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EVRi stolen my parcel - Court Claim Issued


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13 hours ago, BankFodder said:

I think the most important thing is that the people who need our help are very often the people who do read those things and watch those things – so it's extremely important that the word gets out through those mouthpieces as well as any others.

 

And don't worry – I think that we have an article coming up in The Times or the Sunday Times next week at some point as well.

Hi i use hermes to send my parcal for next day delivery withoit insurance as i am sending my audio cadd to my friend as i am not selling it so i dont need insurance as i am expecting to delivery next day but what happened here. I send big box 📦 and they deliver envelope.  I declared my item value and it some thingbclearly show hermes has stolen it qfter many complaints.  They also its lost we are investigating and never reply me every time i have to ring and find out whats happening i event sent emails to head office but only one reply came after week we investigating then no reply after 10 days i ring them they just send me open a claim which they only compensation £20. Now i am looking forward to take it on coirt which i need help as there no policy of stolen parcal on hermes.  Because my case is totally different then lost . They swap my pracel and send me crap envelope when they never ask to return back. And gave £20 compensation of £1200 item.. i need help any one who can fight my case please. I have evidence of sending what pracel i have send on cctv on drop shop and what they have delivered on my friend door step.

Looking forward qny help regarding this

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Hi i use hermes to send my parcal for next day delivery without insurance as i am sending my audio card to my friend as i am not selling it so i dont need insurance as i am expecting to delivery next day but what happened here. I send big box 📦 and they deliver envelope.  I declared my item value and it some thing clearly show hermes has stolen it after many complaints.  They declared  its lost told me we are investigating and never reply me every time i have to ring and find out whats happening i even sent emails to head office but only one reply came after week we investigating then no reply after 10 days i ring them they just send me open a claim which they only compensation £20. Now i am looking forward to take it on court which i need help as there no policy of stolen parcal on hermes.  Because my case is totally different then lost . They swap my pracel and send me crap envelope when they never ask to return back. And gave £20 compensation of £1200 item.. i need help any one who can fight my case please. I have evidence of sending what pracel i have send on cctv on drop shop and what they have delivered on my friend door step.

Looking forward any help regarding this

 

Hi

i used hermes to send my parcel for next day delivery without insurance as i am sending my audio card to my friend,  as i am not selling it so i dont need insurance as i am expecting to delivery next day but what happened here.

 

I send big box 📦 and they deliver envelope. 

I declared my item value and it some thing clearly show hermes has stolen it after many complaints. 

 

They declared  its lost, told me we are investigating and never replied me, every time i have to ring and find out whats happening, i even sent emails to head office but only one reply came

 

after week we investigating then no reply , after 10 days i ring them they just send me open a claim which they only compensation £20.

 

Now i am looking forward to take it on court which i need help as there Is no policy of stolen parcel on hermes.  Because my case is totally different then lost . They swap my parcel and send me crap envelope when they never ask to return back but  gave £20 compensation of £1200 item..

 

i need help any one who can fight my case please

 

. I have evidence of sending what parcel i have send on cctv on drop shop and what they have delivered on my friend door step.

 

Looking forward any help regarding this

Edited by BankFodder
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Hi, welcome to the forum and I am sure we can help you.

However please notice that my site team colleague had to restructure your post to make it readable. It is extremely difficult for people especially when they are using small screens to read solid blocks of text.

Please start off by reading as many of the Hermes stories on the sub- forum as you can manage – and I'm talking probably you need to read about 20 of them. They all go the same route but some of them involve different principles.

Pay special attention to the stories where Hermes tries to get out of their obligations by saying that there is no insurance.

When you have done your reading then come back here – probably tomorrow and we'll take you through the next step.

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Incidentally, we've had some interest from the press on this issue. If you would be prepared to speak to a journalist then maybe you could email me your contact details and our admin email address.

It would be very helpful to lots of people and I think it would help your case as well enormously.

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9 minutes ago, AntiHermes said:

Hi,

I have just joined as I saw an Item online. I sent a parcel via hermes and it vanished without a trace. I tried to used their £20 free insurance claim but there is no trace on how to contact the company anywhere and I searched the internet for 8 hours. It is a complete dead end.

 

Is there any help I can get, I would love to be able to give them some bad press, or even better, get them in to court?

 

Thanks in anticipation.

There's lots of help here but please will you start your own thread and tell your story there.

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13 hours ago, BankFodder said:

There's lots of help here but please will you start your own thread and tell your story there.

0330 808 5456 its bit tricky to contact with agent you need to use your tracking number and according to instructions when its done your parcal tracking will give you options talk to someone regarding parcal. Then you would able to speak a agent.

This might help you to contact the Hermes 

Edited by Waze
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@Waze

do think you've had enough to understand the principles involved?
In particular, you seem to be about to claim for a fairly high value object and so Hermes will go to a lot of efforts to frustrate your claim and particularly you didn't get their insurance and they will try to rely upon that.

Do you understand what we say about the unenforceability of insurance?

Please can you tell us what the item was – and was it correctly declared?
Can you confirm the value of it and was that correctly declared?

