Hermes 'lost' parcel - **WON**

[Hurtbyhermes]

I paid for a parcel to be collected by Hermes from my home address in England to my parents in Scotland.

 

The parcel was worth approx £150 and full of toys, Xmas presents for my partners children. 

 

Long story short after speaking with Hermes the parcel reached my area depot. It left that areas conveyor belt onto a Hermes HGV lorry heading for their Rugby Depot. It never reached the depot. 

 

Hermes claimed to have carried out extensive investigations but have deemed it lost. The parcel was rather large. 

 

I don't actually recall the level of insurance I took but I was sure it was more than the standard but my invoice does not itemise it. Hermes say I only had the basic cover. 

 

Hermes have offered me only £20 compensation and £10.38 for the postage I paid.

 

I have reported the theft to the police....they were uninterested without cctv.

 

My question is, the fact that Hermes admit that the parcel was last with their driver then seemingly evaporated, can I claim under the consumer rights act regardless of my level of insurance cover?

 

I paid for a door to door service and for a signature. I would never have thought I'd need insurance to guard against theft from the very delivery company I was paying to deliver my item.

 

I have wrote direct to the CEO complaints. They won't budge. I've given them 14 days to refund me or I'll go to small claims. I just don't want to take it all the way if the insurance element is going to screw me over. 

 

Any advice really appreciated. 

[BankFodder]

What value did you declare when you booked the parcel in?

[Hurtbyhermes]

Hi Bank fodder 

 

I don't remember, I think it was about £70. 

 

Problem was I didn't know the true extent until I added up all the receipts to complete their claim form. 

 

Luckily had taken a picture of all the items inside. I submitted them the pictures and receipt evidence. 

[BankFodder]

I think it is very important to come up with a very precise figure of the value and more importantly, if you declare the value then it is essential to know what it was that you declared.

If you declared a lower value you then the true value then I think that you will probably have to settle for the lower value. You will be able to put a claim in or even bring a small action to recover whatever value declared. We are almost on top of Christmas now so frankly I don't think there's going to be anything you can do until after then and maybe even until the new year.

I certainly don't think that you are going to get your parcel back in time. You probably won't get it back at all.

 

You now need to start preparing your ground very carefully to bring a claim.

It is such a small value that eventually they will put their hands up but you need to be sure of your values.

[Hurtbyhermes]

Oh yes I know I won't get it back at all. They have told me they've exhausted all their investigations and it seemed to evaporate on their truck. I've no doubt it was stolen. I've reside myself to the fact its gone.

 

Hindsight is a wonderful thing, in my naivety I honestly did not expect a parcel of the size it was and for a paid door to door service, to go 'missing'. 

 

To be fair they've never argued the value of the parcel, just that I only had basic insurance.

 

To me this is irrelevant as they have not taken reasonable skill or care to carry out their services. 

[Hurtbyhermes]

And just to add, I am now sure of the values having calculated the receipts. 

[BankFodder]

The fact that you only had basic insurance is irrelevant but the value that you declared for it is highly relevant. When two parties enter into a contract it is essential that they both agree on the same thing.

 

You declare a value and then Hermes theoretically makes a decision whether or not to carry your your goods at that value and to accept the risk. If you declare an undervalue you then that is the risk that you have invited them to take and you are bound by the agreement.

 

therefore we need to know what was your declared value

[BankFodder]

Just to be clear, I'm not asking you about the actual value. I'm asking you about your declared value. If you didn't actually declare any value in strangely enough you may be better off and you can try claiming for the actual value. However if you declare the value then you will be limited to that sum when making a claim.

[Hurtbyhermes]

Yeah I understood. They haven't ever actually mentioned the original value quoted so in my correspondence to them I've stuck to the £150.

 

I have asked if they offer ADR as we cannot come to an agreement, which they ignored. 

 

The last email I sent, I made reference to the consumers rights breach and asked for £150 compensation.

 

I have given 14 days and advised if we cannot agree I will have no choice but to file a claim.

 

I'll just persevere. 

 

Thank you for your advice.

 

 

[Hurtbyhermes]

Thank you.

 

I've just managed to check my online account. I stated £100.00 so that's better than what I thought. In future I'll know to properly calculate. To be fair I'll never use a courier service other than royal mail ever again. 

[BankFodder]

Okay. In that case your claim will be for £100.

I hope you won't mind me commenting your in your approach to this so far.

