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

[hakawaka92]

i've sent the response  

 

thank you BankFodder

[hakawaka92]

Hi @BankFodder Received a reply back still insisting that i go with Parcel2Go.. what do you advise i write back to this? thank you

 

I have registered with Moneyclaim so i should send off the particulars claim?

 

Response By E-mail (Arshad) (10/11/2021 02.17 PM)

Good Afternoon Hakim,

 

Regarding tracking numberxxxxxzzx

 

Thank you for your response.

 

I am sorry we are unable to assist you with a claim, this is due your contractual agreement being with Parcel2go.

 

Kind Regards,

 

Arshad Khan

Customer Service Advisor

Edited November 16, 2021 by dx100uk
Id number removed

[BankFodder]

Yes, don't have any more communication with them.

You will have to remind me – you have sent your letter of claim? When does the 14 days expire?

Have you prepared your money claim? Is everything ready to go?

[hakawaka92]

sorry guys, i was away on holiday needed the break! But i am back and haven't got much longer for my claim to expire with Hermes.

 

So as instructed here, i didn't have anymore communication with them

 

06/11/21 - sent letter of claims

08/11/21 - Hermes responded by telling me to go to Parcel2Go

08/11/21 - I responded back saying I enjoy full contractual rights under the Contracts (Rights of Third Parties) Act 1999.

10/11/21 - Hermes denying responsibility and insisting i go to Parcel2Go due to contractual agreement

 

The expiration should end on the 20/11/21 if i am not mistaken? I am not sure whether non working days are included so might need your help here!

 

I can confirm i registered with Money Claims but just wanted to confirm as i have seen two different money claims but i used this:

Make a money claim online - GOV.UK

WWW.GOV.UK

---

Make a claim against someone who owes you money or manage an existing claim: small claims court.

 

That claim is pretty much complete, just on the timeline wasn't sure whether to add that i have sent off the letter, when they responded etc.. So i take it once the 14 days have expired i add that to the timeline too and then get this claim sent off!

 

Just to confirm too, that the particulars of claim goes at the very first bit of the application where they ask a description of what happened?

 

Thank you @BankFodder

 

 

 

[BankFodder]

Post the details of your claim here for us to check

[hakawaka92]

I have uploaded some screenshots with some of the details, i think it's all good i hope!

 

I will be sending it off tomorrow (today) later in the afternoon  

thank you @BankFodder

 

Screenshot Money Claim 1:2.pdf Screenshot 2:2.pdf

[BankFodder]

Looks okay. Thanks.

Please post multipage PDFs in a single file in future please. Thanks

[hakawaka92]

Sure will do sorry.

 

I can confirm that this has been submitted and Hermes have till the 13th December. See you guys before or on the 14th !

 

thanks for all your help

[hakawaka92]

Update:

 

Hermes has been given an extra 14 days to respond to your claim. 

They need to respond to your claim before 4pm on 29 December 2021.

 

as expected lol

Edited November 30, 2021 by dx100uk
formatting

[dx100uk]

You mean they have done AOS?

 

[hakawaka92]

It’s been a long time guys! I hope all are well..

 

I have an update now after waiting so long..

 

Today I received an email confirming that the case has now been referred to a Small Claims Mediation Team and will be contacted soon regarding a date.

 

thank you so much for your help and will inform on here right away when I find a date

[BankFodder]

I don't think we have seen their defence. Please will you post up the defence in PDF format

[hakawaka92]

My apologies.. defence attached

254mc242defence.pdf

[dx100uk]

opps how many times have they lost or folded using that defence..

 

dx

 

[BankFodder]

Thanks for the defence. As my site team colleague has pointed out, there is nothing new here although what is strange is that they don't refer to the lack of insurance.

So the whole issue is on the basis that you should have sued parcel2go.  I hope you have read and understood the effect of the Contracts (Rights of Third Parties) Act because that is a complete answer to their defence.

On the basis of this defence, and because this is the only point they are making, as soon as that point falls away, then they have no other answer to your claim and there is no reason for you to give ground on anything.

If they do happen to start bleating on about insurance in the mediation then you should immediately respond that they haven't raised this in their defence and so it's up to them to file an amended defence if they want to and that they will have to do this by making an application to the court on form N244 accompanied by the appropriate fee which is about £250. You can point out the mediator that they will not be to recover this regardless of the outcome because it is their fault that they have not included this in their initial defence.

Point out anyway that the insurance requirement is unfair under the consumer rights act and therefore unenforceable.

No reason to give ground on anything here.

I hope you don't mind me expressing a general view here.

I hope you realise by now that we provide unstinting help but it is actually a two-way process. You have benefited a lot from the experiences of other people who come to this forum and keep us up to date with what is happening.
You don't seem to have done this and in fact we had to ask you for this defence to understand if there was any difference in approach.

That's not really the deal here.

[hakawaka92]

Hi all, I haven't been able to give a reply until now, I have a lot going on at the moment so hasn't been my priority right now sorry.

 

Thank you Bankfodder so much for the detailed response, i have paid attention to the effect of the Contracts and over the weekend will be going through and making key notes to start preparing for whenever the date comes back to me.

 

Once i get my notes ready i will post it on here so other people looking at these forums can use it as a reference to help them.

 

The N244 thing is useful to know, thank you for that  

 

Also @BankFodder i apologise i have come across like that, i did think i had already sent over the defence it was only until i was asked i realised i didn't do it so quickly responded back. I didn't think i needed to update any further until i received an email confirming that it was going to go via mediation. Nonetheless, sorry i about that.

 

I will update once i get a date, hopefully it's not too long. Once this Friday ends I will be able to be more active on the forum.

