Sent phone by Packlink/Hermes without insurance - Got damaged and thrown away!!

[Mobyrezidy]

Dear consumers act group,

 

I sold my phone (Huawei P30 Pro value of 365£) and used packlink label and sent my parcel throughout the hermes services without any insurance on it (was my biggest mistake ever) with the tracking number of 9942981757259814. On 6th of November the tracking number showed that the parcel is at the sorting hub.

 

After 3 more days there was no updates so I tried to contact packlink which responded to ,me that I have to amke a lost claim to so they could start looking for my parcel in the sorting hub.. I refunded my buyer on ebay and waited on whats next going to happen.

 

On 11th of November I got updated on hermes that my parcel was found and on its way to the buyer. I was really confused and happy but after 5 hours I checked that the item was damage beyond repair in the sorting hub. I tried to contact the packlink to sent me more details of what happened to my parcel to which they asked me if the item was delivered anywhere.

 

I told them that it was damaged and sitting the sorting hub and I asked for some photos of what happened and how could they sent it back. To which they replied that they will contact hermes about the situation and after 5 minutes I got email that they cant send any photos because hermes cofirmed that the item is unaccounted.

 

Pack link when made me to make a lost claim for the item that was not lost but just damaged and thrown away without my consent and all they want to compensate me is 25£. I find it very unfair that my item just disappeared without any updates and I got refused for any photos or any evidence of what happened and worst that I cant even get my damaged item back.

 

I cant come to any good conclusion with packlink and I am really lost at this point. I asked hermes support to provide any evidence that packlink contacted them regarding my damaged item but there is still no response in 5 days from hermes and I really doubt that the packlink even bothered to contact them about my item.

 

It is a huge loss for me as it was my parents gift and I tried to make some money for the rent.. I have all the proof of my chats with packlink and evidence how I sent my item but I cant post it here because it is a video. If somebody could advice me out it would mean a world to me. Hope you having a wonderful day! 

 

At the moment I contacted eBay about whole situation to which they only told me to contact packlink services the same happened to with the hermes, after asking them about the parcel they told me to contact packlink. But as the item was held and damaged in the hermes sorting hub could they be responsible for the damage?

[Mobyrezidy]

At the moment I contacted eBay about whole situation to which they only told me to contact packlink services the same happened to with the hermes, after asking them about the parcel they told me to contact packlink. But as the item was held and damaged in the hermes sorting hub could they be responsible for the damage?

[BankFodder]

You have posted a lot of information here and it will take some time to understand it.

Any chance that you could simply give this a bullet pointed chronology of what has happened. That would be extremely helpful.

 

Also, I'm afraid that simply posting up JPEG images is generally speaking unhelpful because they can be very difficult to read – especially when people are using small screens.

Please could you convert your JPEG images to PDF's – single file multipage PDF documents – with all the images you are including in them in the right order and the right way up so that we can read them in the way that you would like to see them if you are trying to help somebody out.

Thanks

[BankFodder]

In fact I have started removing some of the images because I find that they're not really relevant to the story. They are really just proof of what you're saying.

I don't know if you have read around this sub- forum about the Hermes stories – but this should be the first thing you should do. Please spend probably several hours reading lots of the Hermes stories so you can see what the various arguments are.

You will need to understand about the Hermes relationship with Packlink and why you inherit third-party contractual rights even though you send something through Packlink. You will also need to understand what we say about the requirement that you should have insurance – and how unfair and absurd it is that you are required to pay for protection against Hermes own negligence.

Please will you understand all of this because it will be very important in understanding our advice to you and also deciding to take the most appropriate course of action.

The one thing I gather from you so far is that at some point either Packlink or Hermes have told you that the item was damaged and was thrown away. This is something that we have heard of before but nobody has made an issue of this in the courts – and frankly I think it is extremely serious. I don't see how or why Packlink or Hermes believe that they have the authority to make their own judgement about what to do with your damaged goods – if in fact they are damaged.

I think that if Hermes is really throwing away goods which they consider to be damaged beyond repair then they should at the very least provide evidence of the damage – and in any event, it is not their property to dispose of.
If you are aware of something in their terms and conditions which allow them to do this then please would you pointed out to us.

Please start reading round

[BankFodder]

You had better also start spending time reading up about how to take a small claim in the County Court. I'm afraid that that is where it will be going if you want to get your money back.

