Another myHermes Issue - lost parcel, refused claim = ***WON@LOC***

[MJ1973]

Have read other threads, and just venting really, until I decide whether to take things further.

 

Sold a camcorder (+ bag/accessories) on Gumtree, and received payment via Paypal to send it to the buyer in Wales. Bought postage on myHermes, and selected to have it signed for, and paid the extra to cover it up to its sale price of £50. During the process, I stated the item was a camera (its listed on the tracker info as a camera, but does not say that on the postage label), but at no point did it flag up that there was any issue with my postage. And thinking about it more, if a camera isn't eligible for loss or damage compensation, then why allow people to pay the extra for the increased cover?

 

Dropped the parcel off at the parcelshop on 16/08/2019 and next I heard of it was when the buyer contacted about 5 days later asking if I'd posted it yet. So went on the tracker and it stated the parcel had been collected from the shop, and was at the 'senders local depot'. The MH FAQ's stated that I could raise a query about it until 7 working days had passed. So I rang them lunchtime 28/08/2019, and advised the parcel hadn't arrived at its destination.  Guy on phone tried to rang the local depot as he said it either hadn't left yet, or was lost in transit. He'd get back to me in 24-48hrs with an answer either way.

 

This morning, I received an email telling me that after an 'extensive investigation', the item was deemed to be lost. The email also had a claim form attached. So i fill in the claim form and submit. Within literally minutes, I receive a reply telling me that they won't be giving me compensation as 'camcorders' are on their exclusion list. I have now refunded my buyer through Paypal, as he had already waited 12 days since he paid me.

 

So, I've done a bit of browsing today and found the website Resolver. I have raised a case through them, just to try and get the sale value of the camcorder (£50) and the postage costs back (£5.75). Hermes have acknowledged this case and said I'll hear back (through Resolver) within 5 days.

 

I've been reading some posts on here, and if the above fails, then I'll consider sending them a 'Letter Before Action', and making a small claims against them.

 

Compared to some items i've read on here, £50 may not seem much, but its the principal. If people don't stand up and fight against the likes of Hermes in cases like this, they'll just keep doing it, and not improving their service.

 

Cheers, vent over.

 

 

[BankFodder]

You are absolutely right. You shouldn't take any rubbish from Hermes or any other similar company. On the basis of what you say, you have no problem at all and you are completely on the right. Also on the basis of our previous experience and on the basis of the value of the camera – £50 – it is almost a given conclusion that Hermes will put their hands up.

Hermes don't appear to be a company which can be trusted and for them simply to rely on exclusion lists of items when all they have done is lost the item so that in fact the nature of the item has not affected the risk at all – and as you have already pointed out, to accept the item when it has been properly declared, to charge you something extra to cover the value and then later on to refuse to indemnify you is an outrageous breach of contract and frankly somebody ought to be taking action about it officially – but nobody ever will.

What a shame he went to resolve. We are much more aggressive here. However that's a matter for you.

I suggest that if you don't get satisfaction from Hermes that you come back here, issue a letter of claim and if Hermes are really stupid they will wait until you actually spend the money and issue the claim and then eventually they will put their hands up. It is inconceivable to me that they will force this to go to court. They are stupid – but not quite that stupid

[king12345]

There list of exclusions is so vast to even mention packaging. 

In other words, you can't even send new cardboard boxes with them.

It's done deliberately to avoid paying when things go wrong. 

[MJ1973]

Quick updated on this.

 

Nothing has happened so far through Resolver, other than Hermes customer services replying with a standard cut and paste reply asking me to submit a claim for the lost parcel, despite my initial case posting advising that a claim had already been refused, and why. I have to wait another 15 days before I can 'escalate' it through Resolver, if I decide to.

 

I then found an email address for their CEO, who I emailed, stating my issue. I've had success with other companies in the past by contacting the CEO (Sky for one), so hoped that might be worth pursuing. I have today received a response from his office, again refusing my compensation claim, but asking for more details of the parcel and items inside, so they can carry out additional searches in attempt to locate the parcel. 

I have responded with a photos of the items, and a description of the packaging, but have advised of my intention to pursue this through the small claims courts should they fail to find the parcel and maintain their stance of refusing to compensate me for the value of the item + postage cost (£55.75 total).

 

We'll see what comes back from this, but I have prepared my Letter Before Action, and filled in my MCOL form, ready to send, should they fail to find my item, or maintain their stance.

 

Will update again as/when.

[BankFodder]

I would suggest that you send the letter of claim off immediately and make it clear to Hermes that this is what you have done. In fact send them a copy of it together with the other information that they have asked for – in addition to sending the main letter of claim – the original – in its own envelope.

For 50 quid, they are going to put their hands up. – If they don't then they will lose. Just go ahead and do it. It will be good experience for you and it will give you confidence when you have to sue somebody for something more serious

[MJ1973]

Just another quick update.

Hermes responded asking for photos of the item that went missing (the camcorder), and a description of the packaging, so they could conduct a full search of the local depot and the national hub, as it seemingly went missing after being scanned into the local hub, but they aren't sure if it left there, and got lost afterwards. I sent them the photo (guess they were hoping I wouldn't have one). They say they still can't find it at the local depot, and are waiting to hear from the national hub, and ask me to wait a little longer for them to conduct the searches.

 

I know you said I should have proceeded with the letter before action before now, but I'm prepared to give them this time to conduct the searches, as even if I got the item back, I can draw a line and try to sell it again. However, I'm fully expecting them to say they still can't find it, then it's down whether they maintain their stance of refusing to compensate me for losing it (that they repeatedly admit to).

 

If they do refuse again, I've decided I will proceed with the letter before action, with a copy of the MCOL form, and begin the proceedings to recover the cost.  Quick question, should I post the letter/form to them and email a copy, or is an emailed copy of the signed letter sufficient as a record?

