Hermes/packink claims lost parcel incorrect receipt issued **Refunded**

[Alanthecat1]

Hi

 

where to start!

 

I sold a brand new Nintendo switch and sent it with Packlink!

never used a courier before and now realise this was a disaster.

 

item dropped off at parcel shop 17th July receipt handed to me.

By the 31st July Hermes still not receipt parcel.

Chased Hermes to be told they had not got it speak to Packlink.

 

i even went to the parcel shop to see if it was there.

Packlink said it had to be investigated by Hermes.

 

Finally after a week Hermes got back to packlink and told them the receipt does not match the parcel and the receipt was for an item going to jd sports. Firstly I have never brought or sent anything to them.

 

Parcel shop must of issued incorrect receipt!

I paid insurance with packink so went down this avenue.

Finally after over a month of chasing they said my insurance was void as Hermes told them the receipt was incorrect.

 

i have attached a file of many emails!

 

went back to Hermes tried the bot!

Useless finally find some emails and also logged a complaint on resolver.

I have now been told by hermes it is nothing to do with them and go back to packlink.

 

hermes do not actually read the emails and kept on saying they had not got parcel as all the customer service do it put in the tracking ref and don’t acknowledge anything else.

 

finally executive response nothing to do with them.

I have responded again saying that’s all well and good but they have responsibility for issuing incorrect receipt.

 

so at least they have to investigate what went wrong and either pay up or admit this to packink on some hope I can get them to pay out.

 

but the purposefully skirt around questions.

Even if they do this and confirm their fault I will probably go round in circles with packlink.

 

if you read the attached file I am sure you will be appalled by it.

 

thankyou for your time.

[Guest]

Hi, I don't know which email address for Hermes that you used.

I couldn't find any useful email for them, and can't deal with phone calls at any time, customer services weren't much use to me for that reason. 

 

I did find a CEO email for them and did get a response direct from that dept.

In case you don't have that email address it is [email protected] 

I included my mobile number in with my complaint and they did ring me to discuss.

Hope this may help.  

[BankFodder]

What value are you talking about here?

[Alanthecat1]

£300

 

thanks

[BankFodder]

Ok. This is the kind of value that Hermes will settle rather than go to court although you will probably have to issue a claim in the small claims court.

they may decide to go to mediation with you and try to knock you down a bit but from the sound of what you have told us you are definitely in the right and you don't need to give any ground

I suggest that you read around all the other Hermes threads on this forum and monitor this thread for a full reply tomorrow

 

[Alanthecat1]

Thank you I have already spent some time reading up and found it helpful.

 

I shall definitely file a claim. Look forward to a more detailed reply.

[BankFodder]

It's going to be fairly straightforward. You are going to have to send a letter of claim – which won't have any effect but it will satisfy the pre-action protocol and then you will have to issue a small claim in the County Court. After that, they will probably push you to pay the allocation fee so that there is a hearing. They will do this to test your resolve. You should realise that Hermes will spend more money on trying to defeat you than the value of the claim. This is why they are bullies.

You will be offered mediation – although previously I've tried to discourage this, there seems to be a new climate this kind of thing and so you should probably agree to mediation. Hermes will see this as an opportunity to try and knock you down from your claim and to settle without getting a judgement against them. You should be aware that Hermes are very anxious to avoid a judgement on such questions as the validity of their insurance and their liability for lost parcels – and also to expose this false claim that they are not liable and that it is Packlink. I hope you are now familiar with the main principles of the Contracts (Rights of Third Parties) Act 1999 and that you understand that the liability is with Hermes.

You should also understand that when you go into mediation, you have the whip hand because Hermes absolutely do not want to have their position tested in court and to find a judgement against them for a case of such little value. For this reason it will be completely unnecessary to give into them and you should make it clear to the mediator – who will pass this onto Hermes – that you will settle for not a Penny less than the value of your claim and that if Hermes insist, you are happy to go to court where you will obtain a judgement against them which will expose them and you will then make sure that the judgement is widely published over social media.
This is your leverage against them. Of course, we would be happier if it went to court and there was a judgement because then we could start to dismantle this Hermes scam – but your interest will be served simply by getting your money as quickly as possible without the hassle of a court hearing.

Before we go on though, I'm very curious about the parcel shop. You say that you got a parcel shop ticket. Please could you post it up here in PDF format. I think that we are now seeing Hermes going to new depths of claim denial because they are now saying that although you went to a Hermes shop at and obtained a Hermes tracking receipt, and even though you had insurance, they still deny liability and they still say that your argument is with Packlink.
This is really quite amazing and it certainly seems fairly clear to me that by requiring you to go to Hermes parcel shop, they have effectively taken Packlink out of the equation anyway.

Frankly I don't understand why you went along with Packlink and then went on to deal directly with Hermes at one of the parcel shops. I don't quite understand this chain of dealing.

You been advised by somebody else here to contact them by email. By all means do it if you want – but I will be amazed if it comes to anything.

I think that you're much better off sending a letter of claim to Hermes – and also if you want send a copy to the email you've been given above so that the person whose name, I presume, is eoin.kennell will understand that you have just set out your stall and that there is a deadline in place and they understand the consequences of ignoring you.

Only send the letter of claim if you are prepared to go through with your threats. Given 14 days and then on day 15 click off the claim. In the intervening period make sure that you understand the steps in taking a County Court claim. Register with the MoneyClaim online website and start drafting your claim. You can save your work as you go. Post a draft of the particulars of claim you're going to use here so that we can check it. You don't need to say very much. It does need to be in any formal language. Keep it very short. Keep it  basic. Give them a few details as possible – simply lay out the very basic facts of your claim.
Post it here and we will see.