As you are reading round the Hermes threads, start understanding the pattern of litigation – you issue a letter of claim, they ignore it. You issue the proceedings, they acknowledge. They file a defence and they indicate that they will go to mediation. You go to mediation – and then most likely they will back down and pay you your money although there will be an attempt to reduce the value of your claim. However there is always a risk that it could go to court.

One thing you should realise that if it goes to court on the issues that they are trying to rely on now – that your contract is not with them that it is with Packlink and also that you should have ensured yourself against their own negligence or criminality of their employees, if it goes to court on these issues and they lose, it will be a catastrophe for them because they rely on these two arguments in almost all of their lost items/damaged item disputes.

Once there is adjustment in respect of these issues – even at County Court level – it will be the beginning of the end for their little game. It will cost them a huge amount of money.

Start reading round

[Mobyrezidy]

Dear BankFodder,

I am sorry for my poor post formulation as I am a new member here and wasn't quite familiar with the forum rules, Also thank you for correcting the post for me.

 

As for now I got reply from the Packlink support stating that the compensation was approved to be 25£.

 

What should be my next move, should I refuse the compensation and ask them to reconsider the amount by emphasizing that there were no proof of the item damage and they refuse to sent me any evidence.

 

The hermes support still haven't responded to me. And I think on  there is big lack of evidence on Packlink behalf sending me the message that they contacted the hermes about the damage (again packlink haven't provided any clear proof that they actually asked hermes about the incident).

 

In a mean time I will read more stories about the packlink/hermes incidents to be more prepared for everything.

 

Would you recommend also sending Hermes the message about the whole incident and demand for the any evidence of the item damage?

Thank you in advance!

[dx100uk]

please remember your and other people's right to anomality

redact names etc. 

read our upload guide carefully

 

 

 

[BankFodder]

Yes, keep on reading around the forum about all the Hermes cases. This is very important.

Also I think it's a very good idea to challenge Hermes and to ask for evidence of the damage.

I have removed the images which you have posted because quite frankly there was too many.

 

However, please would you post up simply the evidence that you have in which they say that it was damaged.

 

Before you send off your request to Hermes asking for evidence for the damage, please will you post off your message to them here so that we can have a look.

 

 

And by the way we would suggest that you reject their offer of £25 and in fact probably don't even bothered to reply

[Mobyrezidy]

Thats what I am planing to write: 

Dear Hermes delivery services,

I am writing regarding my recent delivery ( tracking nr:9942981757259814). As I recently got tracking information updated, it tells me that my item was destroyed in one of your sorting hubs. I want to get a photo proof of the damage done to the item and I believe it was thrown away and marked as lost without my consent. As I did not got any response from you in 5 days I am really implying on getting some adequate evidence of the item damage. Best regards,

 

Please feel free to correct me as I am not native speaker. Also I am planning to add this two photos as an evidence to the damaged item. Lastly, should I add the chat with the Packlink agent where she mentioned that  the Hermes confirmed that the item is unaccountable thus there is no possibility for any photos as an evidence of damage?

jpg2pdf (1).pdf

[Kyosanto]

Your English is decent for a non-native  A few suggested corrections below

 

 

Formal complaint preceding letter of intent

 

Dear Hermes delivery services,

I am writing regarding my recent delivery ( tracking nr:9942981757259814). My tracking information was recently updated, and tells me that my item was destroyed in one of your sorting hubs. I do not accept your explanation without evidence, and I hereby demand photographic proof of the damage done to the item as it was destroyed without my consent. which I intend to obtain compensation for by all means necessary. Without a satisfactory reply from you in the next 5 business days I will begin pursuing legal avenues. Best regards,

 

 

Once you send this letter. You will be engaged, and need to follow through with the legal procedure, since as others have explained upthread you will not get a reply from Hermes. Please read the forum carefully so you are prepared.

 

Good luck!

 

[BankFodder]

Please wait before sending this.

It needs to be rather different

[Mobyrezidy]

Still haven't sent anything as I was waiting for your approval. 

[Kyosanto]

Ahh sorry was the wrong advice. Was  merely trying to brush up the English!

[BankFodder]

Okay, I suggest that you send this letter which I have drafted for you below. Send it by recorded delivery and send it today. If you can send a copy by email then that is good as well but send it by letter and by email.