 

Cheers

 

MJ

[BankFodder]

Letter is preferred = recorded

[MJ1973]

Well, after contacting the Hermes CEO office and then giving them time to conduct the necessary searches, I received this email earlier today:

 

Quote

First of all I would like to thank you for the patience shown throughout this matter as I understand this isn't the outcome you were hoping for.

 Unfortunately, after a thorough investigation at the Depot and Hub we're unable to locate your parcel therefore, we would now deem this parcel as missing.

 Due to the contents of the parcel we would be unable to process a claim for this missing item. This is due to the fact that this item is listed in our non-compensated item list.

 I do hope that you can accept my sincerest apologies once again for all inconveniences caused.

 

So, next week I will be sending off the letter before action, as I find this completely unacceptable that they can openly admit that the parcel is deemed as lost whilst within their care, and at one of their depots, yet still refuse to reimburse me the sale value of the item and the wasted postage cost (as they failed to deliver), due to their spurious 'non-compensation' list.

Edited September 21, 2019 by MJ1973

[BankFodder]

Thanks for this update – but no surprises.

This has been going on for almost a month and we suggested that you send off your letter of claim on 4 September. It could all have been done and the court claim started by now and Hermes would be on their way to putting up their hands.

[MJ1973]

7 minutes ago, BankFodder said:

Thanks for this update – but no surprises.

This has been going on for almost a month and we suggested that you send off your letter of claim on 4 September. It could all have been done and the court claim started by now and Hermes would be on their way to putting up their hands.

 

Yeah, rightly or wrongly I was prepared to give them the time to look for the parcel, incase it did turn up at the local depot (its last appearance on their tracker), then at least I'd get it back.

 

But for them to maintain their stance of not compensating me, despite admitting that its lost, after it was scanned into their depot, is very annoying.

 

I have the LBA prepared and will post it off tomorrow by recorded delivery. Should I include a copy of the MCOL form which I have already prepared, and anything else (evidence, record of communications, etc) or just the LBA?

[BankFodder]

Wrongly.

I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so.

You've waited this long, another 24 hours won't make a big difference. You may as well get it right

[MJ1973]

I have attached DRAFT PDF copies of the LBA and MCOL form.

 

I also have PDF prints of the online Hermes tracker showing the contents of the parcel as 'Camera' and the cover value as £50, along with Hermes label which does not state the contents of the package on it (so no added risk from that PoV), and the Paypal receipt of payment from the buyer and the the subsequent refund showing the sale value of the camera as £50.

 

In terms of the MCOL claim, I am only looking for the sale value and the wasted postage (£55.75 total), not too bothered about claiming any interest which may be negligable for the amount.

DRAFT Letter Before Action.pdf DRAFT MCOL form.pdf

[BankFodder]

Thank you. Very nice letter of claim.

I'm wondering whether you are entitled to claim the delivery fee because if you are claiming the £50 – which was the sale price then at the end of the transaction, had it gone smoothly, that is what you would have expected to have in your pocket. I suspect the delivery fee would not be recoverable if it went to court.

However, at this point I would certainly go for it. How much extra did you pay for the insurance cover? I would be more tempted to claim that because it seems to me that you had already paid for the safe delivery of your item by paying the delivery fee and therefore the insurance cover was otiose and frankly very possibly unenforceable.

How much did you pay for the cover? Frankly I think I would go for both the cover and the delivery fee

[MJ1973]

Cheers for the feedback BF.

 

The postage breakdown cost was as follows:

 

Parcel 1-2kg = £4.05 (covered up to £20 in value)

Additional cover up to £50 = 90p

Signature on arrival = 80p

 

Total = £5.75

 

If I'm honest, the item sale value is what I want, so if the postage could be a difficult claim I'll drop it. I was claiming for 'wasted delivery' as I paid them a fee to deliver the item, which they failed to do, as well as paying extra for its value and to receive a signature. Had the delivery gone to plan, then yes, I'd only have the £50 for the camera, but they would have done exactly what I paid them for, so there would be no issue.

 

Cheers

 

MJ

[BankFodder]

I think it's highly likely that Hermes will put up their hands. At the very least you will have to issue the claim but then they will put up their hands. I can't imagine that they will want to see this one go to court for this kind of value.

I would suggest that in the letter of claim you list all the money that you have laid out so that you get 100% reimbursement.

Also in your last line I suggest that you emphasise that you will be seeking the recovery of your money plus interest plus costs. Even though the interest is not very much, you may as well put it down.

I would also suggest that in the claim form, you include everything. Don't forget these people are putting you to this kind of trouble and really they are testing you so you may as well test them back. I will be amazed if they don't blink first.

[MJ1973]

LBA posted off this afternoon, first class signed for post.

 

We wait and see, but based on other threads on here, I expect them to ignore it for the 14 days, and then I'll proceed with a formal claim.

[MJ1973]

Well, it appears we have a result. 

 

Have just received an email from the Hermes CEO office, apologizing for the stress and problems caused and advising that after a full review of the case, they are reimbursing me the full amount of my claim - £55.75 for the parcel value and the postage cost... as a gesture of goodwill.

 

My LBA will have arrived earlier in the week, and I'd guess that has prompted the reply, though I did expect them to ignore it and make me submit the formal claim.

 

Thanks for the advice given on my posts above, which gave me the confidence to pursue them. All I wanted was the value of my parcel that they lost, which I am getting, so I am happy (or will be when it goes into the bank).

 

MJ

 

[BankFodder]

Well done. Thank you for updating us.

You see, they are simply a bunch of bullies.

[MJ1973]

Received my full compensation payment cleared into account today.