For the assistance of Hickling96, I have attached copies of my claim letters. Earlier in this thread are a number of pictures used to demonstrate the lack of care taken by these companies when handling our goods. Hope this helps. HERMES CLAIM_1.docx PACKLINK CLAIM_1.docx

Congrats. Shame you weren’t in uk as this obviously added difficulties for you regards getting your costs as well. . Each one of us who wins after a threat of court action makes it clearer that Hermes (and other parcel shippers) do not want to be exposed in court as having unenforceable , unfair clauses in their terms and conditions.

Hi whosaynah, you need to familiarise yourself with sections 49 and 57 of the consumer rights act. s.49 basically places them under a duty of care when your goods are in their control. They have lost them or they have been stolen. This is a clear lack of care. print out the photos I posted showing how they fail to care of goods and take them with you to mediation. have you read my earlier post? The fact you did not take enhanced insurance does not absolve them of their duty of care and they are in breach of your contract with them. They breached the contract ( lost your parcel entrusted to them.) so any other clauses in their favour should be nul and void. I would go to mediation with your court case fully prepared and if they do not offer to pay you in full, tell them you will see them in court.

Channel 4 did an investigative program presented by Joe Lysett , [bits on the internet] that exposed the poor handling and care, and also found evidence of parcels being sent to auction by Hermes when they could clearly be identified as the Address labels were still attached, and in some case the senders address was showing. Obviously those pictures have had the addresses redacted, but the captions tell the tale.

