I've contacted Collect+ again stating my intent. I will follow up with a letter of claim if I do not receive a response within 10 days. 

14 minutes ago, BazzaS said:

First step would be sending collect+ a letter before claim. (As long as collect+ don’t then try and blame dpd….)

 

The other issue is that if you weren’t the sender, (was it something you’d bought on eBay) then the sender is the one who needs to compensate you & recover it themselves.

Thanks Bazza.  

DPD have a picture of the parcel being in the shop, so I don't think they would get very far with that. 

I tried to get compensation from eBay and the seller directly, but I was refused as it was delivered to the collect+ point with proof from DPD. 

7 hours ago, BazzaS said:

I disagree with the poster who said it was “stolen”. Stolen requires dishonest intent, and it is more likely a mistake was made.

 

If it comes to legal action : sue both and let them sort it out between them. They can both be held to be negligent : The agents of DPD for not ensuring the parcel couldn’t be wrongly taken, and Yodel for their agent wrongly taking it!.

Good morning Bazzas. 

Thanks for your reply.  Should I cancel this case with yodel and create a new one with Yodel and collect+ or can I simply add another party? 

Hi all. 

The Mediation has taken place. Yodel requested that I answer some more questions, for which I've posted the answers here. I'm at a bit of a cross roads as I feel that my evidence might not stand up in court. What are your opinions? Previously I've been directed to "collect+ by Yodel" so that who I have raised this case with. 

I can't bare to think that I will be out of pocket for this, but equally I feel like I'm hitting a dead end. 

 

Quote

 

Yodel Records

 

As your parcel was not delivered by Yodel (it was delivered by DPD), we have no records of it on our system. My understanding is that any DPD barcode would have been specific to them and their IT systems; so would not have been recognised by Yodel.  

 

We have previously checked Yodel lost property (where any unidentified parcels should be re-directed to) and we could not locate your parcel. Our depots advised that any unidentified parcels which originated from DPD may be returned by Yodel to DPD directly. Have you checked with DPD again to see if this has turned up in their network/lost property?

 

CCTV Recording

 

I have watched the clips shared a number of times and unfortunately I do not agree that they prove a Yodel driver took your parcel. The clips are not great quality, they only provide snapshots of the footage and it is really difficult to identify any time stamps for the events. This is understandable given the clips are recordings of the CCTV footage being replayed. If you were able to obtain the full CCTV footage, we would happily reconsider that.

 

As a general point, the onus will be on you as the claimant to prove to the Court that on the balance of probabilities a Yodel driver took your parcel. In addition, you will need to set out on what legal basis Yodel is liable to compensate you for your losses even if a Yodel driver did take it. That will then be for the Court to consider and make a judgment.   

 

Theft Allegations & Police Involvement

 

From your email we note a couple of references to your parcel being stolen and involving the police. If you believe that a criminal offence has been committed, then of course you are entitled to raise that with the police as you see fit.

 

That said, I would respectfully point out that the definition of theft under section 1 of the Theft Act 1968 is “dishonestly appropriating property belonging to another with the intention of permanently depriving the other of it.” In the Particulars of Claim for your civil claim against Yodel you state that Yodel “mistakenly took my parcel” i.e. there is no allegation that it was dishonestly taken by a Yodel driver with the intention of permanently depriving you of it. If you wish to amend your Particulars of Claim, you will need to make any application to the Court for permission to do the same.

 

Putting the criminal offence allegations to one side, you are entitled to put forward witness evidence in your civil claim against Yodel. These don’t need to be witness statements obtained by the Police. Please see the following link to the Citizens Advice Bureau website for more information: https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/going-to-a-small-claims-hearing/

 

Just to flag, I cannot locate a copy of the Directions Questionnaire you filed/served for this claim. How many witnesses did you advise the Court would be attending in relation to your case? Did you include witnesses from the Collect+ store?

