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Hermes Stolen sold MacBook


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

 

Quote

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 money claim?

 



 

Edited by dx100uk
ref number removed please stay anono
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When does your letter of claim expire?

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Dear Aaron

Reference number XXX

I see that you are accepting liability and  I take it from the rest of your letter that you are prepared to dispense with the 14 day deadline in my letter of claim dated XXX.

It seems that the only issue between us is the fairness or otherwise of your so-called insurance requirement.

My position is that this is unfair under the Consumer Rights Act 2015 and therefore unenforceable.

I shall be commencing my legal claim against you immediately and of course I will be inviting the judge to look at your terms and conditions generally – including your prohibited items list but particularly your insurance requirement which apparently is intended that you make your customers pay to protect you from your own negligence or the criminality of your employees.

When the judge finds in my favour – you can be certain that there will be widespread coverage of this and the game will be up for you and the rest of the courier industry and you can  look forward to a deluge of retrospective claims.

Yours sincerely

 

 

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Start preparing your claim on the money claim website. You can save your work as you go and post up the information that you going to enter as part of your claim, here is a draft first of all.

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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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It's not wise to allege that the defendant tampered with the package. It is far too specific and they will put you to proof that it was the defendant.

Also, you shouldn't say that this is a breach of contract.

Much better to say "on delivery it appeared that the parcel had been tampered with as the contents were missing and the box had been resealed".

Post a fresh draft and we'll have a look.

No need to put in the bullet points

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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 by dx100uk
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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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no 

  • I agree 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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  • 4 weeks later...

Please could you upload the defence in PDF format.

Thank you

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Okay, no surprises. If you have done your reading of the other Hermes stories then you won't be surprised either.

Next thing to do is wait until the directions questionnaire and if the defendant has selected mediation then you should select as well and wait for mediation date.

In the meantime keep on reading here about why we say that the insurance requirement is unenforceable.

Let us know when you receive the DQ

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