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adchesney

Hermes lost wife's clothes!

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Oh my this is sorry tale of wow!

 

In May of this year, we were on holiday in CenterParcs, and on the last day my wife was not well, so I packed up the car and off we went on our merry way home!

 

About a week later, my wife could not find a trouser-suit! She searched for other items, an overcoat, cocktail dress, evening wear, etc. She put two and two together and realised that I (useless husband!) left her clothes in the wardrobe in CenterParcs! BTW, we would not normally take these "dress clothes" to CenterParcs but we attended a 50th Anniversary Party directly before going to CenterParcs.

 

We called CenterParcs and they (a very helpful Karen) had the clothes - excellent (which means we have independent proof of the clothes)! CenterParcs recommended my wife use Hermes, so my wife then booked a collection and delivery service from Hermes Parcelnet Limited and paid £18.09 for the service (including signature and the £300 insurance, even though the cost of replacement clothes is circa £700).

 

Anyhow, Hermes said they attempted to collect the package that CenterParcs had kindly wrapped up for us over 4 times! CenterParcs, said Hermes NEVER attempted these collections. In fact CenterParcs regularly use Hermes, and know the chap that collects. One day after phoning Hermes, they investigated! Subsequently, a Hermes representative visited CenterParcs and collected some packages, but not ours, the CenterParcs administrator knowing our grief and the Hermes collection person, asked him to take our package - this was taken as confirmed by the Hermes tracking system.

 

A few days later, nothing arrived!

 

A few more days and a couple of calls the Hermes, and they said it was in transit and would be delivered.

 

A few more days and another call...they advised the package was now lost but they would investigate!

 

Since then we have raised a claim, but this has been denied as we do not have proof of purchase for the clothing. Who keeps proof of purchase for clothing that's a year or more old? For example, the winter velvet overcoat was a gift from our children some years ago; the cost of this item alone would be over £200.

 

I am so incensed at this and the total lack of care. So I would like to bring a claim against Hermes so as to recover £700 in order to replace my wife's lost clothes.

 

Attached is a letter I plan to use.

 

I would sincerely welcome any "pointers" on how to get this resolved.

 

ANDREW CHESNEY

 

 

LBA Hermes.pdf

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UPDATE, my wife can't recall what she put as the value of her clothes, but did buy the insurance coverage of £300 - will this affect me claiming for more than £300?  

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Although small claims are quite easy to bring, the first rule is to be completely prepared.

If you read the other threads on this forum about Hermes and parcel to go and the others, you will quickly find out what my view of these "insurance" policies which are sold alongside the delivery contract. You are effectively being asked to insure against their breach of contract. It's really quite ridiculous that this has become commonplace and has been part of the accepted culture over a long period of time.

You can also have a look at what has been written about extended warranties because the principle is broadly the same. It is they who should insure against their breaches – not you. You have already paid the price of a safe delivery.

However, I think that there is one important principle of contract which is that each side knows exactly what it is getting into and it knows what risks it is taking in return for the money or the other benefit that they are getting from the agreement.

This means that if you declare the value of the clothes at £700 then Hermes knew what they were taking on and I am pretty confident that you will be able to recover that much. On the other hand, if you declared the value at £200 then I think Hermes will have a very good argument to say that this is the risk they thought they were taking and they should only be liable for that.

Before you begin any action I suggest that you send Hermes an SAR and ask all the data that they hold on you and hopefully that should produce the form that you filled in online together with the value of the items that you were sending. When you get that, come back here.

So here is another lesson – and although it's troublesome, you should always keep a complete record of anything you do online and this means taking screenshots which is very easy to do although it's a nuisance.

Also, you should read our customer services guide and implement the advice there if you are doing anything on the telephone.


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