 

Collect+ & Yodel

 

You have asked us for clarification as to whether Collect+ and Yodel are the same company. We can confirm they are not. Yodel is a trading name of Yodel Delivery Network Limited, a company registered in England and Wales with company number 05200072. Collect+ is owned and operated by PayPoint Network Limited, a company registered in England and Wales with company number 02973115.

 

As you can see from the Collect+ website, they work with a number of parcel couriers/retailers, including both Yodel and DPD. Collect+ delivered by Yodel is a service offered by Yodel in conjunction with Collect+.

 

Settlement Offer

 

Notwithstanding all of the above, Yodel are mindful of the significant amount of time that is involved for both parties in dealing with claims such as these. Plus given the impact of the pandemic on the Court system, it may be a long time before this matter reaches a trial and a conclusion either way.

 

As such, as a gesture of goodwill, Yodel would be prepared to offer you £100 in full and final settlement of this claim. This offer is made entirely without any admission of liability to you and is only open for acceptance until 5pm on 30^th November 2021. After that time, the offer is withdrawn and will no longer be available for acceptance.  

 

If you do not wish to accept this offer, that is of course your choice but please note that Yodel will defend this matter to trial and allow a Court to determine the outcome.

 

Please do let me know if you have any questions on the above and we look forward to hearing from you.

 

6 minutes ago, lenny100 said:

i would be reporting this to the police as a stolen item, as it was taken without your consent

Hello Lenny. 

I never thought about it that way. Is it  too late to report something like this as it's been three months? 

Good morning all. Do you think I am within my right to bring yodel to court on this matter? 

Hello all. 


Any help/advice would be greatly appreciated. 

evidence.docxGood morning all. 

its probably not a surprise, but yodel are disputing the claim for the following reasons:

·         The claimant has provided video footage which does not evidence any cause of action against the defendant – My footage shows the parcel being delivered by the driver and I also have a delivery conformation picture. The footage also shows the yodel driver coming into the store and then footage of the feet area showing the box. Then the driver leaves the box is gone.
 

·         It is the defendant’s case that the driver did not take any parcel that was not designated for the defendant.  The claimant has failed to substantiate such allegations.  Not sure what to say to this? I have been told by the staff at the shop that the yodel driver took the parcel and the footage backs this up.
 

·         In any event any parcels that are taken in error are stored in the defendants lost property and/or returned to the correct recipient. I’ve not had a single response from yodel about my parcel. It’s known that “lost” parcels from companies like yodel are auctioned off so the system must not work.


 

As my parcel was delivered to a Collect+/Yodel drop off point surely the Collect+ insurance should cover me even if they don’t think their driver took the parcel? Is this reasonable?


I’ve attached some screen shots from the videos and the original videos. 

DPD Delivery (2)

STREAMABLE.COM

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Watch "DPD Delivery (2)" on Streamable.

Yodel Removal (2)

STREAMABLE.COM

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Watch "Yodel Removal (2)" on Streamable.

evidence.docx

7 hours ago, dx100uk said:

letter of claim 1st!!

Ah yes, of course!  I need to brush up on my skills.  Only a few months ago I had to raise a claim against Hermes with the Help of a user called BankFodder on here so I will have a re read of that thread. I did not expect to be back here so soon. 

Hello all. 

I'm having a bit of a nightmare with Yodel 

 

I had an eBay parcel delivered to a collect+ point (CO-OP) on 02/06/21 at 10.21am by DPD. At 13.14pm a Yodel Collect+ driver arrived and put my parcel into the return sack and brought it with him in error. I have CCTV footage that CO-OP provided. The first video shows the DPD driver dropping the parcel off at 10.14. The second video shows the Yodel driver picking the parcel up and walking out the door. 

On Friday 11/06/21 I contacted the Yodel web chat service and chatted with one of their reps. They took my details and gave me a reference number .... They said they  sent an email to the local depot. I have a copy of this script.

I tried to contact web chat again but I've had a mixture of unhelpful responses and nobody recognises the reference number I've been given.  I’ve also emailed infocollectplus.cust@yodel.co.uk twice with no reply. I've filled out the claim form and requested a payment to the value of £450. 

