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EVRi via Parcel2Go - lost £570 PS5 - court claim issued **Settled At Mediation**


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Hi all,

 

First time posting here and i feel hopeful since stumbling across this website.

Although nothing is confirmed as yet, i haven't really had anything from them at all and the EVRi response i have been given does not seem very promising as they have implied that they have lost the parcel. This response was myself emailing the CEO last Saturday.

The Major Event pdf document shows the whole tracking information from start to it's current status. What bothers me that after one day it has been delayed due to "major event" and they haven't not updated me since, it's been me emailing their CEO. No apology whatsover. I won't get started on their customer service as there isn't one!

Parcel2Go - there is some kind of customer service on the live chat, they have been escalating it and not too long ago one has escalated with management but still not good enough. All the "claims" on the major event document is from parcel2go not EVRi.

This major event thing seems extremely popular and a lot of customers have said that it's their way of saying they've practically lost it.

Details as follows:

Date Sent: 13 Oct 21

what was the item: PS5
what was its value: £570 eBay sold price
was the item properly declared: Yes - marked as Playstation
was the value properly declared: I think so - is there any way to check? (I have looked but nothing obvious)
did you take out the so-called insurance: No
did you book this with EVRi directly or did you use a broker such as Packlink or parcel2go?: Parcel2go
Was the parcel simply lost? Or is it damaged and then destroyed? Or is it simply damage?: Not confirmed but likely it's lost

The seller has been very patient with this but now would like a refund which is more than understandable. #I initially was going to get insurance off from securus however, as i dropped it at a parcel shop it doesn't get covered (so didn't purchase).

Nonetheless, as a lot of other posts i have seen here, this is completely their negligence and they shouldn't be losing parcels at all.

This has given me a great deal of stress and now out of pocket. What steps should i prepare myself with next? And do i have a good chance winning a case?

sorry if i have missed out other info you need, i am still new to this site!

thank you all!

 

EVRi response.pdf Major Event - EVRi.pdf

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You have an excellent chance of winning the case. The first thing you should do is reimburse the purchaser. We advise people here upon their rights and how to enforce them and you clearly have a contractual duty to reimburse the purchaser. You should do this immediately with an apology for any delay.

The item probably has been stolen. You won't be able to do anything until you have been knocked back by Hermes or P2G but until then, start doing the reading of the Hermes stories on the sub- forum and you will understand how your complaint will probably go.

You will have to issue a claim in the County Court. It will probably go to mediation and as long as you stand your ground, it is highly likely that they will put their hands up and pay you out.
However there is a risk that it may go all the way to a hearing that our experience is that where mediation fails and then Hermes says that they are going to go to a hearing, the people we are advising mysteriously disappear and my sense is that Hermes then are trying to settle the claim in confidence.

Hermes certainly don't want to go to court and have the insurance issue tested because if a court upholds our view that the insurance is unfair then the game is up for Hermes and the whole courier industry.
It would have catastrophic consequences for them as they would then have to review their entire charging process as well as going back over all the claims that they refuse to pay out over at least the previous six years and start paying them out.

They don't want this and so it would be extraordinarily courageous or may be reckless of them to really take any of these cases into court simply to try and withhold 500 quid from you.

So do the reading and wait until you hear from them. If you have no within about 10 days or so then let us know and we'll take you through the next step. However as you would have done the reading, you will understand what those steps are

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Thanks for the swift reply.. didn't expect it this quickly!

 

So there are cases where mediation has failed which resulted to people not getting any money back?

 

sorry what do you mean settle the claim in confidence?

 

I wouldn't think they would want to go to court either, will be a bad move but never know with these companies..

 

Once i eventually get a reply from them i'll keep everyone posted of what's been happening. I am very reluctantly having some hope that they may find my parcel as its quite distinctive (i sent a pic of the parcel which i luckily had). Is there anything i should do in the meantime whilst waiting for their response or is there a certain number of days i should wait?

 

thanks again, appreciate it

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Give it about 10 days and in the meantime do the reading. This site is about self empowerment. You make sure that you know what you are doing and we will support you and make sure that you do things correctly

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I am also going through the process after my parcel vanished from a Hermes depot last month.

 

 

Aside from that process which you should read about and follow, I was also concerned to read the following, which shows Hermes is aware there could be systemic plundering of high value parcels by their employees (-who replace the labels and have the parcels delivered to themselves). Shockingly, parcels disappeared over 9 months before Hermes did a proper investigation.

WWW.WALESONLINE.CO.UK

Emanuil Radu and Isac Radu, both 26, were caught after bosses realised an unusually high number of parcels were being delivered to the same address.

