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Hi,

 

 

Here's what happened.

 

 

I posted a parcel to acustomer, the parcel contained a hand made item and my customer paidme £572. I took out the maximum insurance of £300 with Hermes.

 

 

They lost the parcel attheir Weybridge depot.

 

 

After over a month andhours spent on the phone and writing letters and messages, they havesaid that they will only offer me the £300 plus my postage cost of£17.45 as I had agreed to their terms and conditions which limitstheir liability.

 

 

This somehow doesn'tseem fair, they accepted my parcel and agreed to deliver it to mycustomer, they lost it whilst it was in their care. Surely theyshould accept that they failed to fulfill their contract with me andshould therefore compensate me fully for my loss.

 

 

My question is, if Ieventually land up taking this to the small claims court, am I goingto win or do I cut my losses and accept their miserable offering?

 

 

Any advice will be muchappreciated

 

 

Ron

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Hi and welcome to CAG

 

I'm sure you have already seen other threads about Hermes and/or Parcels2Go

 

I believe they should fully refund. Just because their terms and conditions state that £300 is the maximum does not make this true. It is (in my opinion) an unfair term.

 

I'm sure others would state that you send a Letter Before Action giving them 14 days to respond then if they don't, sue them Do not do this if you are not prepared to go all the way


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The only thing that will make hermes sit up and take notice is a court claim through their door. This happens way too often with this company, and they know many people will just shrug and take the compo.


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Hi,

 

Many thanks.

 

At the moment I'm trying to weigh it all up and decide on what action to take.

 

Am I right to assume that if I took the small claims court course of action their decision would be based on something laid down in law (or case law)?

 

If this is the case then what would favour Hermes and what would favour myself?

 

They have made an offer, should I accept this now with some form of caveat that states that my acceptance of this payment does not jeopardise the full claim I am pursuing?

 

Many thanks

 

Ron

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Doubtful. They keep falling back on their own terms and conditions rather than case law. But before you threaten court, you need to do extensive research, as you shouldnt go ahead with court action unless youre prepared to see it through to the end.

 

From what ive seen and read, they tend to fall to their terms, and if that doesnt work, ask for mediation to try and agree something out of court.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Hi,

 

Thanks.

 

Surely the Small Claims Court will be judging the matter on compliance with current law or case law?

 

If there is conflict between Hermes' terms & conditions and current law then it for the court to make an appropriate judgement?

 

Hermes don't appear to participate in any mediation service and of course if there's a good chance of winning a court case then I would be willing to see it through to the end.

 

They have made an offer, should I accept this now with some form of caveat that states that my acceptance of this payment does not jeopardise the full claim I am pursuing?

 

Many thanks

 

Ron

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They have made an offer, should I accept this now with some form of caveat that states that my acceptance of this payment does not jeopardise the full claim I am pursuing

 

Thats entirely up to you. But the latter depends on the exact wording of their offer. If they have said its in full settlement, then you wont be able to accept it then chase further on.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Did you explain at any time that the cover offered was insufficient before you actually sent it?


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Normally I am very bullish when people have problems with Hermes – but I'm afraid that I don't feel comfortable when the issue concerns the misstating of the value of an item when the delivery is booked.

 

The reason for this is that all of the parties to a contract are entitled to understand what they are agreeing to and the level of risk that they are accepting in return for the price they are charging.

 

You will see other cases on this forum where Hermes have attempted to deny liability because the item that they have agreed to carry turns out to be on their prohibited list but despite this, the loss of the item has nothing to do with the fact that it was prohibited in that it contained glass, or blades, or a liquid – et cetera.

 

In this case however, you told Hermes that it was worth £300 and this is what they thought their level of risk was. If you had disclosed to them the correct value then they might well have said to you that they would refuse to carry it – or else they would have warned you that they were not prepared to accept that level of risk and they would only refund you £300 in the event that the item was lost. You would then have been fully informed and you could have made your decision. By not informing Hermes as to the true value – for whatever reason – you have not given Hermes the opportunity to make the same kind of decision about whether or not they wanted to accept this job.

 

Don't imagine that I'm a fan of Hermes. I'm really not. However, I would not be confident about advising you to begin a legal action on this. I believe that there is a very strong chance that Hermes might win and that you would then be out of pocket by at least the difference between £300 and the full value as well as the court fees and a hearing fee.

 

You have just referred in your last post to the booking form. You say that you did declare the full value there. If that is correct then that changes everything, of course. Could you please post up a copy of the booking form on this thread in PDF format.


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Hi,

 

Thanks.

 

The booking process has a page dedicated to the parcel contents and its value. When I booked my parcel I filled in these details. Hand made Ash bowl. £572. It was very clear, they knew its value before accepting my booking and cash.

 

Many thanks

 

Ron

Capture.pdf

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I have just spent a little time online trying to send a parcel worth £650. Using Hermes when you get to what value it offers a box to input the figure but there is no warning flashed up to say that exceeds their maximum value of £300 - there is a small ? that if clicked tells you:

"What's the value?

Please provide an estimate of the approximate value of your parcel contents. This may effect your cover."

This to me seems to give the impression that for a fee they would accept any value.

 

Going on to the next page you get the chance to include extra cover up to the value of £300:

"Cover (up to £300)

In the event of loss or damage of items we can compensate you up to the value of £300. We will make 3 attempts to deliver and requires a signature."

No where does it state or give warning that a value over £300 is at your own risk.

 

Using the same details with some other companies gives an extension of the value required at an approx price of an extra £30 or thereabouts. I would contend therefore that Hermes site is sadly lacking in the facilities and information they should be giving out.


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Fine. I had not fully understood the story.

 

In that case I suggest that you can decide to bring a legal action with a high level of confidence that you will succeed.

 

If you want to send them a letter of claim giving them 14 days, then begin the legal action and we will help you draft the particulars.

 

if you want to send a letter of claim then you must intend to carry out your threat. Don't bluff.


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Hi,

 

Thanks.

 

So, would you say that terms limiting liability to the amount of the insurance cover are likely to be dismissed or upheld?

 

Many thanks

 

Ron

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Be an awkward one that. However there is no warning or nothing that really draws your attention to it.


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I think that the appropriate argument here is that you put them on notice as to the true value of the item – £572. You paid for an insurance cover which effectively allows them to ensure themselves for £300 of the loss and they took the balance of the loss on their own shoulders.

 

My understanding from what you have said is that is has been posted above, they don't give any warning or refusal to carry anything more than £300. Insurance cover effectively ensures them.

 

Once again, my general position here is that it is absurd that the customer has to pay for an insurance to the supplier in order to make sure that the supplier doesn't breach the contract. This is exactly the equivalent of an extended warranty.


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I wonder why they don't exclude items of more than £xxx so to avoid having to pay out thousands for a £2 delivery.

Imagine a diamond, small and expensive, can be posted for a couple of quid.

Why none of the couriers thought of a max value allowance is beyond me.

Even considering the stupid extra cover.

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