I don't know if you have read many Hermes threads on this forum that you will tend to find that their attitude is not at all customer-facing. They are dismissive and they will treat you with contempt. I expect that this is because the majority of people who find themselves in your situation simply accept what Hermes say and chalk it up to experience.

The fact that you even bother to ask them if they have some ADR system in place shows an element of innocence and of course they ignored you because when people come up with these kinds of suggestions, Hermes know that they are in control and that eventually you will simply exhaust yourself and disappear.

You have even sent them 14 day threat and then you have come here asking for advice about shows very clearly that your threat amounted to nothing because you had no clear idea of what you are going to do once they got your thread – which they are doing. I'll huff and I'll puff and then… errr ....

 

If you're going to do anything about this, you need to be direct and controlling. That means that you write them a letter and tell them that by their own admission they have lost your parcel which was declared at a value of £100 and was accepted by them on that basis. Tell them that you aren't prepared to accept any further delay. If they will not let you have a refund of the value of the item within 14 days then you will see them in the County Court and without any further notice.

Only make the threat if you are prepared to go ahead with it. We are on top of Christmas so you won't be sending the letter today or tomorrow or on Boxing Day. So give yourself three days to look around this site about bringing a small claim in the County Court so that you understand how easy it is – but also any risks of losing your court fees (which in your case will be minimal).

If you decide that you are prepared to take this action then send the letter of claim. On day 15 issue the papers. In the intervening 14 days, register with the money claim website and prepare your particulars of claim and you can save your work so that you can click it off on day 15.

If this goes to trial then your chances of success are better than 95%. The chances of them putting up their hands before the expiry of your 14 day deadline are probably only 50%. Once you issue the papers then the chances that they will put their hands up to avoid a hearing will be 90%. There is a risk that they may push you to a hearing in which case you will have to commit to a hearing fee of about £100. You will get these back when I then they put their hands up all you win at trial.

The chances of them going to the expense of defending this issue on such a small sum are negligible. Apart from anything else, they wouldn't like to find a judgement against them for a lost parcel published on this website or elsewhere.

We will support you all the way. Let us know what you want to do

[Hurtbyhermes]

Thank you bank fodder.

 

I won't be letting this go. I have been very clear in my correspondence what I intend to do and already sent them the letter 2 days ago advising them that the fault is there's and that they are in breach under the consumer rights act

 That the insurance is irrelevant as I believe the parcel has been stolen and I quoted a police crime reference number. I gave them 14 days to give me full compensation or I will be taking it to court. I even told them how depressed this has made me having lost my children's toys at Christmas. Not one shit given by them, so you're right they do not care about their customers.

 

 I have offered ADR as the gov site for small claims suggest it strengthens your case as it shows you really did attempt to resolve with them and they left no choice but to take it to court.

 

On day 15 I'll make the claim.

 

I'll keep you posted. 

 

Thanks very much for helping. 

 

 

 

 

[Hurtbyhermes]

After countless emails from Hermes refusing compensation my final email was to inform them a small claim had been lodged with the courts.

 

I followed this up yesterday with a freedom of information request for the last known details of the parcel to include vehicle and driver details and the action they took with the last known parcel recipient and details of their investigation, places searched etc.

 

My local newspaper are also pursuing them as they will be publishing a story in the coming weeks.

 

Out of the blue I had a phone call from Hermes today. They will be paying £160 in my bank.

 

When asked why the change of heart, they simply said they concluded the investigation and confirm the parcel as missing. Which they knew all along, they really meant they can't deny it's been stolen. 

 

It has taken all this, countless emails, threat of court action and the local newspaper, which it really shouldn't, for them to admit they were wrong.

 

I hope this helps someone if god forbid they have this trouble in the future. 

[BankFodder]

Well done and thank you for updating us.

You've managed to get a better result than I had expected. Bravo.

[Hurtbyhermes]

I know bank fodder, they took it right to the end so I was very shocked by their call today.

 

I'll update you with the newspaper story once it's published if you're interested. Thanks for your advice. 

[BankFodder]

Also, I notice on an earlier post that you said you would only use Royal mail in the future.

Don't imagine that you get better treatment from Royal mail. They have a statutory exemption from certain liabilities in return for providing a Universal Postal Service - which means even delivering to remote places which are uneconomic to them.

I'm afraid that commercial couriers are probably best in terms of asserting your rights - but be careful to declare the correct value