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hellothere124

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  1. Hello, just thought I would see if I can help. My experience was similar (damaged and “destroyed” my high value item) but it was from selling an item on ebay, so evidence was available. I think Bankfodder has already covered this in the other thread so am just confirming the key points we need to know in order to progress this: - Evidence of the ring’s value (as above) - Responsibility for the loss (Holiday park or Hermes?); do you have any evidence (eg email) that the holiday park confirmed that they had your ring and/or will post it? Or that it’s posted it via hermes? Even getting them to send a photo of the hermes delivery slip they would get from posting, would be evidence (and also for them to confirm they posted it but knowing most public places declare ‘items left or lost are your responsibility etc” - not sure if complicates it even more? - Packaging from posting; we need the Holiday park to confirm what packaging was used to post it (envelope with bubblewrap? Or just plain envelope?) - ownership of the “property”; its yours but it may get complicated as it involves your ex. Clarity on the first 3 points is the important bit tho! Hope that helps - correct me if im wrong or missed anything @BankFodder.
  2. Yes I got the full amount back including compensation for the hassle and SAR that I requested as per the claim plus the court fees (£60 initial fee + £77 warrant fee). They had not adjusted it at all. Am sure you're as surprised as I am that they didn't respond. But I do think they knew they had no defence against the conversion of property point, and backed by how quickly the judgement was issued by the Court. All positive and I hope whoever goes through something similar can use this as an example! It is your property and they are just providing a service regardless of the T&Cs! Yes that donation is from me but not sure why it came from another email! See attached the judgement with my details redacted. All the best! Hermes_GucciBag_Judgement.pdf warrant.pdf
  3. So 2 days following the warrant issue.. Hermes finally contacted me to arrange payment and said they had not received my prior claim letters hence the lack of response? But they received this one though didn’t they before the bailiffs are in! Am incredibly pleased and thankful to CAG! I didn’t know this great community would be what I find back in Dec from a quick search! Really appreciate the time taken to help me on this and I wouldn’t have a clue without it! I have just donated. Its forums like these that really makes a difference to society, so we need to keep it going! Key points to note: Hermes Parcelnet Limited (UK entity and HQ in Leeds - address to this) Don’t use packlink for high value items (it links ebay details to the courier selected) Never use Hermes for high value items EVER!
  4. It was granted on 17th Feb and i requested to their Leeds address below: Hermes UK Capitol House 1 Capitol Close Morley LEEDS LS27 0WH This does look like the correct Hermes UK office address though?
  5. How long should I wait before enforcing a judgement? It has been a week but do I need wait 2 weeks or a 1 month? There doesn't seem to be a set guideline but system does allow me to request a warrant now, which I'm tempted to do today. Also, since they didn't respond to at all, am I likely to receive the payment? Doesn't seem a common move from Hermes according to the threads so not sure if I'm in a worse or better position with this..
  6. Hello Hermes should have responded to the claim yesterday but they have not. Wanted to double check that I should now request judgement? Thanks!
  7. Happy New Year! Update on this: Have posted the letter of claim on 6th Jan Signed up to Money Claim Still not heard back on the SAR but they do have until 26th Jan to respond (sent 29/12) I've drafted the below POC incl the SAR breach assuming they don't respond? Can take out though for now. Tracking reference: X X X X. Defendant courier company undertook to deliver claimant's Gucci bag value £650 to an address in the UK. Defendants damaged the parcel through their negligent handling and destroyed it without permission. Evidence was not provided of the damage when requested by the claimant. The claimant seeks compensation for defendants breach of contract, negligence and conversion of property: £650 + £100 compensation for distress and inconvenience. Data Protection: claimants served a valid request for statutory disclosure of personal data upon defendants on 29/12/2020. Defendants have not complied and are in breach of statutory duty. This is caused distress and additional difficult to the claimant who seeks compensation of £50. A complaint has been made to the Information Commissioner. Claimant seeks £800 plus interest pursuant to s.69 County Courts act 1984
  8. Thanks so much for this! I sent the SAR last night via email and also through their new portal that they ask you to do now. I will wait till Monday 4th to post the letter of claim. Should I send this tracked postage? The letter is spot on! I have started drafting the POC and saw from another thread that someone asked for £50 compensation regarding the SAR, should I also do this? I have stuck to the £100 compensation you mentioned earlier re: conversion of property. So total I would be seeking £800? That would give me more leeway in negotiation. I'll share the POC with you on Monday when I've posted the letter.
