EVRi damaged guitar i live in Scotland but claim raised in England *** Settled at mediation***

[Rubixcube]

This was my first (and last!) experience using Hermes to deliver a parcel. I learnt the hard way... 

 

I posted a valuable item (my precious & perfect guitar) with Hermes that was delivered damaged. I paid for insurance and after an absolute nightmare getting in touch with them, then waiting 28 days, they said it is not covered.

 

However the recipient stated there is signs of rough handling to the package, therefore Hermes are still at fault. When I responded with this to them they replied:

 

..."I assure you that any damage is not a lack of care from our couriers; they take great care of all our parcels in transit. Any damage done to parcels within our delivery process will have occurred whilst being sorted by the automated, heavy machinery within one of our large depots."

 

Surely this does not absolve them of liability?!

 

I sold my guitar on ebay for £265 and have had to refund this plus the £20 postage I paid in good faith that my guitar would reach the buyer intact.

 

I now am out of pocket and with my once pristine guitar damaged.

 

I am heartbroken about it, plus the stress it's caused, was only even selling due to being a new mum and not currently working, I could cry (well I have several times). Anyway was just looking for any advice re: attempting to take further cheers.

[Rubixcube]

Thank you very much for your reply! 

 

I definitely put the value when I purchased the insurance. I unfortunately can't remember if I stated what the item was but it would make sense that it would also request this information. (I used the oh-so-convenient ..tsk.. little machine in the shop that you just enter all the details into and it prints it out for you). I will research as to whether that was something I indeed needed to enter; if I did I certainly would have put guitar. 

 

I have photos of the guitar before posting but no pictures of it wrapped up unfortunately, as it didn't occur to me I'd need to do that (with being new to selling online and it being the first time I'd posted anything of value... Sigh!!) 

 

I do have the buyer's message stating there were signs of rough handling to the package however. 

 

The damage is to one of the dials (completely smashed) and a crack down the neck. 

 

I'm new to this site and I've been trying to use the search function to find other hermes related posts but it only brings up results for lost claims not damaged (when I try to move forward through the results it doesn't seem to let me but I'll keep trying!) 

Edited October 22, 2020 by Rubixcube

[Rubixcube]

@BankFodderthank you again for your reply, I really appreciate it.

 

I will go through the machine procedure again today. I'm so relieved to hear you think I've got a good case against them. 

 

I have been sent my guitar back from the buyer and he has been refunded in full. 

 

I have photographs of the guitar dated day of listing on eBay and then the photos the buyer sent me of it damaged. 

 

Oh yes, huge lessons and I won't be putting anything of such value in the post again! 

[Rubixcube]

@BankFodderthank you, I am going to persevere as I feel so strongly about this. Out of interest, I am in Scotland, do you know if this will make any difference in regards to proceedings? 

[Rubixcube]

Thanks both. 

 

Ok I now have photos of all of the questions the machine asks, which I will attach (I'll try this again when I'm home as I'm out just now and they're not loading). 

 

It does indeed ask the contents, of which I entered guitar.

 

And the value, for which I entered the price the buyer paid, £263.00.

 

I paid for cost of postage plus insurance plus signature. 

 

Edited October 24, 2020 by Rubixcube

[Rubixcube]

Ok thanks I'll do both these things. 

 

Yep there's an opportunity to access the lists of prohibited and non compensated items. 

 

I hadn't noticed this at the time of purchase as its so small and in the corner.

[Rubixcube]

Unfortunately the buyer has not responded to my request to provide a statement. 

 

Attaching file of images, hopefully this works (can't attach the pdf file for some reason) but will keep trying if this doesn't work. 

 

pix.pdf

[Rubixcube]

Thanks @BankFodder

 

You are correct with all points in your summary. 

 

I have contacted the buyer again to request this again. 

 

And yes electric guitar. 

 

Cheers 

[Rubixcube]

Morning, still no response from buyer so I am going to proceed with the first step to raise a Letter Before Action. 

 

Once I have put this together I will attach it here. 

 

Thanks 

[Rubixcube]

Sorry for the delay, I'm a new mum and finding time for this is virtually impossible! 

 

I will attach my first draft for the Letter Before Action below (I am unsure whether I ought to include more detail or keep it brief as is). 

 

Many thanks once again. 

 

Quote

 

Parcel ID: 

Enquiry ref: 

 

Dear Sir or Madam, 

 

On Monday 7th September 2020 I purchased your delivery service with insurance to send a parcel sold on eBay. 

 

The item was received damaged by the buyer on Wednesday 9th September 2020. 

 

After several very time consuming and frustrating exchanges with your customer services, on 12 October 2020 Hermes finally declared that the insurance I had purchased did not offer me any compensation because the item I had posted was a guitar. I have subsequently been repeatedly denied the right to escalate/ make a formal complaint to Hermes. 

