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Hi, I'm new and not sure if this is where I post for advice? If not, please remove and place in correct area. Thanks

 

 

I am a retailer and used myhermes to send a large parcel that couldn't be lost if you tried! I tracked it and was out for delivery but next day my customer said that it hadn't arrived so she contacted her local depot and was told it had been put on the wrong van and would be put on correct van and she'd receive in 24 hrs. 48 hrs went by and then she was told it was LOST! I contacted myhermes and told them what had happened and after a few very unhelpful replies said that they'd carry a thorough search out at relevant depot. They then emailed to say they couldn't find it and had been lost. I asked them how on earth can a large package be lost getting out of 1 van to another and seems to me it's been dumped or stolen. I didn't extra insure it and only went with the £25 service although goods worth £72. I didn't think for 1 minute they could lose a parcel the size it was. I asked for the full £72 as good customer services but they won't pay more than the £25. Do I have a leg to stand on? I have told them this is theft and sure;y they want to investigate the drivers involved as seems to me they don't want to do anything.

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Yes, I believe that you have a very good chance of success – but I think it is highly likely that you will have to begin a court claim.

 

Hermes need to be taught a lesson. They contract to make a delivery and then when they breach the contract by not delivering, they want you to pay extra to insure yourself against their breach! You couldn't make it up – except that all delivery companies operate in the same way.

 

I think that the requirement is unlawful and unenforceable.

 

Please read this thread here which is pretty well the identical problem http://www.consumeractiongroup.co.uk/forum/showthread.php?456708-Hermes-Extra-Charges-but-lost-Item

 

Have a look at the defence document which they have filed against the claim.

http://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=61577&d=1454929947&thumb=1&stc=1

 

It is a standard defence document and they will use the same against you if you decide to sue them.

 

I have high hopes of this claim and although your loss is considerably less, I would suggest that it would be well worth establishing the principle and suing.

 

One thing to say though is that as you are operating as a business, a claim would have to be heard at the local court for Hermes.

 

Do they have an office near you?

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Thank you so much for your help and advise. I have looked through the other thread. It seems to be a long process lol. I have not heard form Hermes since emailing them yesterday telling them that I wanted the parcel loss looked into as theft and the relevant drivers questioned as to parcels whereabouts. I said that if I wasn't refunded in full would be taking them to small claims court and asked them to contact me back asap, but nothing today yet and this was yesterday morning. Should I go ahead now and write a letter using that template from the similar case? Where do I send it to? Will I find the main myhermes address on line? Thanks so much again for your help

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Will I find the main myhermes address on line?

 

A quick look at their web site: www.myhermes.co.uk/home.html

At the bottom of the page, their address is given as:

 

Hermes Parcelnet Ltd,

Capitol House,

1 Capitol Close,

Morley

LS27 0WH

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

No... you can't eat my brain just yet. I need it a little while longer.

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Before you go rushing off, I think that you need to to be aware of a few things.

 

First of all, you are quite right the other thread has gone on for a long time. It needn't be that long. Frankly the people on that thread have taken an over-casual approach. The person who is posting is apparently acting on behalf of a third party who seems to reluctant to want to put his or her head above the parapet. This means that we are in a Chinese whispers and information and request have to be relayed. Secondly, the thread doesn't seem to be properly monitored. For instance you can see that a few days ago I asked for some information to be put together, but nothing has been done and there has been no response.

 

It all could have happened much more quickly and much more effectively than it has.

 

However, an important thing from your point of view is that you are acting as a business. I have already pointed out that this means that if you sue Hermes, the case will be transferred to their local court and this could put you at a considerable disadvantage if you have to travel a long way or incur travel expenses for the hearing. Once Hermes realise that you will have to travel away from your locality, it is a distinct possibility that they will then play a game whereby they delay things or asked for short hearings to settle matters which will actually achieve very little but will force you to travel to the court to deal with them. The people on the other thread are consumers and that means that the case has been transferred to their local court. You can see that in fact Hermes try to get it transferred to their own court first – but they failed. In your case, the case would be transferred to Hermes local court because they are the defendant.

 

This is an important factor in your decision whether or not to bring a court action.

 

You are being a court action for a fairly small amount and although I think that you will have a fairly easy win, and although I think that it is quite likely that eventually Hermes will put their hands up and pay you out rather than go to court, it won't stop Hermes maximising your inconvenience and risk for any costs before they eventually concede.

 

Don't get me wrong. I would be delighted if you sued Hermes and we would support you all the way. Hermes and all the rest of the delivery industry need a substantial slap.

 

This business of promising to carry out a delivery and then refusing to take responsibility for the breach unless some additional insurance is bought, is pretty well identical to the mis-selling of PPI. You have full rights under the contract and yet they force you to purchase additional insurance for something which is already covered by their existing contractual obligations.

 

Let me say, that I think it is extremely unlikely that there is any actual insurance policy in place. I think the so-called "insurance" is illusory and I'm itching to get Hermes into court and to put them to proof that there is a policy, to identify the policy number, to disclose a policy document and to disclose who the underwriters are.

 

I'm sure that none of this exists – but we will only find out if we can force them into court. Hermes and the rest of the delivery industry have so much to lose from even one small County Court loss that I've doubt very much that they would be prepared to go the distance.

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Thank you for all your help. I'm in Wales so would be a fair distance to travel. I don't have an account with Hermes and filled out my name and address as my personal details and not the Businesses. Will check all my email correspondance but don't think I ever mention I'm a business so should get away with being a private consumer?

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I suppose that you might get away with it but I'm afraid that we wouldn't be prepared to advise about this on this forum. It is a matter for you as to how you want to handle it all

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