  9. Just to clarify, is the SAR for them to provide further details about my parcel and what's happened to it? Also, the buyer did send me a lot of screenshots of her comms with Hermes and they confirmed the parcel is damaged to her (see first pic). My tracking on ebay also confirmed the parcel is "damaged beyond repair" and they held onto it (see attached). There is no specific mention of "disposing it" by Hermes and it was only referenced by Packlink that it would be a resulting action. I will try to send a SAR and complaint separately but the only email I have is of the CEO? I can get through to them otherwise.. Definitely a lot to think about but very well considered. As you say, I will still send the SAR and raise a separate complaint to Hermes, then give some time before sending the letter of claim? Let me know if the below helps my case at all. emails.pdf
  10. Thanks. I've had quite a few exchanges with Packlink on behalf of Hermes (I tried to contact Hermes direct but they told me to only go through Packlink). I've highlighted the key points/quotes from Hermes and redacted the rest. Hope this helps. Just one more audittrail.pdf
  11. Apologies for my hastiness – am just keen to get this started but appreciate I need to think this through more and provide you with the full story. I will email you the following privately by midday: Photos of my bag Screenshot of the website with my bag when it was first listed (it’s not ebay) My exchange with Packlink who contacted Hermes on my behalf and provided quotes from them Yes, this item was a personal item that I bought from Gucci this year and I just didn’t want anymore. I am registered with them and can get proof of purchase (as I had sent the receipt with the parcel as well). I did query the selling website about the bag and they have asked for more information as expected. I have left this option for now as I believe my focus should be with Hermes, but should this also be explored? Yes, I did also have to reimburse the buyer and have evidence of this too. I reimbursed them once I was satisfied it was nothing to do with the buyer and was an issue direct with Hermes. The link to torts law makes a very interesting read and is super helpful – so thank you. I was hopeful there was something in the law against “destroying” other people’s property whilst in their possession, as that cannot be just! There are no H&S issues they could pull out that they could with electrical items for instance, so this sounds pretty solid to me and could become a much bigger case for compensation? Fascinating. Hermes had no right to supposedly “destroy” the bag, whilst they had also supposedly “damaged” it and could not deliver it - it was already with the courier for delivery that day – I mean, if it was that “damaged”, surely, they wouldn’t have given it to the courier to deliver? I can somehow reason if my item was electronic due to H&S issues, but it was simply a handbag that was very well packed (video evidence), and then to see it on a selling website 2 weeks or so later just made me see red! And the fact that I queried this with Packlink several times where they passed my request onto Hermes (or at least I trusted they did) for photo evidence of the damage and to return the “damaged” bag to me. Both requests were completely ignored and they kept pushing for me to accept my bag is lost when it isn’t?
  12. Thanks for your detailed reply. I do have screenshots of the bag on the secondhand designer items website – its viable as they will have been paid in cash instantly but again, 50:50 of it being mine but I’m pretty sure as it is. The value £650 is the sold ebay price and from what I read in the forums, Hermes/couriers can see this when you purchase the shipping label through them. I have read the following forums including the one dx100uk posted earlier and am happy to proceed: https://www.consumeractiongroup.co.uk/topic/419960-interesting-packlink-hermes-ebay-claim-where-does-the-liability-lie-won/ https://www.consumeractiongroup.co.uk/topic/422236-packlinkhermes-lost-ebay-parcel-settled/ https://www.consumeractiongroup.co.uk/topic/422635-packlink-and-hermes-again-won-plus-costs/ https://www.consumeractiongroup.co.uk/topic/428137-packlink-hermes-county-court-claim/ I’ve attached my shorter one below but question, should I send this to the Hermes CEO email (that’s the only one I can find online)? Dear Sir/Madam Letter of claim - Hermes tracking reference number X X X X – dated X X X As you know, you have now reported to me that not only did you damaged my parcel and not delivered it, but you also destroyed it without my permission and without providing evidence of the damage. The parcel was sent under the above tracking number. The contents of the parcel and the value (£650) were properly declared to you. Despite this you have denied any liability for the damage and loss, and therefore I am writing to let you know that unless you reimburse me the value of the parcel in full and within 14 days, I shall be issuing a claim in the County Court for the full amount plus interest and without any further notice. Yours faithfully
  13. Hello, Sadly I am have also fallen foul of hermes and they have supposedly "destroyed" my Gucci bag (sold for £650) and have ignored my request for photo evidence of this damage and also ignored my request for them to post the "damaged parcel" back to me. I also saw my Gucci bag recently on a second hand website, very likely to be mine due to exact same condition but might not be. As this was a high value item, I also have a video of me wrapping the bag really well with bubblewrap, more bubblewrap/paper to hold its place and secured in a box, so they cannot say it was not wrapped according to their requirements nor say it is a prohibited item. In summary this is what happened: 24/11/20 - Ordered hermes next day delivery postage and dropped parcel off at the shop. 25/11/20 @ 13:02 - parcel due to be delivered between 14:00 - 16:00 (same day) @ 14:31 - status is "damaged not delivered". 25/11/20 - Packlink confirmed Hermes says it is "lost" and asked me to do a lost claim form, to which I challenged it as the status says "damaged not delivered". Packlink says they have requested hermes for photo evidence of the damage. I eventually completed the claim form to progress things whilst I wait. 27/11/20 - Tracking says "resolved" and i contacted Packlink whom confirmed that hermes said "The courier has returned the parcel to the depot, please allow a further 48hrs for tracking to be updated as to whereabouts of the parcel and the severity of damage". They also asked for another 48 hrs to "investigate". 27/11/20 - contacted eBay for alternative advice and they told me to make a claim with hermes 28/11/20 - chased again but no response and keeps pushing me to provide photos for the lost claim. 01/12/20 - > 48 hrs later - still taking a while for them to confirm and they have provided the £25 compensation plus postage. I asked to file a complaint and they provided the details. I am ready to take this to small claims and from reading the similar threads out there, this is what i have devised - let me know if I need to add lines from the Consumer Rights Act. Should I also address this to the CEO?
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