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Lost Laptop sent through hermes booked via Parcel 2 go


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I have received reply from parcel2 go after i rejected their £100 offer, i am getting bit panicked i may not lose the claim after reading their email. Please give me some confidence

 

 

 

 

Ref: P2xxxxcccc

Good Afternoon XXxxxx
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 caused on this matter.
Thank you Maimoona for your time and patience.
Kindest Regards
Chelsea Walton
Asset Protection Officer

 

 

 

 

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Ignore it. Stick by your deadline.

Have you prepared your particulars of claim and have you registered on the county court website?

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This preparation should have been well underway by now. When is the expiry date for your letter of claim?

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  • 2 weeks later...

Okay it looks absolutely fine.

Although we haven't done this before, Hermes will say in their defence that the contract is with P2G. Normally we have been rebutting this at the mediation process but we may as well decide to get in now.

On that basis, I suggest:

Quote

The claimant is suing as a beneficial third party under the Contracts (Rights of Third Parties) Act. The claimant the defendant's courier service to deliver a laptop, value – £249.99 to a UK address. Reference number xxxxxxxxx. The defendant breached the contract by losing the item, prior to delivery, and refuses to reimburse the claimant to the full value of item. The defendant's requirement that a customer is responsible for insuring themselves against the defendants own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £249.99 plus delivery fee £6.88, plus interest pursuant to section 69 of the County Courts act 1984.


That may save a bit of time later on. We'll see how they respond.

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Whoops sorry. Force of habit.

In that case your suggested draft is fine.

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Thanks. I submitted the claim two days ago. 
i wanted to ask what will happen next ? 
i was told in the end of submiision they have 14 days to respond i somewhere on forum read 33 days. Can you describe briefly what will happen next and my next actions

 

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Please read up on the Hermes stories on the sub- forums and you will find all the answers.

These are things which have been dealt with many many times and this forum is about self empowerment. If you go through the material you will soon find the answers and you will feel far more confident for having understood it yourself

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You are asked right at the beginning of this thread at the beginning of July to read the stories and as you haven't done that, you shouldn't even have been at the position where you sent the letter of claim.

We rely on you to put some of your own work in to make sure that you understand what you're doing – not simply to be spoonfed by us.

There is an entire sub- forum dedicated to postal and delivery services and a huge number of Hermes stories.
You really should have understood by now how to explore this part of the forum.

Here's a link to a list of Hermes stories. Please start reading.

I'm not trying to be tough when you – that it would be better for you that you know your way around and you understand the route because otherwise at some point you may start to get rather nervous – especially when you end up in mediation and you will be on your own having to stand up for yourself.
None of it is difficult if you have done the preparation

 

https://www.consumeractiongroup.co.uk/search/?q=hermes&updated_after=any&sortby=relevancy&search_in=titles

 

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Oh i did read many successful stories already on your forum before even sending the letter of claim thats how i built my understanding so far. I thought there is some specific thread named “hermes stories”  that i never found however when ever i wrote hermes stories in search i found many popped up and read some successful ones. 
just not very clear that how many days the defendant have after creating a claim the website said 14 days however i read on theis forum 33 days ? 

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they must file AOS by day 19 from the date top right on the claimform, once they have done AOS , they must file a defence by day 33, the claimform date is ONE in the court.

 

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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  • 3 weeks later...

Hi , 

my claim was issued on 23rd july, and it was written on the notice of issue that it will be deemed to be served on 28th july and defendent has untill the 11 of august 2021 to reply.

I havent got any reply untill now , if i dont hear anything by the end of tomorrow , would i able to request judgement? 

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They normally manage to get the defence in at the last moment. However, keep monitoring the County Court website and the moment it lets you enter judgement then just do it. Don't hang around don't ask anybody – just do it.

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Have they not done AOS?

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 yet 

 

I can still see the request judgement button , it takes me to next steps how ever i have not proceeded as it says their 14 days have must passed after the claim has been served.

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They are out of time for aos so you can file for judgement. They had 19 days from 13th july to do so.

 

off you go!!

  • Like 1

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 submitted claim on 23 july , not 13 , and it has gone into service on 28th july and notice of issue says they need to reply before 11 august. So one more day i guess ?? 

Should i request judgement by end of tomorrow or beginning of tomorrow ? 

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pers i'd give them a few days to day is only the 19th day.

 

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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But keep on checking the courts website every day

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I am confused, why would i give them few days?

Can i request judgement after tomorrow which will be the 14th day. Notice of issue says they should reply in 14 days after it has gone into service. I.e 11 august. 


can you please explain 

Can i not request judgement after tomorrow ? 

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i'm not aware of the correct address to put on the claimform for hermes, but i will guess you did the one BF has recommended in all the other threads here.? that might be worth checking over.

 

today is day19 (if the date top right on your claimform is the 23rd) so they should ideally AOS today by midnight and that should show in the status of the claim on MCOL.

 

if they dont then i'd try hitting the judgement button tomorrow, say midday . but as i think we've seen before, if they used the postal return form and not file AOS online via MCOL, and that arrives late, as long as the form was posted in time, you will find it will be excepted...even if you've already applied for judgement....which is why i suggested a wait.

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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Actually I've never recommended an address for Hermes. I don't know where people are sending the claim forms but clearly they are reaching their destination.

Probably the registered office is the best.

 

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