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

[hakawaka92]

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

[hakawaka92]

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

[hakawaka92]

thank you man, i will be do the reading and make some notes too!

 

 

 

one question.. regarding the declaring the value, i am sure i did put it in but if i haven't is this problematic?

[hakawaka92]

got confirmation from parcel2go that the value was £570 which is all good but might be a useful question to someone reading this in the future

[hakawaka92]

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

[hakawaka92]

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

[hakawaka92]

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

[hakawaka92]

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)

[hakawaka92]

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

[hakawaka92]

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

[hakawaka92]

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!

[hakawaka92]

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

[hakawaka92]

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 

[hakawaka92]

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

[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

[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

 

 

 

[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

[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

[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

[hakawaka92]

My apologies.. defence attached

254mc242defence.pdf

[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 

[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