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Hermes/Packlink Lost Xbox Parcel Court Claim


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Hey guys,

 

I did some reading and know there are a lot of similar cases like mine and I pretty much understand the steps I need to take to make my claim.

I'm asking for some guidance and advice on my Letter of Claim and Particular of Claim.

 

The situation I'm in:

 

I have sold an Xbox One X Limited Edition on Ebay for almost £300 and used Packlink delivery service which ended up with Hermes, did NOT buy their insurance.

I have dropped off the item at a colleciton point on 24/01/2022 and it was picked up the same day.

 

The buyer complained not receiving an item, so I chased Hermes who then directed me to Packlink.

After a few days of investigations, on 31/01/2022, I was told my item is "Lost" and was directed to make a claim.

I have filled a claim form, stating that I'm claiming for a full amount.

 

Packlink has come back to me today(03/02/2022), saying they will compensate £25 pounds plus delivery.

I have replied, rejecting the offer and stating that I will be taking legal action against Hermes to claim the full amount.

 

I'm planning to send them my Letter of Claim as bellow(used another person's post for guidance).

Let me know if it's okay. Thanks in advance.

 

Quote


Parcel reference number – xxxxxxxx– claim reference number X X X

Letter of Claim

 

On 24/01/2022 I used your service to send a parcel under the above reference number.

The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told that the item was lost.

I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover.

 

My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes.

It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers.

 

I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action.

 

The contents of my parcel were valued at £290 plus the delivery fee of £7.87.

 

If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover the full amount.

 

Kind Regards

 

 

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