Hermes lost parcel

[reg66]

Hi everyone. Hermes have lost my parcel - a laptop. It had tracking, required a signature and was insured for the maximum of £300, even though it was worth more - I guess I thought naively it wouldn't get 'lost'. I have proof of purchase from eBay/PayPal and showing that I chose to return the item.

 

At the time of booking the website showed no mention of laptops being non-compensation items, although the website does indeed specify them now as non-compensation items (I have screen shots of both the old and new site showing dates). In 2016 I sent an email (which I have on my account) specifically asking if laptops were insurable, which they were. Everything has since changed but was only reflected on the new website and carry guide that went live on the 6th June 2019. I booked my laptop to be sent - paying £17.49 for postage, insurance and signature - on Fri 24th May 2019 and it was dropped off at a local shop later that day. At 19.32 same day, the laptop tracked to my local depot where it got 'lost'.

 

Hermes have denied me any kind of refund or compensation - not even the postage costs, excluding insurance! They are saying the saying that the laptop was a non-compensation item even then, they have also tried telling me that it is a prohibited item. Funnily enough, they have since removed all conversations regarding this matter from my Hermes account as though nothing but the booking and sending took place!! It is beyond a joke. However, I do have screenshots of all my conversations. There's been plenty to-ing and fro-ing over emails/online chats and one phone call to tell me my insurance claim is invalid. Although, I have had to wait - sometimes up to 10 days before receiving a response.

 

Now, I'd like to know what exactly I need to put in the 'letter before action'? I know I need to give them 14days to act, but I also need to know what I can claim for - is it just the £300 insurance, or can I claim my postage and insurance costs too?

I'd also like to know, as a sufferer of anxiety and mental health issues (recurring hypomania condition, which is basically similar to bi-polar), this issue is causing me considerable stress and anxiety. Can I detail in the 14 days notice letter before action that I'll be seeking additional compensation of, say, £50? Or should I not do this yet?

 

So, to summarize.

1. Where can I find out what information the letter before action should contain?

2. How much can I claim for, just the insurance value or the postage and insurance costs as well?

3. Can I seek compensation and if so, should I detail that in my letter before action?

 

Thanks very much in advance

[BankFodder]

Please will you post a copy of the website link which you have been using.  The one which excludes or includes laptops.

Did you declare it as a laptop?

[reg66]

old site

new site

 

Yes, it was declared as a laptop. They have sent emails stating that laptops were never prohibited and in my 2016 email it states that as long as the battery is not damaged, which it wasn't as it was a brand new factory sealed unit, it may be transported within the UK.

 

They have tried telling me that it was prohibited because of the glass screen, but then another email confirms they have never been prohibited

 

Hermes have since removed from my account all conversations I had regarding this matter, but I have screenshots and emails stored.

 

Is there anything else you need to know?

 

Thanks so much for the quick response

[BankFodder]

Okay, have you taken screenshots of the new site and the old site? Does the evidence that you have show that at the time that you made the booking, laptops were included and it is only since then that they have excluded them?

First of all what you have here is Hermes up to its old tricks.

It's unfortunate that you declared the value at £300 because in my view this would compromise your claim for the full amount. On the other hand, if you have got good evidence that would convince a court that they have been untruthful in their attempt to frustrate you, then I would say that it might be worth claiming for the full value and seeing whether they might be too embarrassed to take it all the way.

What is the full value of the laptop?

You say that you were returning the item. Does this mean that you were using a cooling off period? In which case you would have been entitled to recover your postal costs from the seller – and in that case I think it is quite reasonable for you to recover your postage costs and the insurance costs from Hermes.

However if the circumstances are different then you wouldn't normally be able to claim your postage costs or your insurance costs.

[reg66]

No no, I insured the laptop for the maximum amount of £300 payable by Hermes. I declared the laptops actual value of £410 at the time of booking.

 

The item was bought from eBay and was within allocated returns timeframe. But, as I had simply changed my mind, I am liable for the return postage costs. The eBay-provided return label didn't have insurance, so I booked the transport direct via Hermes with insurance to the maximum allowed amount. To honest, I'm not fussed about the carriage costs, it's the insured amount/laptop value I would like back.

