I have already done all that ready submit

I believe I added it already on this post .... Let me find it. 

Claim Particulars :

Quote

 

The claimant used the defendant's courier service to deliver an Aquarium LED Unit, value £200.00 to a UK Address. Reference number XXXXXXXXXXXXX, Claim number XXXXXXXXXXX.

 

The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value
of the item due to stating 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.' The defendant also referred to the item being damaged.

 

Additional insurance cover was taken out on the item which was paid in full to the value of £5.70.

 

The claimant seeks
£200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.

 

.............

Does that appear be ok to send off 27th Jan ? 

Does this appear look ok to send off first thing Thursday morning ? 

I posted my letter of claim signed for on the 10th January.

Letter of claim was signed for by Hermes on the 12th January.

So my expiry date would be 26th January and I will proceed with my MCOL first thing Thursday 27th January. 

The damages letter was sent first class signed for yesterday but upon checking tracking this morning doesn't appear to have updated as of yet. 

Update on letter of damages / wrongful interference letter: 

Appears to have been delivered / Signed for this morning.

Delivered

This is good because they already have the 14 days from letter of claim (Procced with MCOL 27th Jan 22) 

But the fact this has been delivered today gives them 7 days with the damages/wrongful interference letter also. 

However I highly doubt I'll get a reply to either! I have too added all of this to my Hermes support ticket which is currently 'Unresolved' and has been since mid December! 

Letter sent this morning regards damages to my parcel.

Royal Mail 1st Class Signed for, so will keep eye to see if delivered tomorrow and if so will update the support ticket with a copy of the letter sent \ tracking information and proof of delivery. 

I have prepared my letter to send as per the above:

Quote

 

Dear Sir\Madam

 

Parcel Reference Number XXXXXXXXXXXXXXXXX

Claim Reference Number XXXXXXXXXXXXXXXXX

 

I notice that in your correspondence to rejecting my claim you have said that my item was damaged (see below). However, at no point have you explained what you have done with it.

 

‘However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £11.00 back to your original payment method. Please allow up to 5 working days for this to be received.’

As the item is damaged, I would like to know why you are not returning it to me. Is this because you have proceeded to destroy it and is so why would you have done this without any permission from me as I am the owner.

Please would you clarify what has happened to my property and as you simply say that it has damage then clearly it is still in your possession and I would like it returned without any further delay.

Please understand that the letter of claim which I sent to you on 11^th January 2022 and was signed for the following day under Royal Mail tracking number XXXXXXXXXXX still applies and I am proposing to start a legal action against you but unless you can give me some satisfactory explanation of why you have not returned my damaged property, I shall be adding a claim for the wrongful interference with the ownership of my property.

 

Yours faithfully,

 

I will go head and follow this up and send it Monday first thing. I will then do the same and put a copy of the letter in the Hermes dispute I have open \ signature upon delivery \ tracking details and such. 

I already sent my letter of claim and now awaiting to submit the money claim particulars on the 27th January. 

I did follow up a message when Hermes declined to pay-out with the following reply:

11 minutes ago, BankFodder said:

Don't worry, we understand all the arguments to be made – in particular where they claim that an item has been damaged. Normally they follow that up with a claim that they have then gone on to destroy the item. They don't appear to have said this in your case which is rather strange.

You could go ahead and begin the process straightaway but I would suggest a slight delay in order to lay down a more pointed paper trail and maybe even to elicit some useful information from them.

I would suggest that you write to them and say that you notice that the item has not been delivered because it has been damaged. But as they obviously know the whereabouts and the condition of the item, why they have not returned it to you.
You would like it returned immediately and if they failed to do that then you want evidence that it has been damaged and you would like to know why they have not returned it to you.

Send that, wait about 10 days and we'll see what they say.

If they are unable to produce the item or if they then going to say that they have destroyed it then I think we could be looking at adding about another hundred pounds or so for the trespass to your property – Contracts (Rights of Third Parties) Act 1977

Do you think it's worth asking for proof of damage etc in way of photos from Hermes and add that to the support ticket that's still open but currently being ignored?  

Ok thanks, I mean I did think the fact the Hermes Claims Department came forward and clearly stated 'However, as this parcel was damaged whilst in our care,' then this would somewhat change things.

After all, the  item is still stuck in the same tracking process, never been delivered or returned to myself.

So with them stating it was 'Damaged whilst in our care' what's therefore happened to it? Do they have proof it was damaged? Why was I not informed about this before having to submit and wait for the lost claims process? 

