Hermes - asking me to pay for return delivery to prove item is damaged

[samhale]

Hello -

 

I'm hoping you can help me out regarding a parcel I've sent with Hermes.

 

The item arrived damaged (technically, all that arrived was a noticeably empty box) - and so was rejected by the recipient. I've contacted Hermes (who hadn't bothered to tell me that it had been rejected), who have said I need to pay for the return delivery to be able to obtain a photograph of the item to claim for it as a damaged item.

 

Is this correct? Should I have to pay for return delivery for an item they've damaged/lost?

 

Thanks

Sam

[silverfox1961]

Hi and welcome to CAG.

 

I think they are trying it on. The delivery was rejected, they have the empty box. Why can't they accept that the box is empty.

 

If my assumption is wrong in that the customer has the box then ask them to photograph it.

[samhale]

Thanks silverfox - you're correct in that Hermes currently have the box at their depot, and are threatening to destroy the item (or at least the box!) in 2 weeks time.

[BazzaS]

"Dear Hermes,

I'm happy to pay for the return delivery of the item, as then I can claim this from the customer.

 

If you are asking me to pay for the return delivery of an empty box : I'd normally not do this so as to "mitigate my loss", but I'll do it if you insist. Please flatten the box to reduce its "volumetric weight" and reduce the fee, which I'll be reclaiming for anyhow"

 

 

If they maintain that you have to have the empty box back to be able to claim, then they are accepting the cost of that:

a) is reasonably foreseeable by them, and

b) "flows naturally from the breach" (of contract to deliver the item),

Making the cost incurred (at their insistence) recoverable.

 

I think they are "trying it on" or have misunderstood - how daft do they think they'll look if it came to court?

[ericsbrother]

If it was rejected they should have returned it to you anyway. What are they on?