 

34 minutes ago, BankFodder said:

Okay, have you taken screenshots of the new site and the old site? Does the evidence that you have show that at the time that you made the booking, laptops were included and it is only since then that they have excluded them?
 

 

The old website does not specify that laptops are non-compensation items, but on the other hand, it does not specify they are allowed!! There is only a list of prohibited and non-compensation items, no list of allowed items.

 

Yes, I have screenshots of as much as possible!

[BankFodder]

Well it would be very helpful if you have got a screenshot of the website in existence at the time you made the booking which does not list laptops as being prohibited items.

In any event, you declared it as a laptop. You also declared its full value of £410 and if I were you I would sue for that.

The fact that the laptop was lost is their problem. Even though you paid insurance for a reduced value, my view has always been that it is ridiculous to enter into a contract with somebody on the basis that they will carry out a certain service and then you have to pay extra in case they breach their contractual duty. This is the equivalent of an extended warranty.

I've said elsewhere on this forum that I don't know where this culture has come about in the courier/delivery industry. It's nonsense.

Sue them for the £410. Include 8% interest. Give up the delivery cost and the insurance. – Although frankly I would be claiming for the insurance as well but that may complicate things here because you like a quick fix.

Send the letter of claim. Make it clear what you want. Given their 14 days and then in 15 days issue the claim. They will ignore you until you issue the claim and then it is possible that they will put their hands up or else they may push you to pay the hearing fee but I can expect that once they are completely convinced that you will go to a hearing then they will pay you out. However, of course be prepared to go to the hearing and argue your case. If you feel at all nervous about this then have a look at our court familiarisation guide and think about making a visit.

It's unlikely Hermes will want to defend this because I think that they would not like to find a court holding against them on this point because this is a principle which they tend to throw in people's faces to frustrate legitimate claims. If it came to court and the judge found against them they would find themselves in a very difficult situation. So for that reason they are unlikely to want to defend – also they would find it uneconomical to have to instruct a lawyer and then travel to the court for such a small claim. For these reasons they will probably put their hands up at some point – but be prepared in case they don't.

Keep us updated please

[reg66]

The screenshots I have are from the 5th June, after I made the booking but before they updated their site. There is no mention of laptops being prohibited or non-compensation.

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1. What's the extra 8% for?

2. Can I seek compensation for stress/anxiety caused?

3. I'm not sure what I should put in the letter before action. Do I just detail the basics of my case and the costs I am seeking? Is it as simple as that!?

 

Many thanks for your time thus far

[BankFodder]

8 percent is the statutory rate of interest which is applied from the date of your loss.

No – compensation for stress or anxiety is very difficult to obtain and I don't think you'll be able to get in your circumstances. At the very least you need a medical report showing that it had cause you some actual damage.

Your letter of claim should simply outline that they contracted to carry and deliver a parcel containing a laptop computer value £410 and they have breach the contract. You understand that they are refusing to pay the value of the item which they have lost and so you are proposing to take them to County Court and to sue them for the value of the laptop, plus interest plus your court costs if they do not pay you within 14 days.

Send them evidence of the value of the laptop.

While you are waiting for day 15, start reading on this site about bringing county court claim – it's very easy – and also register with the money claim website and start preparing your claim.

On day 15 – issue the papers. Don't bluff and don't be delayed by anything they say.

 

[reg66]

OK, many thanks indeed. I'll keep you updated with the progress

[reg66]

Hi again, I have issued the 14 days letter before action. This afternoon, Hermes wrote back saying;

 

I am contacting you regarding parcel number XXX,

 

I am sorry for the delay in responding to your query.     

We have tried to locate the whereabouts of the parcel by contacting the depot team and we received a response that the parcel is not located at the depot. We normally provide a much better service than this.

 

I agree that this is not a good one for us. I will note down your feedback and I assure you that we will definitely try to improve our services as we do not want to disappoint loyal customers like you.

 

We will not be able to compensate for  prohibited item Laptop. Due to the length of time parcel cannot be located.