 

Quote

Dear Hermes delivery services,

I am writing regarding my recent delivery ( tracking nr:9942981757259814). 

I have been informed by Packlink that you have reported to them that my property was damaged beyond repair whilst in your care and you have therefore destroyed it.
This seems to have been confirmed by updated tracking information which I have recently received.
I would be grateful if you would let me have photographic evidence of the damage and also I would be grateful if you would let me know on what basis you feel that you have the right to destroy my property without any reference to me or without my consent.
I would suggest that even if it really was damaged beyond repair, that there would be salvageable spare parts.

I would also like to receive an explanation of how my property was damaged in this way whilst in your care.

Please let me have this information within the next seven days.

Yours faithfully
 

 

Separately, I suggest that you send them on SAR. Follow our SAR link, modify the template – but not very much and send it in a separate letter and also in a separate email. The letter should be recorded. Do that today.

Please confirm that you have taken the steps and also keep reading around.

Unfortunately I can assure you 100% that you will have to issue a County Court claim for this – so you need to read around the steps involved taking a small claim in the County Court and confirm to us that you are prepared to do this.

I'm afraid that if you are not prepared to take a County Court claim then you will not get your money back from Hermes.

Also I understand that English is not your first language. Is your spoken English sufficiently good to be able to deal in normal conversations when you have eventually to speak to a mediator on the telephone – and possibly to adjudge if it goes that far – although it is unlikely. I expect your case will go to mediation.

[BankFodder]

8 hours ago, Kyosanto said:

Your English is decent for a non-native  A few suggested corrections below

 

 

Formal complaint preceding letter of intent

 

Dear Hermes delivery services,

I am writing regarding my recent delivery ( tracking nr:9942981757259814). My tracking information was recently updated, and tells me that my item was destroyed in one of your sorting hubs. I do not accept your explanation without evidence, and I hereby demand photographic proof of the damage done to the item as it was destroyed without my consent. which I intend to obtain compensation for by all means necessary. Without a satisfactory reply from you in the next 5 business days I will begin pursuing legal avenues. Best regards,

 

 

Once you send this letter. You will be engaged, and need to follow through with the legal procedure, since as others have explained upthread you will not get a reply from Hermes. Please read the forum carefully so you are prepared.

 

Good luck!

 

 

Very good of you to offer help so enthusiastically. Much appreciated. However, a bit less of the "demanding" and a bit less of the "hereby".

In other words a slightly less strident tone and less formality is probably a better approach.  

[BankFodder]

On an additional note, you are being told that it has been damaged and destroyed – but of course one can never be sure.

Isn't there some way of putting a block on the phone to make sure it can't be used by anybody?

[Mobyrezidy]

Thank you for update! 

 

I just sent the message you provide me with some photos as an evidence. And will be looking into filling the SAR. form to send it later. I am also fully committed to take this in to a court case. Regarding my English skills I think I am well prepared to deal with normal conversations as and will be making notes of what other people told during their mediation calls. In a mean time, I will keep you updated on what hermes responded to my letters. Best wishes!

[BankFodder]

The SAR should already have been sent.

And you haven't responded to my query about the possibility of putting a block on the phone

[Mobyrezidy]

I just managed to block my phone and should I send the SAR. letter to a different Hermes email address? 

[Mobyrezidy]

I am having trouble finding the Hermes mailbox address to which I should sent my signed letter. Maybe you could help me out on this one

[BankFodder]

Send it to the head office address. Make sure that you have a reference number

[Mobyrezidy]

I am really sorry for asking alot of question, just don't want to make some stupid mistake. Where can I find my reference number regarding my SAR. form, Thank you in advance!

[BankFodder]

Don't you have a tracking number????

[Mobyrezidy]

I have it, I was just wondering if that's what you referring to as reference number, Again sorry for stupid questions. And I will send SAR. form today by email and physical signed form as well. Thank you!

[Mobyrezidy]

Okay, I just sent them the message where I asked them to provide photographic evidence of my broken item. And separate email with SAR. request. Also will sent the physical signed SAR. request tomorrow unfortunately, all the post offices are closed now so can't do it today. Also I blocked my phone as you adviced me to do. And will be waiting for their response to update you. Should I do anything else in a meantime? I am continuing to read other stories to be prepared for next steps. I am really grateful for your support so far!