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Hermes not able to locate package (lost package)

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I think that dealing with Amazon by written messages is going to be a frustrating business and almost impossible. They aren't used to this kind of thing at all and I think you will have a lot of difficulty managing to get your letters read by somebody in the right department with the right authority. I think it will be a very long winded business.

I think you are going to have to concentrate on trying to talk with a reasonable customer services person and make sure that you get chat records or record your calls on everything. You will probably be promised that they will get back to you – but you will have to ask for a time for responding and then you will have to ensure that that happens. There is no reason for them not to come back to you within a couple of days.

I think it's going to be a hard slog. You have a reasonable chance of suing Amazon successfully. You have a better chance of seeing Hermes successfully – but for less money.

I would normally suggest writing in order to get a proper paper trail – but I think that dealing with Amazon is going to be a very different kind of matter. Concentrate on quick access to the customer services but making sure you keep records of any exchanges you have.
I'm not sure that we have ever had anybody sue Amazon so far and from where I am, sitting in a spectator seat – nice and comfortably – it might be a very interesting experience. Of course you are at the coalface!

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Well I think it is fairly straightforward.

You simply have to emphasise that you followed their instructions at every step. It was they who arrange for the item to be picked up by Hermes. Hermes failed to collect it so that that was Amazon's failure, not yours. Amazon then acknowledged the failure and went on to give new instructions that you should make your own arrangements. You followed those instructions to the letter and in fact you chose Hermes which was Amazon's courier of choice anyway – so they couldn't possibly object to that choice – and so in fact by doing that you were acting on Amazon's behalf to return their defective product.

It's very clear that you return the product because it was defective and not simply that you made your own personal decision not to buy it.

I think that really says it all. I think that if you end up suing Amazon, then by and large those are the arguments that you would be making anyway. Having slept on this overnight, I feel more comfortable about your chances of success suing Amazon – although if it went to mediation and Amazon offered you a good deal, such as the full value of the laptop but without your costs – it might be something to consider.

Particularly because I think morally it may be right for you to share an element of the blame for what has happened.

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Thank you! I will write as soon as I spoke with them. I am still waiting for a reply from them (they promised that they would conduct an investigation into the matter).

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Don't expect them to be particularly quick in responding or particularly enthusiastic. You are asking them to do something beyond their normal procedures and this itself poses a problem for them.

I think you need to set time limits and I think you need to decide for yourself at what point you will issue a letter of claim and give them 14 days before taking legal action.

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  • 1 month later...

Hey! Sorry for not writing, I have been extremely busy in the past few weeks. I do have a question though and I wanted to see your opinion. I understand that the next step will be probably to take legal action against Amazon. But there is one thing that I haven't tried yet. What do you think about filing an official complaint through a third party, like https://www.econsumer.gov/#crnt or with the relevant (private sector?) ombudsman (I am not sure where I could do that)? And if I am not happy with the ombudsman's decision, I could still take court action. 

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Welcome back. I can appreciate that you've probably been extremely busy – but so are we and it's very difficult to start catching up with a thread again after it tends to have gone dormant because the originator has left it.

You are dealing with an item of great value here and I think that if you want to do anything about it then you should engage with this thread more earnestly then you have been. Sorry about your work commitments and all that – but I think that you will have to prioritise a bit.

I haven't gone through the thread again to try and refresh my memory – we have a huge number of other people come to us for free help who tend to be a bit more engaged. I will go back over the thread when I can in the next day or so.
However, you can certainly try filing official complaints to 3rd parties – but don't hold your breath. Nothing will happen. The only thing you can do is to take direct action on your own. You have to understand that you are thoroughly on your own. There is no regulator. There is no oversight. There are no regulatory standards. There is no ombudsman subject to any kind of statutory imperative. Citizens advice all interested – well-intentioned – but that's about it. Trading standards won't take any notice – they have bigger fish to fry and none of these people anyway are interested in helping an individual get redress. You have to do on your own. There's no point in going to the press – the story isn't big enough and the press is overwhelmed with stories from everywhere.

If you are prepared to settle down and take direct action then you may as well give up. And also these companies thrive on the kind of inaction or irregular interest that is taken by people who are too busy to focus and sort the issue out.

I'm sorry that the seem probably quite harsh words – but that's the way it works.

Please monitor the thread and I'll have a look and try to catch up. If you do write to any of these agencies and let us know. But don't hold your breath – believe me you will simply fatigue yourself and the only people to benefit will be Hermes and Amazon because they thrive on the innocence of people who think that there are organisations around to help them. There aren't

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