You say that you've got evidence at both ends. That's really excellent. Any chance that we can see it?

What is the latest data plane? Have you made a formal complaint to Hermes?

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I received your images by email. Thanks. However, it will be helpful if you would put them into a PDF document and upload them here.

There is also some way to display them on the forum but I'm not sure how it works – maybe somebody can help.

Also I understand that you have a video. Maybe you could upload onto YouTube and then link to that video here.

It will be useful to us but also it will be very useful to others who visits this thread because it will start because it will help them to understand the kinds of precautions they can take when using Hermes or any other courier and it will encourage them to do so.

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Simply put read our upload guide.

use rhe websites list to convert to pdf then merge to pdf

  • Thanks 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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I only have images which i can't do via phone . 

They send claim £25 as standard but i want to take them on court as my case is totally different as you might read the images i have sent you. Wouldn't you able to upload or email me those in pdf and i will upload. Woulf you think will yhis be waste of time?

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  • 6 months later...

My parcal is sold on ebay and who bought my audio card has to register with the manufacturer and manufacturer told me all this information as new owner who registered my item bought from ebay.

 

And they told me only legal request can give person information.

Which EVRi is responsible to get back my item and provide to me. 

 

When i told the police they only send me to small court claim and now i am here to write response any help will be appreciated of writing response accordingly thanks 

I need help what should i write in response 

 

The defendant’s response

EVRi Parcelnet Ltd has rejected the claim.

Their defence

Why they disagree with the claim

1. If any part of the Particulars of Claim are not expressly admitted or denied below, such parts are denied by the Defendant entirely. Background

 

2. The Defendant is and was at all material times a company limited by shares in the business of providing delivery services for business to business, business to consumer and consumer to consumer. The Defendant operates “myhermes.co.uk” which is a website that can be used to order delivery services from the business of the Defendant operated under the ‘myHermes’ brand.

 

3. On or around 22 October 2021, the Claimant entered into an agreement with the Defendant for the use of its myHermes delivery service. The agreement was governed by the Defendant’s standard Terms and Conditions (the “Contract”).

 

4. The Claimant confirmed before completing the Contract that they had read and accepted the terms of the Contract.

 

5. The Claimant described the goods to be couriered on the order form as a ‘Audio Card’ (“the Parcel”).

 

6. The Claimant stated that the Parcel was valued at £750.00.

 

7. Pursuant to the terms of the Contract, on or around 22 October 2021 the Claimant dropped the Parcel off at one of the Defendant’s ParcelShops in anticipation of delivery to the recipient.

 

8. In consideration of the Defendant providing the courier service, the Claimant paid the sum of £5.00 (including VAT).

 

9. The last tracking point for the Parcel was on 23 October 2021 as delivered. However the Claimant states the Parcel had been tampered with. The Claim Value

 

10. The Claimant stated on the ‘Order Form’ that the value of the Parcel was £750.00.

 

11. The Claimant seeks to recover £1020.

 

12. The Claimant is put to strict proof as to the value of the claim. The Defence

 

13. The Defendant denies that it is liable to pay the Claimant the damages claimed for breach of contract and/or negligence.

 

14. This Defence is a response to the Particulars of Claim which are set out in the ’Reasons for claim’ on page 2 of the claim form. Claim Form – Particulars of Claim

 

15. The first sentence of the Particulars of Claim is admitted insofar as the Claimant entered into a Contract with the Defendant, the contents and value are neither admitted nor denied and the Claimant is put to strict prof.

 

16. The second to third sentences of the Particulars of Claim are neither admitted nor denied and the Claimant is put to strict proof.

 

17. The fourth sentence of the Particulars of Claim is denied, the Defendant has liaised with the Claimant in terms of its investigation and claims process. The Defendant has paid the Claimant the amount they are owed.

 

18. The fifth to sixth sentences of the Particulars of Claim are neither admitted nor denied and the Claimant is put to strict proof. The Defendant requests the Claimant provide this evidence he has in which he states his item was sold on ebay and that the Defendant found colleagues stealing parcels.

 

19. The seventh to fortyfirst sentences of the Particulars of Claim are neither admitted nor denied and the Claimant is put to strict proof. Limit of Liability

 

20. If, which it is denied, the Defendant is found to be liable to pay compensation for the damage/loss of the Parcel, the Defendant denies that it is liable to pay the Claimant the damages claimed as the relevant provisions of the Contract limit the Defendant’s liability in actions for breach of contract and/or negligence.

 

The relevant provisions state:-

20.1 Clause 4.2 “any other Goods or Parcels we will only be liable to you for Loss or Damage or Late Delivery to the extent that it is caused by our negligence, in which case we will pay compensation to you subject to the limits set out in this Condition 4 and Condition 5 below (“Compensation”).”

 

20.2 Clause 4.3 “Compensation shall be the full extent of our liability to you for Loss or Damage or Late Delivery.”

 

20.3 Clause 5.2 “Our liability for each instance of Loss or Damage or anything else other than Late Delivery is limited to whichever is lesser of:

i) £20

ii) the cost the cost of repairing the damaged Goods, or the value of the lost or damaged Goods (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges. "Charges" are defined as “the shipping costs you pay to send your Parcel but excluding any additional services such as signed-for delivery or Full Cover.”