 

I apologise on behalf of Hermes for the inconvenience this has caused. We will make sure this is not repeated in future.

Regards,
 

Customer Service Advisor
Hermes Customer Services

 

Now bearing in mind they kept me waiting up to 10 days at a time between responses with a number of emails, this is a joke. I wrote back briefly;

Then I am left no choice but to submit a case for the county court to decide. The reason so much time has passed is due to Hermes wasting time, coming up with excuses or just plain not answering me for up to 10 days at a time. I have screen shots of everything showing conversations etc, including myHermes website NOT showing laptops as non-compensation items on the old carry guide. Said guide has now been updated and does indeed show laptops.

 

Should my amicable resolution of the laptop costs plus 8% interest not be met (totalling £442.80), then I will see you in court. I will be issuing my papers on 22nd of this month.

Good day

 

Looks like they're not backing down. Oh well, if it goes to court then so be it! Could do without the stress but I'm not having it, such BS from them over many of emails and online chats.

 

 

[BankFodder]

They are very stupid. Even the letter they have sent you chose that they really don't appreciate the aspects of their situation.

Issue the claim when you are ready. Don't hang around though

[reg66]

Will do. And thanks. Just to confirm, though, I sent the 14 days notice in email form, is that ok? Or must it be in writing via post?

[BankFodder]

Writing is better.

[reg66]

Oh bother. Is email form not acceptable at all? They have replied, so it's acknowledged...

[dx100uk]

send one anyway.

 

with free proof of posting from any po counter.

 

 

 

[reg66]

OK, thanks. Should I start the 14 days again, from the date of posting? Or just go by the emailed one which was received today?

[dx100uk]

they've replied already

 

dx

 

[reg66]

10 minutes ago, dx100uk said:

they've replied already

 

dx

 

Yes, they've replied. So should I give them 14 days from today (when the email was received by them and replied to), or should I send them a letter and start the 14 days from then?

 

Cheers

[BankFodder]

If they have replied then don't bother to write. The email is fine

[reg66]

21 minutes ago, BankFodder said:

If they have replied then don't bother to write. The email is fine

Ah grand, many thanks

[reg66]

21 hours ago, BankFodder said:

If they have replied then don't bother to write. The email is fine

Whilst submitting my claim with moneyclaim online, will I need myHermes' customer relations or head office address? Or is just the company name enough?

[BankFodder]

Head Office

[reg66]

On 09/07/2019 at 21:28, BankFodder said:

Head Office

So I've sent several emails requesting Head Office address, but they don't respond. Today, however, they have left me an answerphone message stating they are now willing to compensate me for the laptop! They haven't said how much, though. They sent an email with a claim form to fill out - the same one which was refused in the first place!! So, do I fill out this form and see how much they are offering? I suspect they will only offer the maximum insurance value of £300.

 

I'm not sure what to do now, should I fill out the form and see what they offer or should I ignore the claim form and persist in County Court? My concern is, if I entered knowingly into a contract that only insured the laptop to a maximum of £300, should I settle for this amount or still go for the full amount of £410 plus 8% interest, plus court costs?

 

Thanks

 

Reg

[BankFodder]

Simply find the registered address of the company. You can find this on the companies house website – or it should be on their website at the bottom of at least one of their pages. There will probably be a company registration number at the same time.  I had no idea that you are writing to them to ask them for their address. Their address will be plastered all over the Internet and also companies house.

In response to this email, I would simply send them a copy of your letter of claim and tell them that the clock is ticking and that for the avoidance of doubt you want £X X X and you will be issuing proceedings on such and such a date.  Point out to them that they have already refused to provide you with this claim form in the first place and you are now no longer prepared to negotiate your position.

Tell them that if they want to avoid the expenses of defending the claim and travelling down to your local court when the hearing is listed and also if they want to avoid the claim fees and also the hearing fee then they had better that you have a written commitment to pay or you will issue proceedings as promised. Point out them that as they have been completely uncooperative so far you are not prepared to get into any further discussions with them about it. Only full settlement of your claim will be acceptable – nothing else.

 

[reg66]

Okey dokey! Many thanks for your help and prompt responses with this