Lost Laptop sent through hermes booked via Parcel 2 go

[maim.ajm]

I sent the claim to parcel2go not hermes, they have a uk address

[BankFodder]

Fine.  Monitor the MCOL site and apply for judgment at the first opportunity

[maim.ajm]

What do you mean by first oppurtunity. I literally can request judgment now as i can see the tab and its clickable. 
when you say oppurtunity donyou mean that the request judgment button only shows when the 14 days have passed? 

[BankFodder]

So try it now.  What's the problem?

[maim.ajm]

I mean the request judgement button is always there your comment to keep an eye and do it when i get opportunity seems to make me think that request judgement button only appears when its a right time as in my case i have always been seeing that button. 
my question is how do i know its a right time or the opportunity as you said. 
the issue claim says they have untill 11 of aug to respond , should i hit judgment at midnight today ? 

[BankFodder]

Click the button. If it allows you to apply for judgement then continue. If it doesn't let you then you know that you'll have to wait and come back and check again.

[maim.ajm]

I have clicked on request judgment and it gives me error that “you can only request judgment if the required number of days have passed”

so i beleive i can do it after today

[BankFodder]

So keep on trying until it lets you

[maim.ajm]

I have requested judgement now. What are my chances of getting money. Seems like parcel2 go are intentionally ignoring my claim. What happens if after the judgment they still don't pay. What will be my further actions ? 

[dx100uk]

have you not read our parcel2go threads at all?
 

[maim.ajm]

I have read many threads but didnt come across the one where defendant didnt reply to claim issue , if there’s one can you please share link , i am really anxious to know. 

[dx100uk]

i pretty sure P2g normally settle a mediation stage, so going by that..

 

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CSE.GOOGLE.COM

 

[BankFodder]

If you have managed to apply for the judgement against them then that is highly unusual because they very rarely miss the deadline.

They may suddenly wake up and file the defence and although you have applied for the judgement, it has not yet been granted so there is a tiny possibility that their defence will be filed before your judgement is given.

However, once you get your judgement then you can be certain that you will get all your money but the next step will be immediately to apply for a warrant of execution. This will cost you £50 which you will get back.

Don't forget you are dealing with a reasonably reputable company here that won't try to cause problems about enforcement of the judgement. It's not like dealing with dodgy car dealers.

Keep an eye on the money claim website and the moment it allows you to apply for a warrant – do it and let us know.

[maim.ajm]

Thanks fro the detailed explanation. I appreciate all your help. 
how long does it take for the court to process judgement usually? 

[maim.ajm]

Just an update i called at MCol helpline, and asked as i have requested judgement when should i expect to be processed and they told me that p2go has files their aos and i will get it in post. They told me they submitted it today after i requested judgment. 

[dx100uk]

ta-da..told ya. no you wont get their AOS in the post, nothing to post you. 

 

i doubt they'll miss defence filing date now (day 33) 

 

so as most of the other threads here.. n180 next for you..agree to mediation and they should settle for the full amount if you stand your ground to avoid court judgement.

[maim.ajm]

I have received n180 form , agreeing to meditation

[maim.ajm]

Just an update, i have mediation appointment tomorrow. 
i am reading old threads, any more suggestions ? 
On mediation form it was written i should be showing some flexibility , should i show flexibility or stay firm for my full claim ? 

[BankFodder]

It's been sometime since we had from you. Could you just bullet point itemise the salient points in their defence.

In terms of the requirement for flexibility – we always suggest that you stand your ground. You can make it clear to the mediator that the advantage them is that they avoid getting a judgement and incurring additional costs.

But maybe you can just give us a quick resume of what has happened – and I mean Quick.

By the way how long ago were you given this appointment?

[maim.ajm]

I had been away as i didnt have any update i had been only waiting for the mediation appointment to be given which is i think processed bit delayed due to their workload. I have been given the appointment last week. 
please see below their defence .

 

“Thank you for your email. Firstly, please allow me to offer your our most sincere apologies for the service you have received on this occasion. As advised by my colleague when booking this order, you are required to enter the value, upon entering this value a pop-up message was provided requesting that you protect your goods fully, you declined this option on more than one occasion and accepted to send this with just the standard £20.00 protection against loss or damage. I am afraid the offer made £100.00 as a matter of goodwill gesture without prejudice is the full and final settlement we would be willing to offer. It is of course your prerogative to take this case further, however, I must advise that should this go forward we will defend the case based on the information provided previously and the following Terms and Conditions which you agreed to when booking this order: https://www.parcel2go.com/content/about-terms.aspx "The Extent of our Liability 6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7. 6.5 We shall not be liable to you under any circumstances for: (a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or (b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission. 6.6 We shall not be liable to you: (a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights; (b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or (c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us. The Limitation on the Amount of our Liability 6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. " Again we do apologise for all the inconvenience

[BankFodder]

Okay so I see that the principal issue is about insurance.

In that case read the threads very carefully about what we have to say about the insurance requirement and how unfair it is that you should be required to protect Hermes against their own negligence or the criminality of their employees.

Point out that this was a laptop computer and you are well aware that instances of laptop computers disappearing are pretty common with Hermes and that the likelihood is that it was stolen. You will not be responsible for the criminality of their employees. It is for Hermes either to review their employment policies or to insure themselves.
If you read up on the pinned topics you will find that have set out a nine or 10 point explanation of why their insurance requirement is unfair.

You can tell the mediator that you will be inviting the judge to exercise his or her duty under the consumer rights act to examine the entirety of the Hermes contract and to decide whether the terms are fair or unfair.
You can also point out to the mediator that if the judge finds against them that it will put a coach and horses through their entire rip-off insurance scheme and that not only will they not be able to depend upon in future but they will also have to go back and compensate all the people who have accepted their position and have not understood that the insurance is unfair.
Point out the mediator as well that once you get a judgement in your favour as you surely will – that this will impact the whole of the courier industry – and Hermes will be even more despised by the competitors than they already are.
In terms of your flexibility – tell the mediator that if Hermes does the sensible thing and pays you out then it won't go to court, they won't get a judgement against them, and they will be up to carry on with their rip-off insurance policy as usual and deprive other more innocent and less well-informed people of the compensation to which they are entitled.

Tell the mediator that that is the benefit to Hermes and that you won't back down – not even a penny.

Read the mediation stories on this forum. You will find that Hermes will probably come to you with their £100 expiration payment. When you refuse that, they will come back to you with a further offer and they will try to avoid paying the cost of the action.

Tell the mediator that it is Hermes which had forced this action to occur and therefore you are not going to pay.

If Hermes comes back and says right okay they are going to court – then don't worry. Go to court. We will help you – although they will probably settle before court anyway.

Stand your ground. It's a reasonable amount of cash but it's not a massive amount so I would suggest simply just go for it.

[maim.ajm]

Thanks for the detailed response. 
my only question is my claim is against parcel2 go, will that all apply to parcel 2 go as well? 

[BankFodder]

Yes

[maim.ajm]

Thanks i am going through previous mediation stories. 
will update tomorrow. Just out of curiosity as mostly i see people put claim against hermes, are there same chances of winning against p2g as well as i am looking at hermes success stories 
thanks for all your help

[BankFodder]

It's exactly the same story. Exactly the same principle. Exactly the same arguments. We don't know whether they are more bullish than Hermes – but you should approach it in exactly the same way.