Hermes 'lost' my iPhone I sold to a buyer on eBay.

[DJU]

Hi Guys! 

"Hermes lost my parcel worth £250"

 

I sold an iPhone to someone on eBay Tuesday 10/11/20 for £250, I dropped it off that evening to my local parcel locker. I received a tracking update the following day saying Hermes had collected the parcel from the locker. 

 

Since this there has been no further updates and I have an email from Hermes admitting they have lost my item and I should fill out a claim form.

 

I didn't take out any insurance it was just a standard delivery but I paid extra for it to be a signed delivery. 

 

So far we have reported the phone as stolen to the police and I am awaiting my Hermes claim form to be looked into but I know I am not going to get back more than £20 regardless. 

 

I have done a good few days of research on here and also on the Hermes Facebook group, but I would like some advice on my next steps please. 

 

Kind regards, Daniel 

[BankFodder]

If you haven't done so already, it would be a good idea to blacklist the phone. Keep a record of the fact that you have done this.

 

Was this delivery organise through Packlink or did you do it directly?

If you have read around all the sub forums on these issues then you know all the arguments and broadly speaking you know what will happen – which means that you will have to use your letter of claim, then issue the claim. Hermes will defend. If you organise the delivery through Packlink then Hermes will try to say that you don't have a contract with them and you should be suing Packlink. In any event, Hermes will say that you didn't insure and therefore you are covered. You read all the arguments – and I probably don't need to say again how unfair it is that Hermes wants to get you to protect them against their own negligence or the criminal activities of their own employees.

Make sure you have read the unfair terms provisions in the consumer rights act 2015.

Make your claim in the normal way through Hermes – but don't bother to wait too long. If they haven't given your response after two weeks or so then you will have to issue a letter of claim – and then you know the rest of the story.

If they do give you the response then as you have already suggested, it is highly likely to be a refusal – in which case we go down the same path together – letter of claim, claim, defence, mediation et cetera.

 

[DJU]

I used Hermes directly to send the package, I only filled out the claim form yesterday so will wait until 2 weeks time to progress.

 

This is all new to me but I am slowly learning the process and appreciate your help. 

 

Kind regards, Dan 

[BankFodder]

My dictation software – blacklist the phone. I should be more careful about reading over what I have posted!

 

There is a learning curve here that by the time you are finished you will be confident about suing anybody who gets in your way.

[BankFodder]

By the way, I forgot to check some basic things. Did you declare it as a phone? And was the value properly declared?

[DJU]

The phone was reported as stolen with the police today (online form) so hopefully they will blacklist the phone. 

 

I did declare with Hermes that it was an iPhone and I did also declare it was £250 and that's exactly what I sold it for on eBay. 

[BankFodder]

The police won't blacklist the phone stop you will have to undertake this yourself. However if you have got a crime reference number then that is very helpful. I should go ahead and blacklist the phone if I were you

[DJU]

How do I go about blacklisting the phone?

I have tried to research this as I have the IMEI number but still none the wiser. 

[dx100uk]

there are 100's of websites...

 

one of which is

 

https://imeipro.info/report-stolen-lost-phone.html

[DJU]

little update for you guys, have been in contact with Tesco mobile and they have blocked the phone for us. 

On 19/11/2020 at 20:58, DJU said:

How do I go about blacklisting the phone? I have tried to research this as I have the IMEI number but still none the wiser. 

 

[BankFodder]

Keep a record of this

[DJU]

Hello everyone! 

 

Still not heard anything back from after filing my Hermes claim. 

 

What is my next step please? I would like to start a small claims ideally. 

 

Kind regards, Dan

[BankFodder]

You should now consider sending a letter of claim. If you consider that you have given Hermes long enough – and you probably have – to respond, then send the letter of claim pointing out that you made a complaint/claim on such and such a date and you haven't heard anything from them and you're not prepared to tolerate any further delay. Then tell them that if you don't get a full reimbursement £XXX to include the cost of the phone plus £XXX delivery fee within 14 days that you will start legal action and without any further notice.

Only send this if you are prepared to go ahead with your threat on day 15. This is not the time to mince around. If you have any doubts then don't send the letter of claim.

I'm a bit worried that you've asked us what is your next step. This suggests to me that you haven't really read around here and you're not really prepared. You must read around this sub- forum and see what happens/what people do and what the usual course of events are.

You must read up on this form about how to take a small claim in the County Court so that you understand the steps. It's not difficult but you need to be in control. We are happy to help you but it isn't our business to be in control the time. You must empower yourself by becoming familiar with the steps. We will do our best to guide you through the process but it is your case to win or to lose and it's your money to keep.

If you're going to send a letter of claim then I suggest you post it up here so we can have a look before you send it