I took out additional insurance to the FULL amount of the item which Hermes allowed me to take out and pay in full. The item then never reached the delivery address and a lost claim was submitted. However when the case was closed and a pay out was refused I got the below reply from Farhan at Hermes who stated ' However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £11.00 back to your original payment method. Please allow up to 5 working days for this to be received '

This is ALL I've had back. I have obviously replied back to the ticket I had open which they 'Resolved' on the below but to this day I've never had a response and that same ticket now has the Letter Of Claim within as well as the proof of postage screenshot \ Tracking details etc. 

It feels a complete cop-out! For them to allow insurance in full, state I need to submit a lost items claim. Then turn around and basically say 'The item was damaged in our care, we aren't paying out' Here's the postage back and here's the compensation amount you also paid ... Now leave us alone .... 

Yet looking in and around this forum there's been people with similar cases who never even paid the insurance and Hermes have offered them the £20 basic insurance  and postage costs back .... Does make you laugh! 

This is the correct site to be registered and proceed to fill out correct? 

Also, thinking I've worked out the interest correctly as I'll be claiming this and paying it back as a donation to this site. 

Item sold £200

£200.00 x 0.08  = 16

16 \ 365 = 0.0438356164383562

Hermes rejected the claim 23rd December and January 27th will be when I click submit for the claim. 

am I right in thinking it will be 36 days in total and then they calculate the additional days after the claim has been submitted till an outcome is made? 

 it's 0.04 x 36 = £1.44 

Claim Particulars Letter:

The claimant used the defendant's courier service to deliver an Aquarium LED Unit (TMC Reef Photon Connect LED 84w), value £200.00 to a UK Address. Reference number XXXXXXXXXXXX, Claim number XXXXXXXXXXXX. 

The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value of the item due to stating that 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.' And that the item was 'damaged' whilst in the care of the defendant.

The defendant allowed the claimant to take out insurance on the item in full. The claimant is seeks £200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.


Should I state in there that they allowed me to take out insurance or not ?

From going on the Hermes site if you type in say LED Aquarium Light ... It DOES allow you to proceed with putting in the value amount and prompts to pay insurance (Which I did). If you type in the contents being say a Laptop it prompts to say this item is a prohibited item and does NOT allow you to pay out the insurance so that in itself is very confusing! 

I am now at the summary \ Payment Details \ Confirmation on Money Claim and I will proceed with this first thing Thursday 27th January. 

Amended the Claim Particulars slightly:

The claimant used the defendant's courier service to deliver an Aquarium LED Unit, value £200.00 to a UK Address. Reference number XXXXXXXXXXXXX, Claim number XXXXXXXXXXX.

The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value
of the item due to stating 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.'

The defendant also referred to the item being damaged. Additional insurance cover was taken out on the item which was paid in full to the value of £5.70.

The claimant seeks £200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.

If this looks acceptable for a letter of Claim Particulars then roll on 27th January !!!!!!

So today I checked the tracking for my 'Letter of Claim' that was sent to Leeds Head Office / Capitol House. 

The letter has been signed for an therefore I have now updated the Hermes support ticket on the website also with a copy of the 'Letter of Claim' that was physically sent. 

Uploaded the proof of delivery via a Royal Mail tracking screenshot and added the following comment.

Letter of claim has also been sent signed for to:
Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH

I can see this has been signed for today.
Tracking Number: XXXXXXXXXXXXXXXX

I will give you until Wednesday 26th January and then I will be instructing County Court proceedings.

I now need to register on the  Moneyclaim online website and start preparing my case.

today I issued my letter of claim !! Which means that once delivered (I've sent it signed for) I will await 14 days and then issue the court claim. 

Does the letter appear to be ok ? 

Quote

 

Dear Sir\Madam

 

Parcel Reference Number xxxxxxx

Claim Reference Number xxxxxxx

 

Letter Of Claim

 

On the 22^nd November 2021 I used your services to send a parcel containing a Tropical Marine Centre Aquarium LED Light UInit which I had happened to sell on eBay.

 

The parcel did not arrive at its intended destination and I now understand from yourselves that the parcel has been lost.

I am therefore seeking the value of the parcel which was fully insured at £200.

 

I am fully aware that you have a reputation for losing or damaging thousands of parcels that have been placed into your care. You can be certain that if you force this to court, that your record will be brought before the judge – including pieces in the media – both newspapers and television – as well as the information relating to your recent label and computer problems which may well have contributed to the loss of my item.

 

If I do not receive this sum in full within 14 days then I shall issue a claim in the county court and without any further notice.

