EVRi (evri) Stolen sold MacBook court claim issued

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Hi,

 

I sold my MacBook Pro via Shpock recently and sent it with Shpock via Parcel2Go.

 

The parcel arrived today and the buyer received the box I sent the MacBook in with no laptop, just the brown external box and some protective cardboard inside.

 

The buyer has told me when the parcel arrived at her doorstep she noticed there was brown tape on the top of the box, despite me having used clear tape to seal the box, which leads me to believe Hermes has taken the item and resealed the box. 

 

Both me and the buyer are trying to get in touch with Hermes but are having trouble doing so as they only use robots which make it a struggle to speak to a human. 

 

I have got pictures of how the box look when I initially packaged it up, as well as my booking number etc. The buyer has also retained the packaging that she was sent and provided me with photos of how it arrived. Furthermore I have an image of the box at her doorstep with the brown tape evidently on the box.

 

It's quite a big hit so I'd appreciate any advice on what to do next?

 

Thank you!

 

 

Package Before Sending.pdf Package when recieved.pdf

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I've been reading it, but not too sure how to get started with the small claims court process.

 

It was declared correctly at £250 as that's how much I sold it for, and was correctly labelled as a laptop.

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I’ve now made the report to Hermes, I assume it’s now a waiting game to get a response from them?

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Hermes have come back and said they can't do anything and instead to go to parcel2go, what should we do next?

 

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Could you possibly direct me to a template of the LOC? Also is it submitted via money claim?

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Im just writing the letter of claim now, in your opinion would it be better to address parcel2go or hermes?

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I've been having a look around, there's not many recent posts about parcel2go but they do seem to cough up some amount of money, but not necessarily the full amount, Hermes seem as if they like to elongate the process but do pay out in full eventually? Im just not 100% who would be the best to pursue so would appreciate any input.

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Ahh right thank you, I'm just having a read now, entering "P2G" gets some more recent results. 

 

One thing I've noticed is that parcel2go often chuck out the line about not choosing extra insurance, maybe that won't happen with hermes?

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thank you for both of your inputs, as suggested I've had a closer read of the articles and have decided to pursue parcel2go as they are there ones who I have the contract with.

 

I've raised another official claim with parcel2go, would you suggest waiting for there response now or going ahead with drafting and sending the LOC now?

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Okay that might take some time.

 

I believe there is a case on this site where an individual sent a LOC to both Hermes and the agent. So what i'll do is send a LOC to Hermes regardless and see if that causes them to cough up anything at all, and if they don't, continue with parcel2go and once the issue is resolved let the other party know the case is over?

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Good Afternoon,

 

Parcel2Go have now come back with their official offer of £20 + shipping reimbursement, which of course is not acceptable. From what I've understood I've now got to reject the offer and send off my LOC. Would it be okay for you guys to have a quick look at it before I send it off?  One other thing I have been considering is using a service like Lovetts to send the Letter before action as this maybe more successful, what are your opinions on that process?

 

Thank you!

Edited November 21, 2021 by IMPOS5IBLE

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Here is what I have drafted for the LOC,

 

21^st November 2021

 

Letter of claim

 

Parcel reference number – xxxxxxxx– enquiry number X X X

 

Dear Sir/Madam,

 

I posted a parcel (MacBook Pro 13) on 07/11/21 using your services, opting for Hermes. My parcel has arrived with its contents missing, and the box resealed. This suggests very strongly that my laptop has been stolen while in your care.

 

 

I reported this, under the enquiry number xxxxxx, on 15/11/21. You responded on 20/11/21 with an unsatisfactory offer. 

 

My position is that I have paid for the delivery fee, and it is not for me to insure against the negligence of your courier or criminality of your employees.

 

I am requesting a full reimbursement of the item price with a declared value of £250 and the £5.28 cost of carriage (Total 255.28).

 

If I do not receive a satisfactory response from you within 14 days of this email, I intend to issue proceedings against you in the county court without further notice.

 

Yours sincerely,

xxxxx

Edited November 21, 2021 by BankFodder
Edits in red

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Thank you for the amendments, I'll get that sent off now!

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Parcel2go have responded to my letter of claim and gave the following response:

Ref: xxxxxx

Good Morning xxxxx ,

Thank you for your email.

I understand your frustration however, when booking your order, you entered a value for your goods of £250. Unfortunately, you did not take out any further parcel protection for the contents. As a result of this, you were only protected to the value of £20.
You were urged on number of occasions to protect your goods to their full value. We offer our customers the opportunity to fully protect their goods so that an event such as this we can compensate for the item.

