going back through the thread at the moment – but as long as the laptop was correctly declared and the values correctly declared – then you know what we have to say about insurance requirements et cetera.

As soon as your letter of claim deadline expires then click off the claim.

One thing that occurs to me – and you might like to find out – is that having declared that it was a laptop of that particular value, would it then allow you to go on to get insurance?

That would be quite amusing to find that it was apparently on their prohibited items list – and yet they would still sell you insurance. If you found that out, we could store it away and use it.

[BankFodder]

Okay. Same old story.

I've written lots of commentaries on the arguments to use in respect of the various defences. Please make sure you understand what we are saying in terms of the fairness of unfairness of the requirement that it is you who insures against the negligence of the company or the criminality of their employees. It is the company which should be taking out insurance not their own customers.

Imagine going into a restaurant and you get food poisoning and then the restaurant says that they don't have third party insurance. It is the customers job.

Make sure you are thoroughly familiar with all the various principles and also the mediation journey. Lots of good summaries here about the mediation experience.

Let us know when you get the DQ. And small claims track. Agree to mediation – because they probably will have indicated that they want it.

Keep us updated

[BankFodder]

No I don't think that's helpful. You aren't suing Hermes and the action is in contract anyway.

 

[BankFodder]

Please can you post up the witness statement or skeleton arguement that you have filed

[BankFodder]

Thanks very much indeed for updating us and also thank you very much for this very helpful message.

[BankFodder]

The transcript has been ordered and it should be available in the next couple of weeks or so.

 

 

Once we have it then you can be certain that we will give you access to it .

 

Have you located the other judgement which we have supplied .

I think it is posted up on that thread somewhere.

 

You should start planning your court bundle and also your witness statement/skeleton arguement