Parcel2Go.com Limited this time **WON in court**

[BankFodder]

Yes, exactly the same as last time.

Who did you sue last time? Was it Hermes?

[BankFodder]

You say that you are launching a claim tomorrow.

Have you actually made a formal complaint and received a refusal? Have you sent a letter of claim?

[BankFodder]

If you didn't send a letter of claim last time then you are probably lucky that they are so slight that they didn't challenge your failure to adhere to the protocol.

You need to start by making a formal complaint in writing – either by email or letter and get a written refusal. This could be by email or letter.

I wouldn't give them too long – maximum 10 days but I certainly wouldn't include a deadline in the letter.

Then send them a letter of claim giving them 14 days or you take action.

Then on day 15 – take action

[BankFodder]

This issue has come up before and frankly I'm always a bit confused as to who is who

Search this sub- forum for "DPD" and see what people have been doing

[BankFodder]

I don't know why you have used the heading "Locus Standi". It has nothing to do with that.

If you want to heading then it should be "unfairness of the requirement that the customer takes our insurance to protect Hermes against their own negligence or the criminality of their employees".

 

You should also include a paragraph:
"the claimant invites the court to consider the fairness or otherwise of the defendant contractual terms as empowered to do so by the Consumer Rights Act 2015"

[BankFodder]

You could add a further paragraph:

"In any event, the defendants 'insurance' requirement is not truly insurance because the defendant is not regulated by the FCA and not authorised to sell insurance.
The defendants' insurance requirement is simply another way of profiting from their own negligence or from the criminality of their own employees or contractors. However, this is not their mainstream business plan. This is an ancillary way of increasing a profit margin and it is predicated on the inefficiency of their delivery operation. If the defendant's delivery operation was perfectly efficient then no parcels would ever be lost or stolen."

 

Post up your finished draft here please based on the suggestions that I have made above

[BankFodder]

Well be very careful about copying things mindlessly. When you get it wrong it could be serious and you will undermine your credibility.

Best to stick to ordinary English language and that way you shouldn't make any mistakes

[BankFodder]

You don't need to worry about invalidating an agreement.

It's an unfair term anyway

[BankFodder]

On 19/10/2021 at 19:39, supernick90 said:

 

The delivery company is most likely the agent of an authorised insurance company. But i'd omit the paragraph about insurance anyhow, as the crux of the argument is the unfair contract terms.

 

Not correct that they are the agent of unauthorised insurance company. These insurances are not regulated. They are simply internal compensation schemes and is just another way of making a bit of extra money.

If you think of the millions of people who buy the insurance, the fraction of those people who tried a claim on the insurance and the fraction of those people who actually get a payout against that insurance – the so-called insurance scheme is simply a nice little earner.

Don't for one moment imagine that this is a properly regulated insurance scheme with protection against financial failure, and money lodged somewhere in case everything goes pear-shaped.

 

 

[BankFodder]

open

[BankFodder]

Well done. This is very interesting indeed because I understand that it went to court and was not settled at mediation.

Please could you give us a bit more detail about what happened and how come it went to court.

Also, I think we would be very interested in getting a transcript of the judgement which we will be happy to pay for.

Please can you tell us more

[BankFodder]

Also, you may have difficulty posting on this particular thread – we aren't certain why but we think there is some kind of glitch.

You should be able to post if you go to the first page of the thread and then make your new post at the bottom of the page there.

[BankFodder]

I've read back and I see that there was a mediation and they only offered half of what was claimed and you refused it and they decline to go any further and preferred to go to court.

This is a great result. I'm sure that they will live to regret it.

We've received your donation, thank you very much indeed. I sent you an email acknowledging it but also asking if you will contact me to help us organise a transcript of the judgement.