When progressing with the order having not protected your goods fully, the following message appears:

“Your parcel value is higher than the £20.00 Parcel Protection. Don't get caught without enough protection should the unexpected happen.

Yes, I would like to protect my £250.00 parcel against loss or damage for £11.50 exc VAT.
No, I'm willing to risk my £250.00 parcel. I'm not worried about potential loss or damage."

If you select no, a red box pops up and explains ‘We strongly recommend that you protect the full value of your item(s)., which again in this instance was bypassed.

Please note before the payment page customers are prompted again with regards to parcel protection.

By declining the extra protection, you agree and understand the limit of our liability for the parcel, per our terms and conditions https://www.parcel2go.com/content/about-terms.aspx

I fully understand this is not the amount you wished for as per your previous email and you wish to take this matter further, and of course that is your prerogative to do so, however, I must strongly advise you that should an item become lost or damage and we accept liability, which we have in this instance, as per our terms and conditions we will only be liable for the cost of the service unless protection has been purchased, in this instance it has for the standard £20.00, this does mean we are only liable for this amount. The offer has been made again, in order to accept this, please log into your account online and navigate to the claims section. Once accepted, our accounts department will process the claim accordingly. 

If you wish to pursue further, this may be sent in writing to the below address:

Parcel2go
The Cube
Coe Street
Bolton
BL3 6BU

Once again, I would like to offer my sincerest apologies for any inconvenience this matter has caused.

Kindest Regards
Aaron Kay

 

As expected they haven't budged on the compensation, so I guess it is time to begin the MoneyClaim?

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I sent it on the 21st of November so it should expire on the 5th of December 

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Thank you for the brilliant email!

 

I'll send that of ASAP

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I have managed to get a first draft together for the particulars of claim and am looking to submit the moneyclaim within the next few days. I would appreciate if you could look over the particulars and give me some feedback.

 

• The Claimant used the defendants courier service - reference number P2G96313864 - to deliver a laptop, value - £250 to a UK address.

• The defendant breached the contract by tampering with the package before delivery;

  • The package arrived with different tape compared to the one it was originally sealed with

  • The package contents were missing upon delivery to the recipient 

• The defendant refuses to reimburse the claimant the full value of the item

• The defendant's requirement that a customer is responsible for insuring themselves against the defendant's 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 £250, plus the court fee of £35 for a total of £285

 

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The Claimant used the defendants courier service - reference number P2G xxxxxxxx to deliver a laptop, value - £250 to a UK address.

 

On delivery it appeared that the parcel had been tampered with as the contents were missing and the box had been resealed. 

 

The defendant refuses to reimburse the claimant the full value of the item

 

The defendant's requirement that a customer is responsible for insuring themselves against the defendant's own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

 

The defendant is in breach of contract.
The claimant seeks £250, plus the court fee of £35 for a total of £285

 

Edited December 30, 2021 by dx100uk
Edits in red

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Thank you for the edit. Should I tick the "you are required to give details of your claim in the box below. If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here:" box?

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Hi sorry I have attached it here.

P2G96313864 - DEFENCE.pdf

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Hi all, the DQ has just come in, it’s not clear whether the defendant has selected mediation however I will go ahead and tick the yes box.

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Hi all,

 

it’s been almost a year since I have heard back from the courts in regards to the case.

 

Small claims were not able to get me a mediation and have instead referred me to the court. 
 

they have set a date of August 2023 for the hearing, any advice on how to prepare would be appreciated. 

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Hi, I have had some personal issues and have been blowing off this case, however I have noticed the time to pay the fees is fast approaching and would really appreciate any help.

I have attached the letter I was sent, however I am unclear of how to pay the trial fees, or the format of the documents I should send. 

 

Notice of Allocation to the Small 2-2.pdf

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Hi all, thanks for the help, paying for the trial fee was very complicated but managed to get it done. I have also finished my court bundle, but now I am wondering if is acceptable to file and serve using email?

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Absolutely,

I first tried calling and was left on hold for 40 minutes stuck in a loop of robots.

I then sent a family member to the court to pay as I work in a different city, and she took the only document we had been sent, the small claims allocation form.

The court told her she had to leave all the documents for the case there and then in an envelope if we wanted to pay, which obviously wasn't ready.

they asked her to write her phone number on the empty envelope instead and they called two days later to take payment over the phone.

I will send across my court bundle shortly.