Here is the photographic evidence (had to split it to 2 lots: part 2

I hope this will help others, as I set out my story from the start. On 13th September I sold a MacBook Pro computer on eBay, for £820. I used packlink for the shipping method and selected Hermes 2-3 day service, to be collected. I did not take the enhanced compensation ( like you, I do not think it is my place to insure the handler for the incompetence of their staff, poor management systems , or dishonesty of staff). On 17th September I checked the tracking and saw that it had stalled. Delivery should have been completed by 17th. A message popped up on the tracking stating they had the parcel, apologising for the delay, and it would be delivered in the next 24 hours. I checked again on 19th and it hadn't been updated. No movement. I contacted PACKLINK at 9.45 am on 22nd using their livechat. The staff member 1 promised me an update on my query in "an hour or so". At 4pm on 22nd , having heard nothing, I tried again. This time the livechat staff member 2 promised an update later that day. At 11.35 on 23rd, still having heard nothing, I tried a third time. livechat staff member 3 when pressed, informed me that PACKLINK had no live communication with HERMES, and could only send then emails chasing them for a response. My view of this was disbelief. How could an organisation sub-contract services to another company who effectively had no motivation to respond to their questions as to what was happening to their clients packages. I proceed on the basis that if I buy a service from PACKLINK, and they offer me a choice of companies to handle the goods, they are creating a tri-party agreement, and both PACKLINK and the selected handler, are equally responsible for ensuring that my goods are handled with care and delivered as per our contract. When it became clear that the goods were not going to be delivered, I began looking on the internet for people with similar experience, and found this site. A GODSEND. I had been pressed by the intended recipient for a refund. The computer was for his daughter setting of for University in a few days and he needed the money back to get fid an alternative. After sending the refund, I stood to lose out to the tune of £820.00p if I did not get reimbursed in full by Packlink or Hermes. I pressed both PACKLINK and HERMES, for a conclusion. Either deliver the parcel, or compensate me for its loss. This time I directed my email to Martijn De Lange, the CEO of HERMES On 26th September HERMES stated my parcel was lost and as my contract was with PACKLINK, declined any further help. On 26th September I lodged a claim with PACKLINK. On 29th September, a very short time in which to carry out a thorough investigation into whether the parcel was lying around in HERMES warehouse, or examine CCTV covering the bay which should have held my computer - in its clearly identifiable box, to see if anybody had removed it, PACKLINK informed me that "after completing the investigation with the carrier the shipment has been confirmed as lost. A dossier has been transferred to the claims department for the final evaluation." A couple of subsequent requests for updates on the progress of my claim went unanswered. On19th October i received an email form Packlink. " The compensation claim for loss/damage of the shipment in favour of Michael has been accepted" GOODS COMPENSATION £25 POSTAGE COST REFUND £5.03 + VAT I Responded IMMEDIATELY. Rejecting the offer. - This is very important- let them know you are not accepting a reduced amount. . If , as I did, you paid by PAYPAL, they will deposit the money in your account. You have no way (that I could find), of rejecting a deposit to your account. You must be clear that you reject it, point out that you cannot return it to them, but they can recall it if they wish. I then informed PACKLINK that I wanted the full value reimbursing, and that I was not responsible for insuring them against mishandling of my goods. They had a duty to ensure my goods were kept safe and secure while in transit and they must ensure they are handled with care. As they had failed, I was entitled to full compensation, and they should refer my case back to their insurers. On 20th October, I drafted a Letter Of Claim against HERMES, to be sent to Martijn De Lange by recorded delivery. [ A big help from this site, with wording of that letter]. I then emailed him attaching a copy of the letter, advising him it was on its way, and that if I was not fully compensated within 14 days, legal action would follow without further notice. On 21st October, I received an email from PACKLINK, rejecting any request for full reimbursement, and cynically referring me to their terms and conditions "in order to avoid further disappointment and dismissal of compensation claims." On 21st October I drafted Letter Of Claim against PACKLINK, to be sent by recorded delivery to their Chief Executive Officer, PACKLINK UK Ltd, 3rd Floor East Passage, London, EC1A 7LP. In this letter I advised them that under the Contracts (Rights of Third Parties) Act 1999, I enjoyed all the rights of a contracting partner. Both HERMES and PACKLINK have failed in their contractual duty to deliver my parcel to the intended recipient, failed to exercise reasonable care and control of my goods entrusted to their care, and failed to provide the contracted service. I spent an hour scouring the internet for evidence of HERMES mishandling of parcels. This was more than enough time to gather photos of parcels lying around in their warehouses; in car parks and loading areas; parcels marked fragile- buckled, bent and broken open; and alarmingly photos of packages that showed either or in some cases both, the senders details or the destination address (redacted in the pictures) in auction houses, when they could have been reunited with the sender or delivered to their intended destination. It beggars belief. I then printed out all of the emails in chronological order ready for presentation at court. I intended to present the case myself. I would list them in order as exhibits (initials / number), and add other documents, similarly numbered (i.e. eBay order details - to show the value of the item; carriers receipt - either drop off or collected) then, when all the evidence is gathered and collated in date order, number each page. This is essential if you are going to see this through to appearing at court. It helps when you are referring to an email or part of a multi page document, if you can direct the Judge and Respondents representative to a line or paragraph on a numbered page. I then prepared a claim using the online claim form at https://www.gov.uk/make-money-claim, naming BOTH Packlink and Hermes as Respondents. [ A big help from this site on drafting a brief 'details of claim'] The great thing about this is you can complete the form up to the point where it is ready to send ( step 7 of 8), then save it. It is then ready for the expiry of the 14 days you have given them to respond. All you have to do is log back in, re-open the form and finish it to activate your claim. On 23rd October I received an email from Packlink. "Dear Michael, Upon review of your case, your compensation claim has been accepted to the full amount of your item´s sale value. We apologise for any inconvenience caused. Please note, you will be reimbursed the balance of this amount as you have already received £25." RESULT. RESULT. RESULT. RESULT. RESULT My advice to anybody about to do battle with Packlink, and Hermes, or one of the other carriers Packlink offer, who reject claims because you didn't take out the enhanced compensation they sell.... READ s.49 and s.57 Consumer Rights Act 2015. The Law is your friend.

Hi, Bankfodder, in #9 you questioned the point of writing to Martijn De Lange directly. I would advise this is a worthwhile exercise. He may not see it , but he has a staff who deal with it. I emailed my complaint over a lost laptop valued at £820.00p which Hermes lost. Packlink offered me £25.00 as I hadn't taken their enhanced compensation ( like you, I don't believe i should insure them against incompetence and theft in their organisation). When they refused the full amount, I followed up with a letter of claim sent by Recorded Delivery on 21st October, addressed to him. I drew his attention to s.49 and s.57 of the Consumer Rights Act 2015, and gave them 14 days to repay me in full or I would take County Court action. I received an email this afternoon from one of his team, stating I will receive full reimbursement of the £820.00p plus the shipping fee. I would advise anybody taking them on, to send a letter of claim to both PACKLINK UK Ltd, and the courier, (in my case HERMES). Keep ALL emails and proof of posting, proof of value (i.e. the ebay order details). As you recommend, BE PREPARED TO GO TO COURT. I thank you for the information contained in your site.