Hermes lost parcel

[reg66]

Update. Hermes wrote to me this morning saying;

 

This incident has been escalated to myself for further review.

I have looked into your claim for you and can see you have completed the claims form and provided all the relevant details required for me to be able to process your claim,

I would like to begin by advising when you placed the order you were opted to increase the compensation to the maximum we offer at £300. As such when you agreed to send the laptop which exceeded this value you did so at your own risk.

Hermes is not a specialised carrier service which is why we do not advise sending parcels which exceed £300.00 as in the event of any loss or damage you would accept only a maximum of £300.00.

These are the terms and conditions agreed to upon delivery of this parcel.

Therefore I am able to accept your claim today for £300 plus your postage costs of £17.49,

Should you wish to accept this claim, please provide your sort code, account number and the name associated with this account.

Kind regards

 

Now, I am unsure what to do. Because it's fair comment that I did knowingly enter a contract where the maximum compensation was/is £300 regardless of the items value (£410 if you recall). So my question is this: Should I still go for full compensation through the courts (£410+interest+court costs)? I'm concerned the court will simpy agree with Hermes that the maximum value I can claim is, indeed, £300 as I was aware of this when I entered the contract. In which case, would I be liable for the court costs but still get the £300 paid back?

On the other hand I am a little peeved that they allow expensive items to be sent but only offer capped compensation - especially when the item was simply lost (in the politest terms). If an accident had happened, I may have been a little more understanding...

 

Thanks in advance

[reg66]

@BankFodder please see my post above! Basically, do you think I have a case to go for full compensation for the lost laptop?

 

Thanks

[BankFodder]

Well you can certainly see that they have moved their position to something far more reasonable.

It's quite clear that they made it clear that the maximum compensation was £300 – but on the other hand it is equally clear that they agreed to carry your item knowing that it was a higher value.

Have you issued the claim? I've lost track

[reg66]

7 minutes ago, BankFodder said:

Well you can certainly see that they have moved their position to something far more reasonable.

It's quite clear that they made it clear that the maximum compensation was £300 – but on the other hand it is equally clear that they agreed to carry your item knowing that it was a higher value.

Have you issue the claim? I've lost track

I first submitted a claim that got refused, they have since dug out that claim again and this is what they are offering. I did not complete the second claim they sent...

Do you think I should I should settle for this amount, or keep going for the full amount of £442.80 (laptop plus interest). Surely they know it's going to cost them near on the extra just to travel to my local County Court... I'm wondering whether to keep going?

 

Cheers very much, BTW

[BankFodder]

I meant have you issue the court claim?

[reg66]

Just now, BankFodder said:

I meant have you issue the court claim?

Oh, sorry, no. That is due to happen on 22nd of this month (next Monday)

[BankFodder]

Well in that case I would be tempted to provide them with the details they are asking for so that they can pay the money that they have offered – and then I would consider suing them for the balance.

If they don't actually get you to sign some kind of full and final agreement then it seems to me that you would be entitled to bring an action for the rest.

If you sued them for the balance, it would be a much smaller sum and so they might be tempted to cut their losses and pay you out. On the other hand they might be so incensed at what they would consider would be a betrayal of their offer to you that they might decide to make an exception and to go to court to see if they could beat you. In that case you would be risking the claim fee of about 35 quid plus the hearing fee of about 150 or so. It would be very sporty – quite exciting that you would have to factor these possibilities in.

It's very clear that you were completely straight dealing and you told them the value of the item. You're absolutely right that the fact that they have lost it has nothing to do with the value – and once again, I feel very strongly that they should not be in a position where they undertake to deliver certain goods in return for a certain amount of money and then you have to pay extra in order to make sure that they don't breach the contract. This is ridiculous. I think a judge would be quite open to that point – but on the other hand if the judge agreed with them that you had betrayed the terms of their offer to you, the judge might not be so pleased.

I think you should certainly accept the money on the table and then decide what to do about the rest

[reg66]

Ah, ok then! I'll settle for the offer. Don't think I'll pursue the extra as it sounds a little iffy as to whether I'll win. The thought of having to compile the case and stand up in court is a bit scary for me.

 

Thanks so much for all your help along the way, you have been most grand in all aspects, especially with the prompt replies. Cheers