Lost bike - collected by Hermes booked via Parcel2Go

[Fangface1]

Please can I seek assistance in making a claim against Parcel2Go -

 

The full circumstances are as follows -

 

I successfully sold my old mountain bike via Ebay for over £200.00 and used the portal Parcel2Go and selected Hermes. The bike was packaged in a full size box from Halfords secured with tape and the Hermes label printed off and secured to the box.

 

At the time of paying for the cost for the courier I elected to select no additional cover for loss or damage (reason for this was how can you lose a large box, how wrong was I).  The full cost of the bike was however declared when booking the courier.

 

The bike was collected from my home address by the courier on 14th May and after a short time I decided to check were the bike was and via the Hermes tracking facility it stated -

We’ve got your parcel and we are processing it

 

I raised a query with Hermes who said they would look into the matter and eventually received notification that the parcel was missing.

 

I queried how can it can go missing and asked them to provide me with the address for the local depot along with asking what enquiries have  been conducted, no response  received to these questions. Eventually they responded to say that I must go through Parcel2Go after I sent them further messages.

 

Therefore I contacted Parcel2Go submitting a claim for loss / compensation, they asked for specifics including a detailed description of the item and the size of the box it was posted in. After the elected date nothing was heard from them so I sent a prompting email and eventually I received notification from them saying that the parcel was missing and due to the fact that I had not elected for additional  cover for loss there would be no compensation and the matter was closed. 

 

There has been no explanation from either party as to how the package has gone missing or what investigation has been carried out and neither party has supplied me with the local depot address. I have informed Hermes that suspect foul play possible theft, no response.

 

I have written a letter of intent and I would like your opinion on  the content before it is posted to Parce2Go.

 

I am willing to pursue the matter.

 

My arguement is this.

I accept that I have not elected to pay for additional cover and I would even accept that if the bike were delivered and went missing at the recipients end that I would not have a leg to stand on for a claim. But for a parcel, a large parcel that is not easily mislaid to go missing whilst in Hermes possession is a clear case of negligence on Hermes behalf.

 

I have digested part of the consumer rights act and also read through some of the terms and conditions of Parcel2Go and the main argument I have is that a parcel, of some size has been lost therefore the following has not been adhered to - 

 

Extract from the consumer rights act:

 

“Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.”

 

 

 

I look forward to your response.

[dx100uk]

as it was obvious what it was lets hope its not suffered the fate of other like object and goes 'missing' as a useful item whilst in the chain of people that deal with it, sadly a very common thing.

 

there are 1000's of thread here like

 

Parcel2go Hermès Lost/Damaged Item - court claim issued ***Won*** - Postal and Delivery Services - Consumer Action Group

 

the fact you didn't take the extra ins is of ZERO relevance 

[BankFodder]

Please can you post up your "letter of intent" here on the forum – in PDF format.

Have you understood all the principles involved? Who did you send a letter to?

You should start off by reading around the Hermes stories on this sub- forum. Understand all the arguments and the route that these stories normally take. In particular understand how Hermes or parcel to go will attempt to exploit the fact that you didn't take out an insurance policy. Understand the arguments against this.

Post up your letter so that we can comment.

[Fangface1]

Many thanks for your input.

I have not sent the letter before court at this moment in time. However I would like your input to establish if the letter reads well prior to posting.

 

Thank you

Letter before court.pdf

[BankFodder]

The letter is fine but you should check your spelling because it doesn't look good

[Fangface1]

Thank you and I will check it. I will let you know the response should I receive any from Parcel2Go

[Fangface1]

Parcel2Go have responded see below. Do I respond back informing them that they.ie Hermes and Parcel2Go have been negligent or proceed to a small claims. They have simply refunded the cost postage.

Quote

 

Ref: Xxxxxxx Good Afternoon Xxxxxx I am contacting you today regarding the most recent Letter of Intent. Firstly, please allow me to offer you our most sincere apologies for the service you have received on this occasion. When booking your order with us Xxxxx, you are required to enter the contents and value, you confirmed the following: "Bike" (145x80x22, 21kg - £205.00) Upon entering this value a pop-up message was received which reads as follows:  "Don't get caught without enough protection should the unexpected happen. You can protect your parcel up to the value of £5,000.00 Yes, I would like to protect my £205.00 parcel against loss or damage for £14.35 exc VAT. No, I'm willing to risk my £205.00 parcel. I'm not worried about potential loss or damage." You declined the option to protect your goods fully and instead accepted to send this with zero protection, you continued throughout your booking process entering all necessary detail. Before making payment another pop-up message was provided, again requesting you protect your goods fully. Xxxx,  you chose to decline this option again and continued to accept the Terms and Conditions, the ones we rely on are as follows: https://www.parcel2go.com/content/about-terms.aspx "The Extent of our Liability 6.4 We shall only be liable for damage or loss caused to you if it is caused by our negligence, breach of duty or other wrongful act or omission, and only subject to the limitations set out within this clause 6 and clause 7. 6.5 We shall not be liable to you under any circumstances for: (a) any direct or indirect loss (including, but not limited to loss of profits, or loss of goodwill); or (b) any other special or indirect losses, costs, damages, or claims which do not arise naturally as a result of our negligence, breach of duty, or other wrongful act or omission. 6.6 We shall not be liable to you: (a) under any circumstances where there are any material discrepancies (meaning more than 10% difference) between the declared dimensions and/or weights and the actual dimensions and/or weights; (b) for any damage caused by our negligence, breach of duty, or other wrongful act or omission, which you have, or you have arranged to be, repaired, unless it is agreed by us that the repair work is to be carried out and that a repairer approved by us undertakes this work; or (c) in any circumstances in respect of the items on the Prohibited Items; Damage to Items Protected for Loss Only; or for loss of or damage to the No Protection Items lists, unless otherwise stated by us. The Limitation on the Amount of our Liability 6.7 If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased Parcel Protection for your Consignment from us. " The claims team has correctly closed this claim based on the information listed above. A refund of the carriage fees paid has now been added and will be returned back to the original source of payment within 5 working days, I do hope this is of some help. Again we do apologise for all the inconvenience caused by this matter. Should you require any further assistance Xxxxx, please do not hesitate to contact me back. Kindest Regards Xxxxxxxxxx Asset Protection Officer.

 

 

[BankFodder]

Well you have made your formal complaint. They have rejected it so the next step is to follow up on your threat to issue proceedings at the end of 14 days . Have you not read the stories on this Hermes sub- forum because this would be clear to you.
What other purpose might they have been in sending them a letter of claim?

Presumably you have registered with the money claim website and you're all set to go. Have we seen your particulars of claim?