 

Yours faithfully,

XXxxxx

 

Also didn't know which Hermes send it to so went with head office in Leeds 

Address: Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH

From reading on here nobody appears get a reply anyway ... 

I was going to donate regardless but sure

Does the letter of claim seem ok ?

Obviously I will add the reference number given for the claim and my original tracking number etc. 

Then will proceed with registering on MCOL. 

From pretty much all of the Hermes ones I read on here .... Hermes point blank refuse and put up defence only for it to then go mediation. 

I am not one to claim interest, I simply want the money back (£200) for the item they accepted insurance for only to now tell me it's lost and a prohibited item that was damaged. 

Letter of claim.

Sorry, Hermes initially only offer £20 compensation when you put in the amount of the item value when booking. The value of the item was £200 so I paid an additional £6 or something which took the total postal cost to £11.00.

They've only offered/paid the initial postage cost which was £11 and that appears to have already hit my account on 24th December. 

Quote

 

Dear Sir/Mdm

Parcel reference number X X X – claim reference number X X X
Letter of Claim

 

On 22nd November 2021 date I used your services to send a parcel containing TMC Photon Aquarium LED Light Unit which I happened to sell on eBay.

The parcel did not arrive at its intended destination and I now understand from yourselves that the parcel has been lost.

I therefore is seeking the value of the parcel at £200.

 

I am fully aware that you have a reputation for losing or damaging thousands of parcels that have been placed into your care. You can be certain that if you force this to court, that your record will be brought before the judge – including pieces in the media – both newspapers and television – as well as the information relating to your recent label and computer problems which may well have contributed to the loss of my property.

If I do not receive this sum in full within 14 days then I shall issue a claim in the County Court and without any further notice

Yours faithfully

 

Should I state that I took out the extra insurance on the item in my letter of claim ? 

 

All the best BluBear! 

Love to see the outcome of this! Hopefully front page news! 

You think I should proceed with a letter of action an then follow up with taking them to MCOL 

Please will you tell us something about the parcel? Aquarium LED Light Unit sold via eBay

Was it insured? Yes, Hermes offered standard £20 cover.

Was the value properly declared? What was the value? I declared the full value of the item to which it sold for on eBay, this cost an additional £5-6 and took the total post cost for the item to £11.00

I've been reading various Hermes claims and reports on here most the afternoon before signing up just from google searches. 

I did send a message to Hermes on the decline of the payout and advised I was obviously unhappy with the outcome and did question why they were advising that due to the item being damaged it wasn't covered due to being a 'prohibited' item but still to this day it's never arrived and the tracking is stuck. I've taken screenshots of it all in case they maybe remove it. However they failed to respond and just put the status of my claim/enquiry back to 'Resolved' 

I think my next steps would be to send a letter to Hermes recorded delivery with 14 days respond, put the same into the initial online ticket claim I had and can re-open. Then pending a response or no reply invoke MCOL on the 15th day. 

Hermes lost my aquarium LED light unit and say because it's 'Prohibited' item they will not pay anymore than the £11 postage/insurance fee due to them failing deliver. The £200 item isn't something they will entertain. 

So I'll cut a long story short ....

I sent an item back mid/late November after around 7 days I checked the tracking and it hadn't moved.

Messaged the eBay buyer who confirmed it's not arrived.

The following week got onto Hermes, had to wait 48 hours for the depot be searched as may have fallen onto netting. 48 hours later got back to Hermes and filed a claims form.

About 20 days or so later after doing so they've come back to say that because the item was damaged on arrival and the item I sent was on the prohibited list they are refusing to pay out and will only refund the £11 postage/insurance that I took out.

The parcel was an aquarium LED light unit, it contains no glass parts, I packaged it extremely well and stuck multiple sticky labels on the parcel when I took it the parcel shop so all sides were covered but somehow it's 'lost' 

I've had a good route around this site and seen plenty of people who have sent letters to Hermes and followed up with taking them to MCOL with success and so am now thinking of perusing this one myself. 

What I find rather interesting is the Hermes booking site ... Which appears to stop senders from taking out insurance for certain items which are on the so called 'Prohibited List' however ... My item when booking didn't occur this, had it then I would have found an alternative method. 

Not only that but the response from Hermes Claims department made out the item had somehow been delivered but arrived damaged ? 

"However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £11.00 back to your original payment method. Please allow up to 5 working days for this to be received."

I've never claimed or spoken of damage to the item, I was merely chasing the location of it and the fact it's been lost within Hermes network.