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

[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.

[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.

[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?

[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

[BankFodder]

Have you included the courier costs?

[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

[BankFodder]

Quote

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

 

[BankFodder]

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

[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

[BankFodder]

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

[BankFodder]

Okay I've had a look at it – and that's fine.

Sorry about the delay but I was using a device and I couldn't read it properly and I wanted to doublecheck.

 

[BankFodder]

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Dear Sarah

You know and I know that under the Contracts (Rights of Third Parties) Act 1999 that I have full third party rights to sue you instead of Packlink.  
If you don't know this then you better have a word with somebody about your staff development because you should know.
If you do know then shame on you for trying to pull the wool over the eyes of your customers.
I'll be issuing proceedings tomorrow

Good luck

 

[BankFodder]

Yes, issue the claim – but everything should have been prepared by now especially the particulars of claim.

[BankFodder]

Quote

The claimant used the defendant's delivery service to send an item value £161 to a UK address. Defendant' s reference number XXX. The defendant lost the item. The claimant is suing on the basis of the Contracts (Rights of Third Party) Act 1999 as a beneficial third party. The court is invited to exercise its powers under the Consumer Rights Act 2015 to examine the fairness or otherwise of the defendant's terms and conditions with particular reference to their requirement that it is the customer who must purchase insurance to protect themselves against the defendant's own negligence or criminality of their employees.   The claimant seeks reimbursement of £161+ £XXX delivery costs plus interest.

 

[BankFodder]

I'm putting up a call to my site team colleague @Andyorch

 

Please will you put up the defence in PDF format. It's probably the same as the rest of them but you never know.

[BankFodder]

Okay thanks. The usual rubbish trying to pass the buck onto pack link even though they are fully aware of the Contracts (Rights of Third Parties) Act 1999.

Hermes usual abuse and unfair treatment of their customers and as usual simply exploiting our excellent County Court service which comes them free of charge in order to frustrate your legitimate claim.

Stick by your guns.

When it goes to mediation, stand your ground. Read up the mediation stories on this sub- forum and let us know when you get the mediation date

[BankFodder]

Please would you post a letter here .

 

Also, it will be very helpful if you wouldn't make your posts in a solid block of text .

 

 

 

[BankFodder]

Quote

The claimants claim is based on the defendants breach of contract .

The defendant is a courier company which agreed to carry a parcel belonging to the claimant to a UK address .

The parcel contained a XXX and the value was declared at £xxx.

The defendants tracking number was XXX and the parcel will send on xxx date

The defendant has filed a defence to the claim and their only defence is that there was no contract between me and them .

This is correct. I used a parcel broker called packlink .

However, I am suing the defendant as an entitled third party under the contract open ( rights of third parties) act.

This act of parliament gives me as a named beneficiary or within a discernible class of beneficiaries, the rights to bring a action for breach of contract as if I was a direct contracting partner .

Therefore, I respectfully suggest that I have a statutory right to bring my action for breach of contract against the defendant .

The defendant has not defended on any other issues .

I would respectfully submit that if the court agrees that I am entitled as a third party to bring this action as if I was a direct contracting party, then judgement must be given to me as the defendant has not raised any other issues in their defence .

Statement of truth.

Signed.

Date

 

 

 

 

 

 

 

Quote

 

 

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[BankFodder]

If you had done your reading then you would have seen this:

 

 

[BankFodder]

Congratulations on a very good result. We only give advice but it is your tenacity which counts.

 

It shows once again what a load of time wasters EVRi are. They force you to jump through hoops hoping that you will give up and they take advantage of a taxpayer funded particle system which is already heavily overloaded.
For EVRi it is debt avoidance on the cheap.

Thank you also for coming back and letting us know what has happened – far too many people don't bother.

Also we received a donation from you – thanks very much indeed and I am sending you an email directly.