 

I raised this early on with Hermes customer support and I asked for the internal CCTV footage to be checked as that is how the thieves above were caught, but Hermes eventually refused.

Having read the stories of Hermes claiming the parcels were damaged and then destroyed with no trace or evidence, this seemed the perfect way for depot employees to cover up thefts.

So I also informed Hermes that stories on the internet lead me to believe that the destruction without any evidence or trace was used by their employees to cover up their thefts; I stressed thay had no authority to destroy my property, which itself would be criminal damage; and suggested that if it happened then this was probably to cover up theft and they had a duty to thoroughly investigate.

I used the Hertfordshire Constabulary (as it was the Hemel Hempstead depot) online crime reporting website to report the possible theft, and after initially being told this was a civil matter I should pursue with Hermes, they gave me a crime number and recorded it as "Theft of Mail".

 

It probably hasn't and won't make any difference, but there may be a small chance that if the police see enough reports of theft then someone might pop along and ask how parcels are disappearing from a secure depot.

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Hi all,

 

can finally confirm that hermes have LOST my PS5!!! Is this where I need to send off my letter to taking them to small claims now? I haven’t done some reading since the day after posting but I’ll get back onto it now it’s confirmed. Im making sure I get my money back!!

 

as expected they are telling me to go with parcel2go!!

 

 

I have received a response from the hub and I am very sorry to advise you that the parcel could not be located and it's now deemed lost in our network.
 
We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become lost in our network. 
 
I can appreciate how frustrating this situation must be for you and your recipient.
 
I can see that you purchased the shipping label for this parcel via Parcel2Go. While your parcel was sent using the Hermes network, Parcel2Go are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you.
 
Here is a useful link which may assist you: Parcel2Go Help Centre: https://www.parcel2go.com/help-centre
 
If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.
 
Kind regards
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I think it's about time you started doing all the reading. Everything that has happened was completely predictable and it's a shame that you're not ready to go now.

Do the reading, understand the arguments, understand the way forward and the next step and then come back here and we will get going

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I haven’t had the time since I’ve been extremely busy, as I said I was waiting until they give the confirmation that they’ve lost it and then go from there. Will be starting this off tomorrow 🙌🏼
 

will be back shortly 👍🏼

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Well it's up to you. It's your money to win or to lose – but when we start getting stuck in and helping you, we get invested in our time and effort. We normally expect a return in the form of reciprocal time and effort.

We have our busy lives as well

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Hi all,

 

Sorry had a few personal things going on but have managed to stay this late to start getting prepared with the letter of claim and particulars of claim. Apologies to you BankFodder for coming across laidback etc.. was never my intention. I want to take these crooks down and get my money back!!

 

Just before i post them here, i have a bit of an update.

  • As said before, hermes have deemed the parcel lost.
  • Parcel2Go: I spoke with them on the live chat and explained that hermes have emailed me confirming with me that the parcel has been lost but not to my surprise.. communications between the two are useless. Parcel2Go said i can't make the claim for lost parcel until their investigation is done and they get back to me.

From what i have read from other posts is that i can actually sue both of them so right now shall i go straight to hermes and make a claim (they are already not taking ownership by shifting it over toparcel2go) or make a formal complaint with them now?

 

Or just wait for parcel2go? I am not sure what is the best route so looking for some guidance here please

 

Now the ebayer i sold it to got back to me, so this gets interesting..

  • So i refunded the customer, things were all good etc. I then offered him another pS5 as he was still looking for one, so he bought another one off me this morning and i sent off the parcel not long after and he is expecting the parcel tomorrow (now today lol)
  • Earlier, he emailed saying that the parcel that hermes lost was taken in by his son and the box and item was tampered with. He has sent some photos which i will be attaching here too (unable to add the others). I am not sure how we are going to deal with this but i am sure we will figure something out.
  • very confusing, hermes says its lost but then it was delivered - what do you suggest here?

Seeing as the parcel has been tampered with and Hermes have told me it's lost shall i proceed with going as the item is still lost? I am pretty convinced that the PS5 is probably damanged but they have definitely tampered with it, even the box looks different to what i sent it with originally..

 

Please forgive me if i am laying out the posts incorrectly so apologies in advance as i am new to this!

 

 

parcels 2:2.docx

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Sorry you will have to wait for a fuller reply this afternoon.

However, do I understand that you sent a second identical unit also using Hermes and that also has gone?

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no problem, i am more than happy to wait so take your time!

 

i should have made it a bit clearer.. the second identical unit was not used by hermes (i learnt my mistake) but instead, i used UPS and i haven't had issues as yet (touch wood)

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I'm sorry, I'm not responding very well at the moment. I have a load of complicated issues outside of the forum which are demanding my attention.