 

The contents of my parcel were valued at £263.00 plus the delivery fee and insurance cost totalling £16.88. 

 

I hereby inform you, that unless you reimburse me the above complete amount of £279.88 within 14 days, I shall issue a claim in the County court to recover this money from you, plus interest without any further notice. 

 

Yours Faithfully, 

 

 

 

Quote

 

The claimant used the courier service provided by the defendant courier company to send an electric guitar to a third party. The defendant company has admitted that they have damaged the item and refuse to compensate the claimant. 

 

The value of the item sent was £263.00. The delivery fee was £16.88. 

 

The claimant claims full reimbursement of £279.88 (item value plus delivery fee plus insurance cost) plus interest pursuant to section 69, County Courts Act 1984

 

 

[Rubixcube]

Brilliant thanks very much. 

[Rubixcube]

I don't suppose anyone here can advise the best/most appropriate email address to send this letter to? Or should it be sent by post? 

[Rubixcube]

Perfect thank you 

[Rubixcube]

Sorry for the delay with an update, have had a lot going on in my personal life. 

I sent off the letter before action on Monday 30th November; no response, so am clicking off my claim on money claims tomorrow. 

Shall keep you notified, thanks. 

[Rubixcube]

Hi all, that is my claim now submitted. 

 

I'd prepared it on the 18th November so that it was ready to click off on day 15, so that is the date marked on the claim for claiming interest up until, as it wouldn't let me edit this unfortunately.

 

Not too much of an issue as far as I'm concerned for claiming the interest back, just concerned it confuses my particulars.

 

Do you think I ought to contact money claims to explain this slight detail? 

[Rubixcube]

@BankFodder I've just seen an email saying I have a message from you on this post, but for some reason it's not showing me the message on this post or given me a notification for it on here.

 

If I had seen your message on this thread or received a notification, I would have responded to it so I do apologise for any confusion caused. 

 

My particulars of claim are provided above, further up the thread with the letter before action. 

 

Many thanks. 

 

 

[Rubixcube]

I will attach a screenshot of the submitted page and also copy in the text below. 

 

The claimant used the courier service

provided by the defendant courier company

to send an electric guitar to a third party.

Reference number XXXXXXXXXX. The

defendant company has admitted that they

have damaged the item and refuse to

compensate the claimant.

 

 

The value of the item sent was £263.00.

The delivery fee was £16.88.

 

 

The claimant claims full reimbursement of

£279.88 (item value plus delivery fee plus

insurance cost) plus interest pursuant to

section 69, County Courts Act 1984.

The claimant claims interest under section 69

of the County Courts Act 1984 at the rate of

8% a year from 09/09/2020 to 18/11/2020 on

£279.88 and also interest at the same

rate up to the date of judgment or earlier

payment at a daily rate of £0.06.

 

[Rubixcube]

Hello, just an update. 

 

I've this week received a letter "Notice of proposed allocation to the small claims track." 

 

The defendant (Hermes) has filed a defence, copy of which is enclosed. 

 

I have to complete the small claims directions questionnaire (form N180) and file it with the court office. 

 

This letter advises the option of my case being referred to the small claims mediation service; I assume I am advised to agree to this? 

 

Having read through the successful outcomes of other Hermes cases on here, they all seem to have gone to mediation, so do I agree to this at this stage? 

 

Thanks. 

[Rubixcube]

Thank you @BankFodder

 

They declined responsibility based on a guitar being an excluded item. 

[Rubixcube]

Yes and yes 

[Rubixcube]

Brilliant summation, thank you for this. 

 

I shall keep you posted, cheers. 

[Rubixcube]

Hi just a quick question; 

 

On the directions questionnaire it asks which county court hearing centre I would "prefer" the small claims hearing take place and why; I assume I can put my local sheriff court to where I live in Scotland, since it is asking me my preference? 

 

It also asks why; how much detail should I provide as to my reason? 

 

Many thanks.

[Rubixcube]

I have today received a date for my mediation telephone call appointment. 

 

Typically it's the exact date and time of a hospital appointment so I'm going to have to try and change it. 

[Rubixcube]

Hi all, just an update that my mediation phone call has been rescheduled to this Wednesday morning, so I shall let you know how that goes... Wish me luck!

[Rubixcube]

Hello, had a bit of a setback...

 

I was unable to take my mediation phone call on the set day and time.. My baby was very poorly, my husband answered the call and asked if could reschedule but they just said they'll try but it may not be possible. I haven't heard anything back as yet. 

 

I did try ringing them on their contact number before our set appointment, but the wait length time was impossible to get through to speak to anyone, while looking after a very unwell baby. 

 

So, again I'll keep you posted on developments, thanks.