Yet ANOTHER Hermes issue from an eBay purchase

[Anonymort]

Hi all,

 

Fairly confident on how I want to proceed with this, and it's (sadly) not my first time at small claims, but seems Hermes leave us little option. The amount I am claiming for is less than the court fee, but frankly I am sick to death of delivery companies palming off consumers and fully intend to chase it even if I lose the court fee down the line.

 

I purchased a pair of shoes off eBay in late November, but they hadn't arrived by end of first week of December. I contacted the seller on eBay who provided tracking information, which showed it was Hermes who "delivered through my letterbox". We've all heard that one before. No one came by and knocked, and nothing was left outside the house. I'm sure we're all in agreement that a shoebox cannot fit through a UK letterbox, so something is amiss. They provide a photograph "proof of delivery" but in this case it's a blurry photo of the floor outside my house, no parcel in sight.

 

I opened a case (they seemingly didn't believe me) after the seller refused to resend (I understand as ultimately from their end tracking says delivered) which naturally eBay rejected because it was "proven" to be delivered. To anyone with less than an eighth of a brain, that may be the case, but to the rest of us it clearly isn't possible. I called eBay and they have extended the case as the guy on the phone agreed it was not possible, but they are saying I need to get Hermes to investigate before they can refund.

 

I am a little confused at this point as to whether my court action should be against the seller (since they have the contract initially with Hermes, even though it isn't their fault for non-delivery) or against Hermes since they marked it as delivered and therefore completed their contract with the seller. To me, it makes sense that I take action against Hermes for failing to meet their obligations on delivery to me.

 

The next question, then, is who I send the letter before action to? I don't have a named contact at Hermes. Should I just find the name of someone senior and use that, or just address it to the company?

 

I know it seems daft to pay potentially £25 (+£100 if it goes to court) but I truly am fed up with Hermes. As I'm sure many of us are.

 

Thanks!

Edited December 20, 2019 by Anonymort

[BankFodder]

If the seller is a commercial trader then they have a responsibility to get the item to you. If the item hasn't arrived then you could take action against them and your chances of success are better than 95% although enforcement could be a little sticky. On the other hand, it is quite likely they would put their hands up. Apart from anything else, if they wanted to push it to a hearing then they would have to travel to your local court because presumably you would be suing as an individual – a litigant in person. This kind of expense and time commitment is enough to put anybody off – especially in respect of a very small value claim.

Hermes is equally responsible and under the Contracts (Rights of Third Parties) Act you are entitled to the same rights as the contracting party – including the same rights of action.

It's much more fun beginning a claim against Hermes because first of all they have a lot more money and secondly because they are serial offenders and they deserve it. They are a much bigger target.

I would suggest that you begin the claim against Hermes and if they start bleating on about the fact that you are not the contracting partner then refer them to the Act I have mentioned above and send them a letter of claim giving them 14 days. For this kind of value they will put their hands up. Mind you they can be very stupid and they may push you to beginning a claim in which case when they do put their hands up, they will pay your claim fee as well. In the most unlikely event that it goes to a hearing, you will have to fork out a hearing fee – but your chances of success once again are better than 95% because your case will be founded on precisely the same facts. Hermes will be landed with the same problem of providing representation at your local court and when you win they will have to pay your money plus interest plus court fees.

So there you are. You are spoilt for choice. You decide and let us know. We will help you all the way.

[Anonymort]

18 minutes ago, BankFodder said:

If the seller is a commercial trader then they have a responsibility to get the item to you. If the item hasn't arrived then you could take action against them and your chances of success are better than 95% although enforcement could be a little sticky. On the other hand, it is quite likely they would put their hands up. Apart from anything else, if they wanted to push it to a hearing then they would have to travel to your local court because presumably you would be suing as an individual – a litigant in person. This kind of expense and time commitment is enough to put anybody off – especially in respect of a very small value claim.

Hermes is equally responsible and under the Contracts (Rights of Third Parties) Act you are entitled to the same rights as the contracting party – including the same rights of action.

It's much more fun beginning a claim against Hermes because first of all they have a lot more money and secondly because they are serial offenders and they deserve it. They are a much bigger target.

I would suggest that you begin the claim against Hermes and if they start bleating on about the fact that you are not the contracting partner then refer them to the Act I have mentioned above and send them a letter of claim giving them 14 days. For this kind of value they will put their hands up. Mind you they can be very stupid and they may push you to beginning a claim in which case when they do put their hands up, they will pay your claim fee as well. In the most unlikely event that it goes to a hearing, you will have to fork out a hearing fee – but your chances of success once again are better than 95% because your case will be founded on precisely the same facts. Hermes will be landed with the same problem of providing representation at your local court and when you win they will have to pay your money plus interest plus court fees.

So there you are. You are spoilt for choice. You decide and let us know. We will help you all the way.

 

Thanks BankFodder - have followed some of your other threads with interest!

 

I have little interest in taking the seller to court, despite being a hindrance. Ultimately they did ship the item so fair play. My persistent frustration is and always will be with Hermes so I want to pursue them if they are, as you say, equally liable.

 

I have already persisted with their virtually non-existent customer service for too long, so I will advance to sending the letter as you suggest. I am happy to pay the court fee, and to be frank may also consider a hearing fee if needed. I consider this fairly cut-and-dry as a case given they have no proof of actual delivery!

 

I'll probably post the letter when I get back home on Monday 23rd so will get back to you all on the 6th January if they haven't paid within 14 days - or earlier if they cave!

 

One last question: just address it to Hermes the company?

 

Thanks!

Edited December 20, 2019 by Anonymort

[BankFodder]

Yes, you can address it to the Hermes cat if you want as long as it gets through the door.

[Anonymort]

2 minutes ago, BankFodder said:

Yes, you can address it to the Hermes cat if you want as long as it gets through the door.

 

Now there's an idea....

 

Thanks!