How many days should I wait before raising a case and is correct to ask yodel for this money instead of eBay? 

Just regular bank transfer 

Just received payment this morning. 

On 09/10/2020 at 08:21, syd16 said:

That is great news murrayant! I would also be interested in knowing the details of your interaction with Hermes through this mediation, I have a telephone mediation for my own case set for 19th October.

I've had a look at your thread and yours does seems slightly more complicated than mine. After going through the process last week my only piece of advice would be to created a very short snappy statement that you can give to the Mediator. 

Do you have any questions that I can help with?   

Sorry for the delay all. 

1: I got a call at around 3.30 PM where the mediator introduced them selves, confirmed what the intention of the mediation was and asked if I was willing to settle the case today and to willing to be flexible with the defendant. I replied and said I was willing to settle the case and I was willing to be flexible with Hermes by not going to court but I was not willing to budge on the £151.99. The mediator said that this was not the function of the mediation and I was expected to settle for a reduced sum of money. I repeated that I wasn't willing to reduce the monetary value but I was willing not to bring Hermes to court. The mediator told me they would bring this news to Hermes and call me back later. 

2: I received a call back from the mediator at around 3.50 PM. The stance from Hermes was that I did not take out the insurance but as a good will gesture they were willing to cover the cost of the postage + the value of the lost item. they were not willing to pay the £30 odd pounds that it cost me to raise the claim. I again repeated that I wasn't willing to settle for a reduced sum of money and if we went to court it would cost Hermes a lot more than £151. Again the mediator said that this was not the function of a mediation but still went back to hermes. 

3: After a 25 minute  wait the mediator called me back saying Hermes would pay the full amount and all i had to do was send my bank details to a person in Hermes. The Mediator then read out the claim and told me a copy would be sent to both partied Via email and that was it. 

For prep all I did was read the bullet points posted on here and re construct them in my own words. The mediation was very snappy and I wasn't given the time to defend my case and use the bullet points on here but never the less it was good to have the ammo in my back pocket. The mediator made me feel like a mediation wasn't the correct option, but I remembered that Bankofdder said they would try and push me into settlement.  Over all i'm happy that I ticked the mediation box. 

Update: 

Mediation ended with a Full payout of £151.99 due to be paid by 22/010/2020. Hopefully this is the end of the road now and Hermes will pay within the time frame, although I can't see any reason why they wouldn't. 

To anybody else that has had to lose money due to Hermes being negligent, this process is not as daunting as it may first appear. The entire process took around 15 weeks and cost £30 which i am due to receive back from Hermes. Although the entire process took a while there was really very little work to do thanks to the help from this forum and Bank fodder. 

BankFodder- Thank you so much for your help. The Information you have provided has been invaluable and hope you continue to do what you do. Donation incoming to help the people in the future. 

I have a Mediation date of 08/10/2020

I've received my questionnaire and I've filled it out, except for the mediation section. Do I want to mediate with hermes?  

Seems I was getting a bit ahead of my self. Thanks for the advice BankFodder. I will sit tight and come back when I get an update. 

Thanks BankFodder. Should I Request Judgement now? 

Sorry BankFodder. Uploading the file must have reduced the resolution. 

I have uploaded to imgur  which has maintained the resolution.

Hello all

Hermes have filed their defence stating that I have already received £26.99 compensation, which is untrue as I never accepted the payment. 

I suppose next step is to request judgement? 
 

Hermes have submitted an AOS. 

 

7 days since the day of service but no reply from Hermes. Hopefully they respond  this week but I do expect them to file an  Acknowledgment of Service and extend for a further 14 days. I will update when something changes. 

I raised a ticket with hermes and they confirmed the parcel was valued at £120. I have since submitted a claim on the Money Claim web site for £120 + £6.99 Postage. 

Yes, Point taken BankFodder. Thank you for your patience and help. 

I should have stuck to the strict deadline but I let time slip away from me. I will submit my claim on www.moneyclaim.gov.uk tonight.