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  1. In Brief: I sold a coffee machine on eBay, and sent the parcel via myHermes. They have since lost the parcel and have refused to pay compensation on the coffee machine as it appears on their extensive list of ‘excluded’ items. Having read through a similar case /showthread.php?456708-Hermes-Extra-Charges-but-lost-Item I feel I have a good chance to take this to the small claims court to get compensation. I’ve not had to do this before so if I could get some advice on the letter before action before I send it, I would really appreciate it. In Detail: 06/08/2017 The coffee machine sold on ebay for £215.00 +£9.50p&p, the coffee machine was brand new (an unwanted gift) and still in the original shipping packaging. 07/08/2017 Via the myHermes website I purchased shipping which cost £6.79, I also took out insurance for the coffee machine at an additional £5.70. At the time of purchasing I told them that the parcel contained a coffee machine. I securely attached the shipping notification and dropped the parcel off at my local myHermes ParcelShop. Later that day the parcel shows as received on myHermes online tracking. Somethings to note: I clicked on the link to the list of prohibited and excluded items (myhermes.co.uk/help/carry-guide.html#helppage), however I didn’t see the full list of excluded items below which explicitly lists coffee machines as being excluded. I also mistakenly entered the value of the coffee machine as £200.00 instead of the full £215.00 08/08/2017 Parcel shows as being at national hub 09/08/2017 Parcel shows as being at receivers local hub and out for delivery. Unfortunately the tracking does not get updated beyond ‘out for delivery’. 12/08/2017 Buyer contacts me to let me know parcel hasn’t arrived and myHermes will not update him. I contact myHermes online chat and they tell me they will look for my parcel and update me by Monday 14/08/2017. (full chat log can be provided if required) 13/08/2017 myHermes email me to ask for the following details of the parcel to help find it: (full email can be provided if required) 1. Contents of the parcel 2. Description of the outer packaging of the parcel. 3. Size of the parcel. 4. Weight of the parcel. I responded to the email giving them the details, and also included pictures of the parcel I had taken before posting. 14/08/2017 myHermes email me to let me know they can not locate the parcel and that I should submit a claim for compensation. (full email can be provided if required) I submitted an online claim which didn’t ask for the value being claimed but asked for details of the ebay listing to prove the value of the Coffee Machine. I received an automated email acknowledging receipt of the claim. (full email can be provided if required) 15/08/2017 myHermes email me to inform me: We have assessed your claim and on this occasion we are unable to offer you a settlement; the contents of the parcel are excluded from compensation for Loss. (full email can be provided if required) I regretfully replied to the email while being very angry. I asked how they can have an extensive list of excluded items which essentially gives their staff impunity to steal items off that list, and are they not going to even offer to refund the delivery cost. (full email can be provided if required). As yet they have not replied to that email. The buyer requested a refund, and as per eBay rules as the parcel has been in transit for over 7 days I will need to refund the buyer. Draft Letter Before Action Name & Address of Customer 16th August 2017 Letter before Action Dear Sirs Reference Number of Parcel and value As I have already informed you via your online chat on 12/08/2017, on 07/08/2017 you contracted to transport my parcel and to deliver it to (insert address of recipient). In breach of the contract you have failed to do this as you have since informed me that the parcel is lost. The content of the parcel was a coffee machine and I enclose documentary evidence of the value of the parcel. I require repayment of that sum in full and the wasted delivery fee, which amounts to £227.49. If I do not receive reimbursement in full within 14 days then I shall begin a small claim in the county court to recover the money, plus interest and without any further notice. Yours faithfully Do I need to put the full £227.49 in the title? I will include a printout of the completed eBay listing, and the myHermes invoice as proof of value. I don’t need to include anything else at this stage do I? Any help provided would be greatly received.
  2. In December, I painted a picture of somebody at the University of Toronto and decided to send it to them as a gift for Christmas. I am not employed so I didn't have a lot of money to spare for shipping it but when I looked on Parcel2Go, there seemed to be a reasonably priced service which used MyHermes and Landmark Global. At that point, I had never heard of Landmark Global but I had never had a problem with either Parcel2Go or MyHermes which had not been anything other that a delayed delivery so I opted for that service. All seemed to be going well until it was delayed due to a claim by Landmark Global that I had under declared its weight by a factor of 2.2:1 and I was required to pay extra .I thought was odd for two reasons. Firstly, I had been extremely careful to measure it and weigh it and double-checked everything because I wanted to avoid just such a problem. Secondly, 2.2:1 is the conversion ratio from pounds to kg and I wondered if the weight I had declared in kg had been read in pounds. I challenged this and in the meantime read all kinds of similar stories about Landmark Global on Trust Pilot (I wish I had read them before I booked the delivery!) many of which seemed to have almost identical weight discrepancies. Eventually, Parcel2Go said that the matter had been resolved and no excess was due. The next problem arose when the tracking information said that import duty was due. This came as a surprise as this was genuinely a gift and as I had only paid for the materials, i.e. canvas and paint, I would not have been able to put a value on it. I contacted all the various companies for clarification and they all pointed at each other like some farcical whodunnit. Then, after all the delays and in the week before Christmas, a delivery was attempted but I assume that the office at the university was closed and a collection note was left and the painting was kept for the two weeks over Christmas uncollected as there was nobody to collect it. Eventually, before the Christmas and New Year break was over, Canada Post initiated the return of the painting to me. I watched on the tracking as the parcel bounced around Ontario, actually doubling back on itself at one point, until on 8th January, it stopped and from then there is no trace of it. I contacted Parcel2Go who said that returns from abroad could take up to eight weeks after which time they would consider refunding me. I reluctantly accepted that maybe they aren't priority and come by sea or something so checked the tracking several times a day until eight weeks were up and the tracking still says the same thing; last seen in Burlington Ontario, 8th January. Up until this point, there had been a lengthy thread of e-mails between Parcel2Go and me and they generally got back to me within 24 hours - 48 hours maximum. I e-mailed them on 4th March and got no reply. I e-mailed again on 11th March and got no reply. I have repeatedly attempted to contact all the companies involved via Twitter (like using silver bullets with most companies) but have had absolutely no response from anybody. The status remains as it did on 8th January. I tried to post tracking links but I am not permitted to do so. At this point, I don't care very much about the refund, I would just like to see my painting again. If nobody from any of these companies replies, I don't know what else I can do.
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