Please will you ask this question on a new thread. That way you will get better responses and people won't be confused. By all means refer to this ongoing thread by means of a link – but please don't add a new story tagged on to an existing thread.
Start a new thread and we'll come and talk to you there. Thanks.
I'm afraid we've had so many Hermes stories that I've lost track. We certainly had quite a few involving Paclink and of course because they are based in Spain it's very useful for eBay and Hermes to build in this kind of buffer so that for most people Hermes are untouchable – and I suppose they rely on people's ignorance.
Certainly quite a number of people have begun legal actions against Hermes regardless of Paclink on the basis of the Rights of Third Parties legislation and I seem to think that Hermes generally speaking put their hands up.
If they want to say that the Third Parties Act doesn't apply to them then they would have to produce a copy of the contract with Paclink – and so far I believe that they are unwilling to do so.
I notice that they don't even spell Paclink correctly Packlink! not that it's particularly important.
It's up to you. Hopefully you have understood by now the process of bringing a small claim. It's not difficult but you need to know the steps in advance to give you confidence. I made you aware of the risk factors – and of course if you win then Bravo. If you lose then I'm afraid it's your loss – we are simply trying to help you stand up against this company which habitually causes problems for its customers when its customers property are lost or broken.
You're going down a familiar path here.
I've already pointed out the risk factors for Hermes – but I think that their biggest risk factors are that if they lose, it will be because the court has recognised the rights of third parties – and also because the courts have recognised that it's ridiculous to ask customers to insure against breaches by the service provider.
If these 2 Points Find Their Way into a judgement then it will make a very serious difference to the entire courier industry – and I can guarantee that there will be press interest – I will make sure of it.
I've just heard back from Hermes after going through their complaints department and writing directly. THey are fobbing me off with 'Paclink's contractual agreement'.
I attach both the response from Hermes.
Have you actually had cases won where the order was placed through Paclink broker rather than Hermes directly?
Thank you for your help.
Hermes response to my email 02.06.2020.pdf