Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility. As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy. You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence. For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim. Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence. So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers. Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court. We will help you all the way.
Can I attempt to clarify what I think is a point of confusion between the OP and dx100? What I think the OP is referring to is the general right to cancel a distance purchase within 14 days. When the purchase is made, the vendor is obliged to provide certain information to the purchaser about their right to cancel in a durable medium. An email or a piece of paper is a durable medium, but 'phone calls or links within websites (or links sent by email) are not. If the vendor does not provide the required information in a durable medium, the usual 14 day cancellation period is extended up to a maximum of one year and 14 days. My understanding is that one of the pieces of information that the vendor is required to provide in a durable medium is that the purchaser will be reponsible for return costs if they cancel the order, and if a return by "normal" postage is not possible, the vendor needs to state what the return costs will be. I think what the OP is trying to do here is to argue that they want to cancel the purchase and that because the vendor did not explain about their cancelation rights in a durable medium then, (i) the cancelation period is extended up to a maximum of 379 days, and (ii) the vendor is responsible for paying the return costs. Anton2244 - is that what you are trying to argue? Whether my understanding of this aspect of the "distance selling regulations" is correct and whether they apply in this case I won't comment. Nor will I comment on whether this is the best approach for Anton2244 to take as he also seems to be under the mistaken impression that because no cancelation informatoin was given in a durable medium then "no contract" can exist...
@curryspcworld @TeamKnowhowUK - Samsung 75 8K TV - completely broken by Currys. https://www.consumeractiongroup.co.uk/topic/426151-samsung-75-8k-tv-completely-broken-by-currys/&do=findComment&comment=5069075
@skinnyfoodco Skinny Foods. https://www.consumeractiongroup.co.uk/topic/426130-skinny-foods/&do=findComment&comment=5068996
Jennyripper1974 posted a post in a topic,I’m in desperate need of help
I bought some clothes online in may through Evans and paid through PayPal
returned them all seven days later
I waited the 14days for my refund and no refund came
I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it.
evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
I contacted PayPal
they said the dispute had been closed but Evans at no point had attempted a refund.
fast forward to today
I’ve got copies of numerous messages sent to and from twitter messages as it’s the only way I can contact them
I’ve also contacted their customer service too
all I get is PayPal have cancelled refund because dispute is still open.
I have proved that the dispute is closed
I have got an email saying that if Evans sent the refund they would accept it
but up until the date I got the email they have not once attempted a refund .
I have sent them a letter before court email
I have even offered to have the full refund as a gift card just to get this sorted !
I’m literally at the end of my tether and don’t know where to turn next !
i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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