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Parcel2Go.com Limited this time **WON in court**


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Hey @BankFodder, you probably don't remember I was here last year for a lost parcel by Hermes, went to small claims court, I won and they gave up during mediation.

 

Unfortunately, there's once again a problem, this time it's Parcel2Go.com Limited/ DPD.

They lost my item,

offered me the standard £50 insurance,

but the declared value is 10 times that and it's not on the prohibited list,

 

I rejected their offer through the online portal and told them that if they don't offer me the full refund, I am launching a small claims case first thing tomorrow morning.

 

I should stick to the routine from last time, right? God I'm so tired of all this crap... Hope you are well !


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  • BankFodder changed the title to Parcel2Go.com Limited this time

Yes, exactly the same as last time.

Who did you sue last time? Was it Hermes?

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You say that you are launching a claim tomorrow.

Have you actually made a formal complaint and received a refusal? Have you sent a letter of claim?

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I have made a complaint via their live chat because this is the only form of communication they have. I told them that I don't agree to their £50 compensations and that I require the full amount. Also, when I was proposed on their online portal with 3 options - 1 - Accept Offer , 2 - Reject Offer , 3- sth else I clicked on reject offer and now the platform says 'under review' and 'We’re sorry that this offer did not meet your expectations. We’ll review this case again and get back to you shortly.   Should I wait for them to respond first? Also, last time with Hermes I had not made a formal complaint per say nor a letter of claim and I started the small claim anyway. You are saying they might be more strict this time if some of these steps are not respected?

 

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you must send by royal mail a letter of claim giving a clear 14 days, before issuing a court claim.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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If you didn't send a letter of claim last time then you are probably lucky that they are so slight that they didn't challenge your failure to adhere to the protocol.

You need to start by making a formal complaint in writing – either by email or letter and get a written refusal. This could be by email or letter.

I wouldn't give them too long – maximum 10 days but I certainly wouldn't include a deadline in the letter.

Then send them a letter of claim giving them 14 days or you take action.

Then on day 15 – take action

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Ohhh okay, right, I get it now, I will follow these steps correctly then. Just lastly, I don't fully understand who am I claiming against, the website is www.dpdlocal-online.co.uk, but on the bottom of the page it says :

 

All payments processed by Parcel2Go.com Limited
© Parcel2Go.com Ltd 1995-2021 All Rights Reserved
Company Number: 02591405
VAT Number: 597 8491 61

 

So is my claim against Parcel2Go.com LTD or are they just handling the payments and my claim is actually against dpdlocal-online ?

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This issue has come up before and frankly I'm always a bit confused as to who is who

Search this sub- forum for "DPD" and see what people have been doing

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I thought parcel to go was a 'broker' style company. They take the details then find the people who will be happy for your money. Add there fees and hey presto the service is sorted.

IMO its parcel to go as thats who u paid. Tho it could be argued that DPD Lost it but you did not employ or pay DPD. 

 

Tho l might be wrong it has been known. 

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OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hey,

I got the answer finally from their agent in chat. *see attached document* she admitted that it's parcel2go that is liable and provided me with the postal address to send legal paperwork to.

 

 She also said she has escalated this further to her senior and pinned it to my case. Does that mean they might reconsider after I send the the letter by post?

 

let's see I will send both a letter and an email of complaint tomorrow and see that happens. Should  I mention the Consumer Rights Act 2015 in the letter of complaint?

 

ts.pdf

Edited by dx100uk
added A few blank lines only..dx
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What l was right damn makes us change. 

  • Haha 1

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 3 months later...

Thank you @honeybee13 for the quick response!

 

I have an update to this case: 

 

Finally after many months of Parcel2go delaying the process I've had my mediation appointment - they have offered less than half of the claim value so I obviously rejected that so the mediation was deemed unsuccessful. We will be proceeding with a court hearing soon. Is there anything important to keep in mind since I've never been to any court before?

 

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Yes get reading up 100's of like cases in this very forum.

cag is self help too!!

n157 next

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Other than what DX has said. Between Now and the court date they have plenty of time to come back with a offer. be aware they might. Be prepared to listen and say no or even counter offer. Remember to follow what the courts say for filing of documents and be on top of the courts making sure the other side has filed with them and you. 

 

For the day of court.

Please remember have everything ready, make sure you tab and label everything knowing what documents you need in order, bullet point your arguments, have their documents as well as you can see what they are wanting to rely on. Also regarding those bullet point anything and everything you want to pull them up on a highlight. Have extra copies of the file as well as the other side could forget some important documents like the stuff you want to rely on. Further to this get a good nights sleep dress smart be polite and kick backside. 

  • Like 1

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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twill be telephone hearing like all the others i bet

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I was being hopeful that courts would open up. Still need a good nights sleep and be polite Also should not need files for other side but make sure you have yours and everything you want to say etc. 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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100's of parce2go claimform threads here detailing exactly what a witness statement should contain.

but it might not go that far.

 

dx

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Not saying they dont 

 

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

I don't know why you have used the heading "Locus Standi". It has nothing to do with that.

If you want to heading then it should be "unfairness of the requirement that the customer takes our insurance to protect Hermes against their own negligence or the criminality of their employees".

 

You should also include a paragraph:
"the claimant invites the court to consider the fairness or otherwise of the defendant contractual terms as empowered to do so by the Consumer Rights Act 2015"

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You could add a further paragraph:

"In any event, the defendants 'insurance' requirement is not truly insurance because the defendant is not regulated by the FCA and not authorised to sell insurance.
The defendants' insurance requirement is simply another way of profiting from their own negligence or from the criminality of their own employees or contractors. However, this is not their mainstream business plan. This is an ancillary way of increasing a profit margin and it is predicated on the inefficiency of their delivery operation. If the defendant's delivery operation was perfectly efficient then no parcels would ever be lost or stolen."

 

Post up your finished draft here please based on the suggestions that I have made above

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@BankFodderThank you for your great and exhaustive answer as always. Apologies for the Latin mishap, I copied it from another statement uploaded to the forum, googled it and sounded about right. I have now made the changes you proposed. I've made the decision to donate the claim filing fees to the forum if there's any positive outcome, last time my contribution was smaller but I really think we need this community and guidance!

Witness Statement 5.pdf

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