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

[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

[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

[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.

[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.

[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?

[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

[toyschoketoys]

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

[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

[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

[toyschoketoys]

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

[toyschoketoys]

I was going to send this back

 

Good afternoon Ilyas,

 

As stated previously in my letter of claim dated the 25th of May, under the Contracts (Rights of Third Parties) Act of 1999, I have the right to claim this compensation directly with yourselves. You have again denied me this right.

 

Tomorrow the 8th of June will mark the 14th day for you to try and resolve this.

 

If Hermes have not issued me a total refund of £161 by close of play tomorrow I will be going ahead on the 9th of June and opening a case with the small claims court to recover the funds that way.

 

Regards

[toyschoketoys]

Perfect, thanks BankFodder.

[toyschoketoys]

Well they're certainly sticking to their guns. I'll make the claim through money claim tomorrow.

 

Dear ,

 

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

 

I am sorry that you are not happy with the response unfortunately, as this was sent through Packlink and not Hermes directly you would need to contact them for a claim.

 

I do apologise for the inconvenience caused.

 

Kind Regards

 

Sarah Gregson

[toyschoketoys]

This is the last response from them. I'm just about to write up the short statement required on money service, can you read it over before I send it BankFodder?

 

Good Afternoon

 

Thank you for getting in touch regarding the recent parcel delivery reference xxxxxxxxxxxxxxxxx.

 

My name is Tasawar and I respond to complaints on behalf of the Executive Office. I have been asked to follow up your complaint in the absence of my colleague.

 

Firstly, I would like to start by offering my apologies on behalf of Hermes upon hearing that your recipient has not received the parcel.

 

Can I please advise as per your contractual agreement you will need to raise this matter further with Packlink as your contractual agreement is with them and not Hermes. Hermes is in a contractual agreement with Packlink who contracted us to complete this delivery.

 

As you have advised that you will be taking further legal action all future correspondence will need to be made in writing from your legal team to the below address.

 

Legal department

Hermes Parcelnet Ltd

Capitol House

1 Capitol Close

Morley

LS27 0WH

 

I would like to advise I will now be closing down this complaint and allow for you to proceed further via the legal team.

 

Again I sincerely apologise for any inconvenience caused.

 

Kind regards,

[toyschoketoys]

Apologies I wasn't sure if I was to use Money Claim or not being in Scotland but after looking into it as they're based in England I can use Money Claim.

[toyschoketoys]

Do I need to put any further details than this BankFodder?

 

Hermes incident ref: xxxxxxxxxxxxxx

Parcel ref: xxxxxxxxxxxxxxxx

 

On the 25/04/2021 I sold an Xbox One S to the value of £161 on eBay and used Packlink to send the item via Hermes.

 

The package was picked up from the collection point and scanned by Hermes, after this point I no longer received any updates.

 

01/05/2021 I contacted Packlink and they advised I should submit a lost item claim, I submitted this with Packlink on the 04/05/21.

 

06/05/21 Packlink contacted me to advise the item had been deemed as lost and that I would only receive standard compensation (£20) as I had not paid for the additional compensation.

 

12/05/21 I then contacted Hermes directly to request full compensation of the loss of the package as they had not fulfilled their contractual obligation of delivering the package.

 

13/05/21 they contacted me to say after an extensive search of the depot the package could not be found.

 

15/05/21 Hermes called me and advised they hadn’t actually searched the depot and would do so.

 

19/05/21 I was contacted again advising after an extensive search they could not find the item.

 

25/05/21 I issued a letter of claim to Hermes for a total refund of the £161 for the loss of the item.

 

26/05/21 Hermes contacted me to advise they would do another search of the warehouse.

 

07/06/21 Hermes declared that they had received no response from the hub team and that the package was deemed lost.

[toyschoketoys]

Thanks BankFodder, I wasn't sure how much details I needed to go into.

[toyschoketoys]

Hey Bankfodder, just an update. Hermes acknowledged my claim and said they would defend the claim on the 16th of this month, still heard nothing from them, I think they have 28 days to file a defence so I’m sure they’ll wait til as late as they can.

[toyschoketoys]

Hey Bankfodder, I've got my notice of proposed allocation to the small claims track as Hermes has defended the claim, I'm fine with everything else on the N180 form (ticked yes for mediation) the only problem I have is the fact that it's asking for a local county court, but I'm in Scotland and we don't have county courts. Do you have any advice?

[toyschoketoys]

Doc_20210726_171305.pdfDoc_20210726_171305.pdf

[toyschoketoys]

Yeah I did feel like they're just trying to spin it out as much as possible to see if I'll drop it but there's no chance of that. As much as I'd like to get my money back it's more about the principal of it and the fact they think they can get away with it.