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.
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.
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
Parcel shows as being at national hub
Parcel shows as being at receivers local hub and out for delivery. Unfortunately the tracking does not get updated beyond ‘out for delivery’.
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)
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.
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)
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
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.
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.