EVRi lost my package - court claim issued ***Settled in Full***

[toyschoketoys]

Quote

 

Hi all,

 

I'm looking for a bit of advice please. I am yet another person who has fallen victim to Packlink / Hermes losing my package. I sold an Xbox One S through eBay for £166 on the 25th of April and it was collected from the Parcel shop on the 26th. The only time it was scanned was on collection, it doesn't even look like it made it to a depot. I didn't pay the extra insurance through Packlink and I've been refunded £25 even though I refused to accept that amount from Packlink, I asked Packlink to give me a full breakdown of the investigation from Hermes for their declaration of lost and they've just stopped responding to me. I have been trying for days to get someone from Hermes to speak to me, I've emailed the CEO, emailed Hermes Support, started a case on Resolver and nothing, I haven't been able to get a single response from anyone. I've seen the advice on various other posts about going down the legal route which I'm more than happy to do, but I can't even get a response from them. Can anyone give me a bit of advice as to how to even get in touch with them?

 

Thanks

toys

 

 

Hi all,

 

I'm looking for a bit of advice please.

 

I am yet another person who has fallen victim to Packlink / Hermes losing my package.

I sold an Xbox One S through eBay for £166 on the 25th of April and it was collected from the Parcel shop on the 26th.

 

The only time it was scanned was on collection, it doesn't even look like it made it to a depot.

 

I didn't pay the extra insurance through Packlink and I've been refunded £25 even though I refused to accept that amount from Packlink,

 

I asked Packlink to give me a full breakdown of the investigation from Hermes for their declaration of lost and they've just stopped responding to me.

 

I have been trying for days to get someone from Hermes to speak to me, I've emailed the CEO, emailed Hermes Support, started a case on Resolver and nothing,

 

I haven't been able to get a single response from anyone.

 

I've seen the advice on various other posts about going down the legal route which I'm more than happy to do, but I can't even get a response from them.

 

Can anyone give me a bit of advice as to how to even get in touch with them?

 

Thanks

toys

Edited May 13, 2021 by BankFodder
Restructured in order to make it readable

[BankFodder]

Please note that I've had to restructure your post in order to make accessible – especially to people who use small screen such telephones.

Proper spacing will be much appreciated. Thank you.

You want to know how to get them to respond to you. It's easy.

Issue letter of claim and then issue the court proceedings. The effect is magical.

Please start by reading up the stories on this Hermes sub- forum. There are lots of them and you need to understand the principles and the arguments involved and also the route that these complaints and claims normally take – which is basically letter of claim, County Court claim, mediation – and most often settlement.

Particularly understand the arguments in relation to insurance and our view that it is unfair that Hermes requires you to insure them against their own negligence or the criminality of their own employees.

Also, read up the mediation summaries. There are excellent accounts of people's mediation experience here and that will prime you and make you feel confident.

Finally, read up on this forum about the steps involved taking a small claim in the County Court – because that is where this claim will eventually go.

When you've done your reading – and please be thorough about it, draft your letter of claim and post it here and we can have a look.

[toyschoketoys]

Hi BankFodder,

 

Thanks for your response, they have finally emailed me back and tried to tell me I'd need to go to Packlink, I have responded saying I don't need to go to Packlink as they were the ones handling the package and were negligent enough to lose it, this has nothing to do with Packlink.

 

I had a 20 minute argument with Hermes on the phone on Saturday about the same thing as they kept saying "you need to go to Packlink" I eventually asked them how a parcel just disappears into thin air and they actually admitted that even though they told Packlink the item was lost no one has done a warehouse sweep to try and locate it.

 

They are currently doing a warehouse sweep and will get back to me either tomorrow or Wednesday. So I'll be sure to give an update on what has been discovered.

 

Thanks

toys

[BankFodder]

Thanks for this update. Hopefully you have read enough of the Hermes stories to understand that this is one of their standard replies and also you understand the argument to defeat their position on this matter.

Frankly I think you should be absently assertive and you should simply let them know that you will be sending them a letter of claim. You might even want to draft it and send it to them on Friday.

No point in mucking around with these people. They will knock you around and they need to realise that you understand all of the situation and that you won't be bullied and that you are taking control.

[toyschoketoys]

Hi BankFodder. As expected I've had a response from Hermes after the warehouse sweep, they have obviously not found my package.

 

I have pasted a letter of claim below giving them 14 days that I will issue to them in the morning, can you please look over it and advise if it looks ok?

 

Thanks

toys

 

 

 

To whom it may concern

 

As you know I used your services on Monday 26th April to post a parcel containing an Xbox One S to the value of £161 to an address in the United Kingdom.