Hermes is turning into a disreputable company which uses disreputable means to deprive their legitimate customers of legitimate compensation for their parcels which have been lost as a result of Hermes huge inefficiency.
It's a real shame that there aren't some regulatory authorities to take them in hand. They deserve a substantial fine

[Alanthecat1]

Hi

 

thankyou very much. I have attached the receipt.

 

Hermes are now saying the receipt issued is for a parcel in May for a shop return. From a home collection!

 

Dear elizabeth ebrey,   Regarding parcel number: 8667889760070615   Thank you for your most recent e-mail.   As you have booked the parcel through Packlink, you would need to discuss this matter further with Packlink.   If you had booked the label with us directly then we would be able to assist you further but as this is not the case we are unable to assist you further.   The receipt that you have provided us with is linked to a parcel that was on a home collection back in May.   As there is no proof that the parcel has entered our network there is no further investigation that we can conduct.   We would advise to proceed this matter further with Packlink as your contract is with them and not Hermes.   Please note that this is our final correspondence on this matter and we will now close your case.   If you would like to contact in the future regarding any other enquires we would advise to please use our online chat on the link below. https://www.myhermes.co.uk/help-and-support/contact-us2   We hope you have a lovely week ahead of you.

I am astounded as the receipt is dated the 17th July. So god only knows what is going on.

 

I have drafted the following:

 

I am claiming compensatory damages of £259.99 for the brand new  switch lite grey and this also included a brand new sealed  Minecraft games £29.00 plus postage/insurance cost of £9.36 Total £299.34

 

If I do not receive a satisfactory response to this letter, by email, within 14 days, I will bring court proceedings without further notice. I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the Practice Direction.

 

I would also request disclosure of the contract between Packlink and yourselves.

 

( I pretty much copied this from any post on the forum)

 

Do I need to add details regarding the receipt etc. As they have already have this? Final response so far it go back to packlink! They do not seem to want to investigate the receipt issue.

 

Do I need to add the rights of third parties?

 

thankyou 

[Alanthecat1]

[BankFodder]

I'm sorry but the photographs you've just posted above are rather a mess.

Please could you photograph or scan the receipt properly and presented in a way that you would like to have it presented to you.

I don't know whether we are looking at one document or two documents. I don't know what a keyboard has got to do with it.

[BankFodder]

 

 

Quote

Dear Sir/Mdm

 

Letter of claim

 

On XXX date I deposited a parcel at one of your parcel shops in XX X Place – reference number XXX and for which I have a receipt of that date.
It was intended that the parcel would be delivered by you to an address in XX X Place

The parcel contained a Nintendo switch and related items the total value of £XXX. I paid XXX pounds for the delivery and XXX pounds for your insurance.

I now understand that you have lost the parcel and I have received a message from you saying that you declined any liability.

Unless I receive reimbursement of the above sums in full within 14 days I. A claim in the County Court to recover money plus interest plus costs and without any further notice.

Yours faithfully

 

 

[Alanthecat1]

Thanks will repost picks. Sorry the keyboard is irrelevant took pick whilst working sorry.

[BankFodder]

Well it will be helpful if we could have documents properly presented please. This is all a serious matter not a piece of social media

[Alanthecat1]

This is one receipt from and back. I hope the pictures are ok now as not sure how else I can improve them.

[BankFodder]

The pictures are fine. Thank you. So they are a single document. I was just a bit worried in case Hermes in their desperation tried to say that you were relying on to documents from different events.

I suppose they could still say that the date was in your handwriting – but I can't imagine a judge would really go along with that.

I wonder if this refers to the episode where they had this massive database breakdown and something like 30,000 label were misfiled or something.

Have you any idea when that was?

[BankFodder]

In fact I've just checked – and it seems to have been at the end of May. So that is unlikely to be an explanation for the mixup that has caused your problem.

Anyway, with this evidence and with their denial which is to be based on their assertion that the reference number refers to a completely different date, they don't have a hope in hell.

I think I've already said that you should stand your ground on mediation. There is absolutely no reason to give way here and Hermes would be exceptionally stupid to push it to a hearing. If they did, then you would undoubtedly win.

[BankFodder]

Suggested particulars of claim:
see if this is correct and it addresses all the issues and you are happy to sign it off as a statement of truth.

 

Quote

The claimant used the defendants parcel service to send a Nintendo switch and related items value £XXX to an address in XXplace. Defendants reference number XXX dated XXX. The defendants breached the contract and lost the parcel through their negligence. The claimant seeks damages of £XXX (value of parcel) plus delivery fee £XXX plus defendants insurance £XXX – total £XXX plus interest pursuant to section 69 County Courts act 1984 plus costs

 

[Alanthecat1]

I kind of like the idea of it going to court so it could set a precedent! 

[BankFodder]

Well precedents aren't set at County Court level – but it would still be a useful piece of persuasion for further cases – and dissuasion for Hermes.

However it won't come to that – and they will settle

 

[BankFodder]

By the way, I'm curious. Would the parcel shop have known what was in the parcel? Was it clear from the wrapping or did you have to tell them what it was before they gave you the receipt?

[Alanthecat1]

Well they rang me and I got a full refund plus the packlink charge.

 

Strangely  the receipt I have was for a home collection from a house on my road in May!

 

They have no idea what happened. But did say it may also be worth contacting JDSports!

Thank you for all your help.

[BankFodder]

Well done. Obviously the correct result.

I know that Hermes look at the threads on this forum. I wonder if by any chance they looked at your thread and then looked more carefully at the tracking receipt which you posted and then decided to act sensibly