 

Thank you all again

 

 

[hakawaka92]

Just to let you all know that my date for the mediation is on the 17th of this week. Feel very fortunate as I didn’t see the email and contacted them earlier today and was able to confirm to attend.

 

I have already started doing some prep and I’ll be working nights tonight so will give me time to do some more prep. Also have Wednesday off too.

 

it’s on Thursday morning so I will let you all know how it went.

 

@BankFodder is there anything specific you want me to take note of for that day so I can send back on here?

 

thanks 

[BankFodder]

If you have any questions in advance then please let us know.

Also, why are you not seeing the emails are right for you? This is very serious for this kind of thing

 

By the way, did you get their insurance? You may have told us before but maybe you could let us know again

[hakawaka92]

Thank you for that

 

recently I’ve been getting a bunch of spam etc that’s going in my emails. I wish I hadn’t of used that email address in hindsight so completely missed it. I’ve had a lot going on the last month so I don’t think I was concentrating very well.
 

Regarding the insurance, I didn’t get insurance with Hermes. 
 

you’ve already given me some brilliant pointers but is there anything else I could possibly be ahead of? I know from reading others posts on this not to give in to them at all.

 

I’m just thinking worst case scenario if I keep rejecting their negotiations will this end up in court? I know it would definitely not be in their interest but that just concerns me slightly!

 

i am sure you have also heard that Hermes changed their name too? Would that be worth bringing up to mediation? Just find it ridiculous how they have now changed their name because of the rubbish service they have given 

[BankFodder]

Well their defence was simply that you should be suing somebody else.

However, you are going to counter that saying that you are entitled to sue Hermes directly because of the Contracts (Rights of Third Parties) Act.

After that, they may decide to reject your claim because you didn't take out their insurance.
If they resort to that, then the first thing you should say is that they haven't mentioned this before and that it's not in their defence and if they want to amend their defence then they should do it using the proper channels.
However, say that if this is going to be their argument then they should change their defence and go to court and you will invite the judge to consider the unfairness of them requiring their own customers to protect themselves against the breach of contract or negligence of Hermes or the criminality of their employees.

They might possibly try to say that your item is on the prohibited items list. If they say that then once again point out that it's not in their defence and they are simply trying to muck around and change things without giving any notice.
However, tell them that their prohibited items list is completely irrelevant where items are lost because whether you are sending an electronic gadget or a piece of lead, it had no bearing on the risk of the item being lost.

At the end of the day, stand your ground. There is no reason for you to give away even a single penny to these people. The money to them is completely insignificant and in fact they will have paid much more than the value of your lost item simply to try and crush you.

Stand your ground. Tell them that you won't be bullied and you won't be frightened into giving up your rights and that you are happy going to court.

If you do go to court then don't forget, we will help you all the way

[hakawaka92]

Thank you for the some more details again, it is much appreciated.

 

I have made these into notes of my own words so should be very helpful. 

 

My item isn't on the prohibited list so they shouldn't come with that but at least i have a good response to them if they do.

 

I hope that it goes this straight forward haha!

 

If i feel anything pops up in my head i will drop another message. Everything is on here anyway  

 

I will post on here on the day of what's happened!

 

Thanks again!

 

 

[BankFodder]

Okay, – don't forget that their defence is a very limited defence – and objects only to the fact that you have sued them rather than the parcel broker.

It is extremely important that if they give up on that point and start bringing up other points, that you are resolute and that you point out the mediator that this is completely new and that they are moving the goalposts and this is not what has been agreed as part of the mediation.

Make it clear that point that there is absolutely no way that you will back down on anything and that if this is the way they want to go then they will have to seek permission to amend their defence and to pay the appropriate fee and you will see them in court.

Be absolutely clear in your mind that you will not give up a single penny.

[BankFodder]

You can also tell Hermes to the mediator that if they insist on going to court – you are quite happy about it.

You will seek the judge's opinion on the contracts (rights of third parties) act, and the unfairness of their insurance requirement – and that when you get the judgement in your favour, you will be publishing the transcript to all your friends and also to Facebook and throughout the Internet.

Make sure that Hermes realise that if they try to defend on these points, this will be the last time that they have a do it.

[hakawaka92]

Thanks for the additional info!

 

Just to clarify.. "Make sure that Hermes realise that if they try to defend on these points, this will be the last time that they have a do it." so in other words they will lose the case and this goes out to the public/media etc.."

 

i have been reading around most my evening (and now) of any other cases i could find around the forum. So have a few additional things..

 

I might be wrong but i haven't seen any other cases where hermes have only pointed out one thing as their defence. In a way makes me slightly more nervous but i trust the points i give back in response should be ok.

 

Proof of evidence? I don't recall giving proof to them but i can get an invoice from eBay (requested it just now as i didn't know it only stays for 90 days!) I believe i should actually have reduced my amount by £1 as i would have been charged an ebay fee. I can't quite remember how the ebay refunds work with fee's. 

 

Interest? How much interest would it be if it's asked? I am partially thinking if the mediator really wants me to compromise, the only one i will do is removing this (possibly). But like i have ready elsewhere is to stick to my guns.

 

Thank you sir, i should probably get some rest now

[BankFodder]

Firstly, there is no reason to be nervous. This is only a mediation. It's all done on the telephone and you only speak to the mediator.
If you don't know this already then it's because you haven't read the stories on this sub- forum including the excellent mediation summaries that have been put up by some people.

Don't worry too much about evidence of the value of the item. They throw this in routinely – but of course have an invoice prepared if you need it.

In terms of interest, don't give up a single penny. There is no reason for you to back down. If you go to court you will still win but it will simply take a little bit longer.