 

I raised the issue with Packlink to which I was told the item had been lost. I then raised the issue directly with yourselves and in a phone call on the 15th of May was told no one had actually looked for the package and that a warehouse sweep would be done. I waited until Wednesday the 19th of May to be told the package could still not be found.

 

Hermes are beneficiaries of the contract with Packlink and the Contracts (Right of Third Parties) Act of 1999 gives me the right to claim this compensation directly with yourselves. You have on multiple occasions tried to deny me this right.

 

Your contractual obligations were to deliver a parcel to its intended destination and this was not fulfilled. You have breached your contract on this and also, as I have asked several times previously, not provided any evidence that a search has taken place for the missing item, firstly when claiming the item was lost but not having done a search, and secondly still not providing the evidence that the search took place. I have also requested on several occasions what the process is for delivery of large packages are through your network and how a package of that size can go missing.

 

I am claiming a total refund of the £161 for the loss of the item. If this is not approved within 14 days of receipt of this letter I will be opening a case with the small claims court.

 

Regards

[BankFodder]

It's a bit verbose – and also you have misunderstood the principle of the 1999 act.

You don't enjoy rights under the act because Hermes are the beneficiaries. It's clear that Hermes are the beneficiaries because they have a direct contract with Packlink. It's you the noncontractual third-party who acquires third-party/proxy rights as a result of the 1999 Act. You are not a party to the contract and if it wasn't for the 1999 Act you would have no right of action under contract and you would have to try your luck under negligence which is slightly more complicated.

The letter has to be Headed "Letter of Claim" – and also you have put no reference numbers, so they have no idea what you are bleating on about.

You don't need to worry about all the stuff requiring evidence of a search et cetera. Completely unnecessary.

I suddenly noticed that you say that you have raised the matter with them in a phone call. Is there nothing in writing?

[toyschoketoys]

Is this better? I was going to put "Letter of Claim" and the reference number in the subject of the email I didn't think I needed to put this in the post.

 

Everything is in writing that they have lost the package, the only part that is not in writing is when they told me over the phone no one had actually searched for the package. They followed up with an email advising they'd then thoroughly searched and lost it, I asked them for explanation and someone called basically just quoting the email, no further explanation.

 

To whom it may concern

 

As you know I used your services on Monday 26th April to post a parcel containing an Xbox One S to the value of £161 to an address in the United Kingdom.

 

I raised the issue with Packlink to which I was told the item had been lost. I then raised the issue directly with yourselves and in a phone call on the 15th of May was told no one had actually looked for the package and that a warehouse sweep would be done. I waited until Wednesday the 19th of May to be told the package could still not be found.

 

Under Rights of Third Parties Act of 1999, I have the right to claim this compensation directly with yourselves. You have on multiple occasions tried to deny me this right.

 

I am claiming a total refund of the £161 for the loss of the item. If this is not approved within 14 days of receipt of this letter I will be opening a case with the small claims court.

[BankFodder]

Okay. I would still put the fact that it was a letter of claim into the body of the email. I will also put the reference number into the body of the email.

Also, If you have made a written complaint and received a written reply then I would refer to that and not the phone call.

Also – you have got the name of the 1999 Act wrong

[toyschoketoys]

Ok I've referred to the emails along with the phone calls which I was told were recorded, and corrected the 1999 act to its full name. Is there anything else I should update or include?

 

Letter of claim

Ref: xxxxxxxxxx

Parcel number: xxxxxxxxxxx

 

To whom it may concern

 

As you know I used your services on Monday 26th April to post a parcel containing an Xbox One S to the value of £161 to an address in the United Kingdom.

 

I raised the issue with Packlink to which I was told the item had been lost. I then raised the issue directly with yourselves and in an email dated the 13th of May was told after an extensive search the package had been deemed lost. This was then followed up by a phone call on the 15th of May when I was told it was lost, but also told no one had actually looked for the package and that a warehouse sweep would be done. I waited until Wednesday the 19th of May to be told via email again after an extensive search the package was lost.

 

Under the Contracts (Rights of Third Parties) Act of 1999, I have the right to claim this compensation directly with yourselves. You have on multiple occasions tried to deny me this right.

 

I am claiming a total refund of the £161 for the loss of the item. If this is not approved within 14 days of receipt of this letter I will be opening a case with the small claims court.

[BankFodder]

Have you included the courier costs?

[toyschoketoys]

I haven't because Packlink refunded me the courier costs so I wasn't sure if I should include that or not. Should I claim that also?

