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

[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

[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.

 

[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

[BankFodder]

Quote

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

 

[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,

[BankFodder]

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

[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.

[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.

 

[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?

[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.

[toyschoketoys]

Doc_20210726_171305.pdfDoc_20210726_171305.pdf

[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

[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.

[AndyOrch]

Quote

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.

 

On the DQ N180...leave it blank  MCOL will allocate it to the defendants court ...I assume you have no desire to attend and offer your evidence pursuant to CPR 27.9

 

Its important you submit your evidence with a cover note once you get the courts directions and refer to CPR 27.9 that you will not be in attendance but will rely on papers alone.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part27#27.9

 

 

Andy

 

 

.

[toyschoketoys]

Perfect, thanks Andy, I’ll do that.

[honeybee13]

Thread reopened.

 

HB

[toyschoketoys]

Hi all,

 

I know it's been a while but that's because I've pretty much been waiting patiently for the case to go to mediation as money claim told me that's what was going to happen.

I called money claim last month and found out it should have definitely went to mediation by now and they said they'd sort it, however instead they've transferred it to the court, so I've had a letter asking me to set out the basis of bringing a claim in the UK courts and I have 14 days to reply.

I really didn't expect it to go to court, I expected a resolution through mediation so I don't even know where to begin with this now.

 

Thanks

Edited June 17, 2022 by toyschoketoys

[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 .

 

 

 

[toyschoketoys]

Hi BankFodder

 

Apologies for lack of spacing, been a while since I posted here.

 

I've attached a copy of the letter.

 

Thanks

Letter.pdf

[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

 

 

Quote

 

[toyschoketoys]

Thanks BankFodder, and thanks for responding so quickly, been trying to get through to MoneyClaim for an hour to find out what I'm supposed to do and as usual you're quick and helpful.