Packlink / Hermes loss of parcel

[FERRYAIR 0]

I had a parcel that I needed shipped from Borehamwood WD6 to Edinburgh EH14 that was 12in x 12in x 12in & weighed just shy of 9kg.

 

It was accepted at a Hermes Drop off point on the 9th Sept 2020 on a 48hr DELIVERY

on the 10th Sept showed as :

On its way....12:59 - Thu 10 Sep...We've got your parcel and we're processing it for you.

 

As of yet ( 1500hrs on 25/09/2020 ) I have still not received my parcel.

This parcel was a wedding gift hamper of 'unknown goodies' so pretty important that I had it before 13th September 2020

 

The value of the parcel was £150.00

I am not best pleased that it was lost by Hermes, as it was a Wedding gift

I then felt obliged to give the Bride & Groom the cash to buy whatever they desired as the parcel was delayed.

If the parcel was to have later turned up I would have still allowed them to keep both gifts,

 

what annoys me is the lack of clarity that Hermes can offer me, I can't understand how a 12in squared box isn't traceable?

( maybe a member of staff has 'hidden it' for later enjoyment ).

 

any assistance in this matter would be good because between Hermes & Packlink I am hitting 'brick walls'

 

Cheers,

Peter

 

 

 

 

 

 

 

[BankFodder 2,153]

If it was a hamper then I suppose it contained food – which is on Hermes list of prohibited items – so no doubt they will use that as their basis for denying you any recompense for the loss – which of course has been caused by their negligence.

Have you got a list of the items? Did you declare the value correctly? Did you happen to choose insurance (not that it's relevant – but it would be helpful to know).

Have you actually begun a claim with Hermes and have they formally declined and given you a reason?

[dx100uk 9,696]

sorry i've had to removed all the screenshot you posted directly to screen as you'd left pers info showing

 

can you please read our upload guide carefully

and put them all in ONE multipage PDF please

 

ta

 

dx

 

[FERRYAIR 0]

It was a Hamper box, it contained many 'unknown items' though I do know there wasn't foodstuffs in the box. What was inside is not known because it was a surprise parcel ( that was the whole purpose of the parcel to be a total surprise to the sender & recipient )

As I didn't expect it to go missing I went with standard posting terms

[BankFodder 2,153]

Okay, so did you make your claim?

 

Also, did you send this parcel or did you purchase it and it was sent by the supplier?

[FERRYAIR 0]

The screenshots aren't really relevant so I will leave them off

 

Hermes advised me that Packlink were my contracted supplier so I should claim through them, Packlink tell me that Hermes were the contractor so I have filled out claims forms for both via Packlink customer (no) care !!!

 

I organised the postage myself via Packlink but parcel was organised by an associate in Hertfordshire.

[BankFodder 2,153]

Okay I was just checking that the parcel hadn't been sent by a retail supplier in which case it might have been easier to get them to take responsibility.

As usual, Hermes and Packlink are playing piggy in the middle and of course, you are Piggy.

You should certainly make a claim against Packlink and against Hermes. However, they will both knock you back, of course. You could then sue Packlink or you could then sue Hermes of course Packlink are in Spain which is why it is a mistake to use Packlink for anything because they are outside the jurisdiction. Assuming that you want to proceed to take legal action then you will have to sue Hermes – who will try to say that you have no contract with them in your contract is with Packlink. What Hermes won't tell you though is that under the Contracts (Rights of Third Parties) Act you enjoy full legal rights against Hermes as if you were a direct contracting partner. Additionally, it is Hermes that have been negligent and so if you bring a legal action then you will allege breach of contract as well as negligence.

For a claim of this value – £150 – Hermes will at the very least force you to begin a small claim in the County Court by issuing the court papers. They are then quite likely to push you to a hearing but opt for mediation en route. At mediation they will try to say that the contract is with Packlink. They will then back down and make you an offer which will be less than you are claiming – but if you stand your ground then they will eventually agree to pay you everything including the cost of your claim.