 

20.4 Cause 5.3 Subject to Condition 5.5,

our liability for Late Delivery is limited to Subject to Condition 5.5, our liability for Late Delivery is limited to refunding the Charges.

 

20.5 Clause 5.4 “Subject to Condition 5.5, when you submit an Order, you may take out our Full Cover. If you do so the limit of our liability to you for Loss or Damage will be varied to whichever is the lesser of:

i) the amount of Full Cover you purchased; or

ii) the cost of repairing the damaged Goods, or the value of the lost or damaged Goods, (as we shall reasonably determine up to a maximum of the price you paid or were paid for the Goods); and we will refund your Charges.”

 

20.6 Clause 5.5 “Where you submit an Order for a Postable Product, EVRi liability for Loss or Damage or Late Delivery is limited to the Charges paid by you for the Postable Product. To avoid doubt, you will not be able to take out Full Cover for Parcels that are Postable Products.”

 

“Postable Product” is defined as “a Parcel that is postable and weighs between 0 – 1kg with a maximum length of 35cm, maximum width of 23cm and maximum thickness of 2.5cm.””

 

20.7 Clause 5.6 “The amount of Full Cover which you have taken out for a Parcel, if at all, will be the extent of our liability to you for any Loss or Damage to your Parcel.” “Full Cover” is defined as “optional enhanced compensation that you may, for a fee, take out when you submit an order”

 

21. Accordingly, the Contract terms limits the Defendant’s liability for loss or damage to a parcel (in contract and/or negligence) to a particular value (as determined by clause 5), for the loss or damage to goods. That compensation value is the lesser of £20 or the value of the damaged/lost goods plus postage.

 

22. The Claimant did not opt to increase the level of compensation for the Parcel and therefore, pursuant to the terms of the Contract the Claimant is entitled to maximum compensation in the sum of £25.00. Claim for compensation

 

23. The Claimant claims £1020.

 

24. The Defendant has already offered the Claimant £25.00 in full and final settlement of this matter which is the full amount the Claimant is entitled to under the terms of the Contract.

 

25. As explained above, it is denied that the Defendant owes the Claimant £1020.00.

 

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yes same audio card sale.

 

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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threads merged.

 

now do you really think anyone is going to help if they have to read through a complete block of text you posted in post 11 today

 

please repost it and put some sentences and blank line in before you hit reply.

 

i see you were warned about doing this when you 1st posted in december.

 

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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Blank lines not black lines.....

 

space your posts. Use punctuation and sentences.

 

not a complete block of text.

 

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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Firstly, I have to say that if you want to help then you need to engage a little bit more closely with this thread. Please engage with this thread.

Secondly, please can you be a little bit more careful about the way you post your messages .

We are trying to help you and it's very unfair when you post very long solid blocks of texts.

Disappearing for 6 months and then expecting us to take up your story with the same kind of enthusiasm is a bit unrealistic of you .

I don't see that we have your claim form here .

Please will you upload that in PDF format .

Have you had a directions questionnaire yet ?

 

Have any dates been set yet?

Have you done the reading of all the stories on this sub forum about EVRi and the people who have lost their parcels and then go ahead and claim reimbursement for them ?

 

If you haven't done this basic reading then we really won't be able to help you .

You have to take your own effort to start to get familiar with the way it all works and the arguments involved .

 

Then you will be more confident and it will be easier for us to help you and easier for you to deal with the matter

 

 

 

 

 

 

 

 

 

 

 

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Hi

i uploaded pdf file if you haven't seen that sorry for that. But i have been writing letter then i didn't get response now i am on final stage either in court or meditation.  Will see what response will come through. 

 

I have been contacted from one of your colleagues so interview in newspaper with my photo but in told that i dont wanna use my photo but happy to take interview and evidence to show you . But they refused to help me on that condition so now i have submitted court claim my own and here we are. 

 

As your suggestion i will read a post and have a an idea what to speak when represent my care in court or either to meditation person. 

 

After 3 months i found my parcel has been sold on ebay so i decided to take them court as they were not responding my letter.

 

My item is traceable through manufacturer as someone has to register to use my audio card to manufacturer. 

 

When i contacted them in march they told if i want person information i have to ask legally by police. But police rather then taking that action sent me to court to claim my money.

 

So here we are.

Let see what happens. 

 

Thanks

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Please let us know when you get a mediation date

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Posted (edited)

Hi i have got meditation appointment on 29th june. But i wouldn't able to attend the call between 8 to 9 but i am okay 9 to 10am. What should i do. And any links of reading which help me to explain and strong my case in front of meditation please 

Thanks 

Edited by Waze
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100's of evri threads here. You do not compromise.

 

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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Call the mediation service and inform them immediately.

Right to EVRi and tell them.

However, you will find the system is very disorganised and the message may not get through .

 

You will be best off finding a way to keep the appointment

 

 

 

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  • dx100uk changed the title to EVRi stolen my parcel - Court Claim Issued

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