[BankFodder]

No that's fine. If you have been reimburse the courier costs then you won't be able to claim them again. However, you could tell them that you are going to add interest so you would be suing for the reimbursement of the declared value plus interest

[toyschoketoys]

Perfect, thanks for all your help BankFodder, I'll get this sent to them now and update when they respond.

[toyschoketoys]

The response... they want to look again, and apparently I can't make the claim with them.

 

 

Dear

 

In reference to parcel xxxxxxxxxxxx

 

My name is Stephen and I am contacting you from the Hermes executive office on behalf of my colleague Emma, who is currently out of the office.

 

I am truly sorry to see that we have not been able to locate your parcel within the network. I can confirm hat the necessary searches have been carried out, to no avail. I can see that we have advised eBay that this is missing. Due to the structure of our contract with eBay, we are unable to process any claims on their behalf. Contractually , we can only process claims for any parcels in which the delivery order was made via Hermes and not any third party. In this instance, we are unable to process any claim directly for you. Please continue to liaise with eBay for further assistance with regards to your claim.

 

I would like to search again for your item, to give me the best chance possible of locating it, please can you send me a detailed description of the item and an image of the item.

 

Once I receive this information I will investigate this matter further immediately.

 

Kind Regards

 

Steve

[BankFodder]

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Dear Steve

Thank you for your message of XXX date referring to the parcel which you have managed to lose – reference number XXX.

I am attaching some additional information which may help you in your search but meanwhile you had better understand that I've sent you the letter of claim and the clock is ticking and the only thing you can do to stop the clock is to find the parcel or pay me my money.

We both know that the effect of the Contracts (Rights of Third Parties) Act 1999 is to confer upon me full contractual rights to sue you for your breach of contract - so please don't muck me around. I appreciate honesty and straight dealing.

Tic tock tick tock…

Yours sincerely

 

[toyschoketoys]

Genuinely burst out laughing at the "tick tock" bit. 

[BankFodder]

It's not meant to be a joke. Send it – maybe they will see the funny side.

[toyschoketoys]

Trust me, I needed a laugh after the hassle I've had with them!

[toyschoketoys]

Response number two.

 

Good Afternoon 

 

In reference to parcel xxxxxxxxxxxx

 

Thank you for getting back to me & for sending me the images of your item. I have now requested that our hub carries out a search for this, we should have a response within no longer than 48 hours.

 

In the meantime, please contact eBay Packlink by clicking the below link to start a claim,. In the event that we are unsuccessful in locating the item, your right to claim may be time sensitive, I would strongly recommend making contact with the team as soon as possible.

 

In line with our terms and conditions, we are only able to process claims for the account holder, by whom the original order was placed. As you placed the delivery order with eBay, (paying eBay) - eBay then processed an order with ourselves, making them the account holder.

 

You can contact eBay / Packlink by clicking the below link:-

 

https://support-ebay.packlink.com/hc/en-gb/articles/360014270619#

 

Please don't hesitate to contact me if you would like to discuss this in the mean time.

 

Kind Regards

 

Steve

[BankFodder]

Quote

Dear Steve,

Reference number XXXX

Tic tock tick tock….

Yours sincerely

 

[BankFodder]

By the way – they are quite correct. Your claim is time sensitive. You have six years from the date of the breach

 

Have you signed up to the County Court's moneyclaim website?

You should do this now and start preparing your claim. You can save your work as you go.

Post a draft of your particulars of claim here for us to see.

On day 15 – the day after your letter of claim expires, click off the claim

[toyschoketoys]

I had read somewhere that it was years after the fact you could claim so I wasn't too worried about that aspect. I haven't signed up for that yet no, I'm a bit unclear on whether I use the Scotland equivalent of a "simple procedure" or if I still use Money Claim as the defendant is based in England.

[toyschoketoys]

The final response by the looks of things

 

Good Afternoon

 

In reference to parcel number: xxxxxxxxxxxxxxx

 

Thank you for contacting our CEO, Martijn De Lange. My name is Ilyas and Martijn has personally asked me to investigate this matter on behalf of my colleague.

 

I am very sorry for the delay in responding back to you and for the delays in the response from the Hub teams.

 

Unfortunately, due to no response received from the Hub teams I would now conclude that this parcel would be deemed as lost and to now continue to take this further with Packlink.

 

You can contact eBay / Packlink by clicking the below link:-

 

https://support-ebay.packlink.com/hc/en-gb/articles/360014270619#

 

 

Kind Regards

[BankFodder]

Please will you remind me. Did you send your letter of claim?

[toyschoketoys]

Yes, the letter of claim expires tomorrow as that will have been the 14 days from when it was sent.