 

I think that my site team colleague @dx100uk is keeping an eye on this discussion

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this is annoying, i replied back on my phone however it never sent through and just went onto check to see if i had a reply!

 

i hope your issues outside the forum have improved/are improving @BankFodder

 

i have now attached the documents in PDF instead.

 

I can't remember the specific questions now but i would like to know:

 

- what you think is best to sue first.. Hermes have told me they've lost it however, when i spoke with Parcel2Go they said i need to wait until their investigation is over in order to make my refund claim -  it's been far too long now. I have chased them up but they keep saying i need to wait. Really frustrating to say the least.

 

- Shall i just go ahead with the letters of claim to Hermes seeing as from what i have read on this forum, it's better going directly to hermes 

 

Update on PS5: My GF's cousin who wasn't that far away from the person i sold it to has collected the PS5 so i will be getting it back on sunday - this is still damaged nonetheless. Do you advise i go ahead with it being lost as Hermes have deemed so?

 

i hope my attachments are better now @dx100uk thank you

 

really want to go ahead and get my money back from hermes - still fuming with them!!

 

 

thank you both

Letter of claims draft PDF.pdf Particulars of Claim Draft (1).pdf

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re ps5 - have you complained that hermes damaged it in transit yet?

 

as for the original thread issue - yes send the LOC

 

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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thanks for the swift reply!

 

As for the PS5 - this is where i am a bit unsure what route to go down so would be great to get your thoughts..

 

As Hermes have said they have lost it (they confirmed this) shall i just go ahead and continue with saying that it is lost? I don't know the full conditions of the PS5 but i won't receive this until Sunday so i can fully inspect it. from what the person said, the box has been tampered with so either way this is no good. Either way if i were to sell it again in the future, i would have lost a lot of the value.

 

thank you

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So I forwarded parcel2go the email I got from hermes and expressed I am not happy they haven’t gotten back to me as it’s been a very long time.

 

they have now just sent me emails saying they can’t locate parcel and a refund Of £8 is coming.

 

Who do you suggest I send letter of claims to? I haven’t sent it off yet as I’d like an advice on who to first

 

thank you!

Photo.pdf Photo2.pdf

 

sorry to message again but shall i sent the letter of claims to both of them? Parcel2Go responded to be this morning saying they have issued the refund but i don't know if i should accept it and send the letter of claim to them?

 

from previous posts Hermes seems better but i want to confirm with you guys first.

 

thank you both, and sorry to disturb you both too, i know you guys are busy!

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You only send the letter of claim to the company that you are intending to sue.

 

It may be that a refund has been repaid directly into your you're pretty card or debit card in which case it would have been paid unconditionally.

 

However if there is anything which indicates that he is being paid in full and final settlement then you should reject it or make it clear that you will not accept it on that basis

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Thank you for that.

 

But from your experiences with hermes and parcel2go, I’m correct in saying that it is best to go and sue hermes?

 

I will email back to parcel2go rejecting the money as it is not the full settlement 

 

and will send over the letter of claims to hermes.

 

sorry I just don’t want to make a mistake that’s all

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Yes it's best to sue Hermes.

No don't reject the settlement – until you know what the settlement is and the basis on which it is being offered. If they are simply going to pay it unilaterally then that's fine.
If it appears to be attached to any conditions then let us know.

No point in handing money back. The less you are claiming, then the easier it is.

If the money is paid to you unilaterally then you write the letter acknowledging receipt of it and make it clear to them that at no point have you ever agreed that this would be full and final settlement and that you are proceeding to enforce your contractual rights by suing Hermes for the balance

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thanks bankFodder, i've been away for a few days but have sent the email off and will be posting the letter as first class recorded on Monday morning (printer not working!)

 

I updated the letter of claims stating that i was refunded the delivery fee from Parcel2Go unilaterally and did not agree that this would be full and final which will be deducted from the County Court claim - hermes to be sued

 

I have marked todays date and set a reminder on my phone. I take it 14 days from today will not include the weekends/working days?

 

 

thank you 

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Well they got back to me quickly.. but as expected they are telling me to go to Parcel2Go i have attached it as PDF

 

So now i take it i respond as.. 

 

Dear Arshad


Hermes are fully aware that their victims are entitled to sue them as beneficial third-party is under the Contracts (Rights of Third Parties) Act 1999.

You have acknowledged my letters of claims and hermes have less than 14 days to respond.

Kind regards

 

Hakim 
 

Photo.pdf

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Quote

Dear Arshad

We both know that I enjoy full contractual rights under the Contracts (Rights of Third Parties) Act 1999.

You've had the letter of claim and I'm coming after you on that basis.

Tick-tock tick-tock…

Yours sincerely

 

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