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Hi,

Had to return a jacket from Scotland to Ireland via Hermes.

Tracking the parcel got through a few steps and then went missing the day before it was due to be delivered back to retailer.

Jacket cost 90 pounds, +10 delivery +Hermes charge of 12 pounds (total 112).

Unfortunately I did not take out extra insurance, believing it to be unnecessary.

 

MyHermes saying it's being reviewed, but will not accept my screenshot of receipt which clearly shows price of jacket and delivery charge.

 

Now 3 months down the line and thinking I'll be lucky to get 20 quid back.

If the parcel had been returned I would have got a full refund of 112.

 

I'm absolutely gutted.

Hermes should not get off with this and of course I keep wondering where the jacket is

- stolen or lying around somewhere.

 

It was very securely packaged and labeled.

 

Is there anything else I can do?

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Hello and Welcome StellarLass,

 

I've moved this thread to the Postal and deliveries Forum, you should get some help shortly.

 

Regards,

 

Scott.


 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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how did you pay for the jacket?

 

dx


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In addition to the above question, why were you returning the jacket?

 

What you are hearing from Hermes is their standard loss denial spill. In terms of your failure to insure, I don't think you should worry about this – although this is something to be tested in the courts, and I wish somebody would. By requiring an "insurance" Hermes are basically saying that we will take your money to make the delivery, but if we fail to carry out our side of the bargain then we all want you to make an extra payment in order to insure yourself against our breach and to make sure that you get the value of your goods back.

 

This is the delivery equivalent of an extended warranty. Personally I am absolutely sure that it is not enforceable and I have been encouraging people to resist this reasoning for a long time. Generally speaking, when challenged – especially with court papers, Hermes begin by filing a 32 page defence (almost always 32 pages – whatever the complaint) and then eventually putting their hands up and paying out as a gesture of goodwill.

 

I have no idea why you have allowed yourself to be jerked around for three months. I think it's about time that you took control of the situation and that means threatening to issue the court documents – and then going ahead if they don't sort things out within 14 days.

 

Believe me they will pay no attention to your letter of claim but once the court papers are issued then things will start to happen.

 

If they say that they think that you are trying to defraud them (that can be the only basis for refusing to accept your receipt) then tell them to make the point in court – if they dare.


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Thanks for the helpful replies.

I wish I'd seen the bedtime reading before I committed.

I was returning it because it was too big, and although advertised as 'vintage', it wasn't up to the quality I expected (being slightly damaged).

Paid for with credit card.

I have no idea how to go about proceeding with court action but I will threaten them with it anyway. Is this through the small claims court?

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Do a section 75 reclaim to the card providet


..

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Do a section 75 reclaim to the card providet

 

?? Do you mean to claim against Hermes for the delivery cost? or full cost of everything?

The original retailer is not at fault here.

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ok lets resit things here

when did you purchase the item

when did you first notify the seller of your concerns?

was this a P2P sale or through ebay/pay or some other site

ie was it purchased 'online' in some fashion.


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Original purchase thru ASOSmarketplace online - 1 Nov. Jacket arrived 10 Nov.

 

Jacket was bigger than expected but my son still liked it (apart from stale 'vintage' smell and torn collar/waistband).

 

On 11 Nov seller (Adewears) kindly suggested getting it cleaned and repaired at their cost or else return for a full refund inc P&P.

 

Cost of repair/cleaning was too expensive at 40 pounds so I decided on 28 Nov to return.

 

It then took me a few days to arrange P&P back to Ireland and it was finally sent on 5 Dec.

 

Booked Hermes Door-to-Door (the irony) online and took it along to my local ParcelShop for collection.

 

Delivery was quoted as 'no later than 15th'.

 

On 14th Dec it went missing.

Edited by dx100uk
spacing

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so purchased online

you had 14 days under cra to inspect it and reject it for no reason = full refund

you had 30 days to reject it as faulty/not fit for purpose = full refund.

 

the fact that it was lost in transit is NOT your problem its the retailers.

 

go do a section 75 reclaim against the trader as it was not fit for purpose - bank cant refuse you

the fact that's it gone missing is immaterial to the sec 75 and you don't tell them

just state you have returned it.


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Ok thanks, will look into it.

Thanks for your advice. Feel much better informed now.

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So after much more time on this I have found out:

1) can't do section 75 reclaim as jacket cost under 100 pounds

2) can't do chargeback as past time limit

3) consumer credit act not easy as it would either require me to go to court in England as that's where their registered office is, or doesn't apply because of some transport exclusion in rules. The only possible light at the end of this long tunnel is I may be able to use a Scottish office address rather than English. Totally fed up with this.

 

In the meantime Hermes have offered me either a 31 pounds refund or 38 pounds credit for an online account which I'll never need as I'll never use Hermes again.

 

Going to see CAB on Tuesday to see if there;s anything else I can do.

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there is no such time limit on chargeback

 

its a total of 540 days or 120 days when you realised the issue.


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