Of course there is always a risk of losing – but it's extremely unlikely. This is particularly because for this kind of money, Hermes would rather not risk going to court and getting a judgement which makes it clear that you have third party rights and also that it is unfair for them to try and escape liability for these kinds of breach of contract and this kind of negligence.

So the advice is, continue your claim against Packlink. Continue your claim against Hermes. When you get confirmation that they are declining responsibility, send Hermes a 14 day letter of claim and then on day 15 issue the papers.

Read around this forum about other Hermes stories and also the steps involved in beginning a small claim in the County Court.

We will help you all the way.

[FERRYAIR 0]

Both Packlink & Hermes are playing Silly Buggers !!!!!
HERMES:

Response By E-mail (Archita Mhatre) (29/09/2020 08.34 AM)

Dear FERRYAIR WORLDWIDE,

 

We're getting in touch with you about parcel number .....

I'm so sorry you have not received your parcel and for the delay in responding to your query.

We are sorry to inform you that we were unable to locate your parcel in our network. We have investigated this thoroughly to locate the whereabouts of the parcel by contacting the support team, however, were unsuccessful.

I do understand your parcel is important to you and you are the sender of the parcel, but this parcel was booked through a reseller (Packlink) and they are the account holder of the parcel. I request you to contact them as they will liaise with us on behalf of you.

Please accept my apologies for the inconvenience this has caused. 
  
Kind regards,

Archita Mhatre

Customer Service Advisor

Hermes Customer Services
-----------------------------------------------------------------------------------------------------------------------
PACKLINK:

Marcelo (Packlink)

23 Sep 2020, 14:20 CEST

Hello Peter,


I am sorry to hear that, I jus remind you that Packlink does not handle the shippmente and we need to claim according with transport companies procedure.

If you change your mind we are able to manage this situation to Insurance dept.

Regards

Marcelo

Customer Support Specialist
Packlink

----------------------------------------------------------------------------------------------------------------------

Peter Kelsey <[email protected]>

Tue, 29 Sep, 10:04 (1 day ago)

 

to Packlink

 

 

 

 

 

Hello Marcelo,

                    Please see below the email response below from Hermes pertaining to my missing parcel, they seem to be passing the buck onto yourselves as to a claim.

I have returned the claim form to yourselves & am now requiring this resolved in the next few days.
 

I am still at a loss how a 12in square box can just disappear??

Can you please give this your full attention? Alternatively, give me a telephone number in the UK where I can get my legal team to discuss this with a human being instead of a bot !!!

 

Surely the Packlink / Hermes tracking system must know where it was last tracked to?  if need be I will personally go to that depot & get their managers to do a thorough investigation for me.

 

I look forward to hearing from you

 

Sincere Regards


 

[BankFodder 2,153]

I think there is nothing you can do except to threaten them with a small claim in the County Court by sending them a letter of claim giving them 14 days.

They are playing you around – Packlink is in Spain has has already been explained. You may as well cut to the chase and if you are happy to bring a small claim then we will help you.

This means that you send a letter of claim to Hermes and simply tell them that they have breached their contract and they have been negligent and they have lost the parcel and if they do not reimburse you within 14 days the full value of the parcel plus the delivery costs then you will sue them in the County Court and without any further notice. Make sure you include the reference number of the parcel so they know what you're talking about.

Only send this letter if you are prepared to go through your threat. It means that exactly on day 15 you issue the claim. Don't imagine that they will be fazed and suddenly come up with the money. They will test you and they are prepared to spend more than the whole thing is worth forcing you to take action and defending it.

Let's know if you send the letter of claim and then we will help you with the particulars. Once you have sent the letter of claim, register with the County Court MoneyClaim website and start preparing your claim ready to click it off in 14 days.

At some point after the claim is served and they have fired their standard defence, you will be asked if you want to enter mediation. The tenancy now seems to be that you should say yes. Hermes then will agree to mediation and they will do this with a view to reducing your claim so that you are sent away short changed.

There is no reason for you to back down a single penny and you should insist on everything including interest and court costs – but we will deal with that when the time comes