Jump to content

  • Tweets

  • Posts

    • not due till tuesday by 4pm. await its checking 1st please as i see thats not 100% right    but not you do not counterclaim. simply copy and past the text from here into the box after hitting enter defence.   slowdown... no rush    
    • I was going through the defence briefly and saw option for counterclaim. Do I counterclaim? What do i need to pay attention to while filing a defence?   Thank you.
    • no dates in that poc at all? jacamo is their Male clothing catalogue or was... what is the last payment date and the defaulted date from her credit file please
    • When someone claims UC they are asked about claiming Council Tax benefit, but at the time they started the claim it might not be relevant or they may not bother to indicate whether they are claiming it or intend to claim it.  Therefore UC does not send any data to the Council.   It is up to the Council whether they want to claim Council Tax arrears from benefits.  But before the Council can do so, they will have exhausted other options.  @Man in the middlehas provided a much better and comprehensive post on the process the Council will go through.   The advice for Walshy is communicate with the Council, ensuring that they have all available information on financial ability to pay, as well as health vulverabilities.  If the Council have been provided with this information and have failed to respond, then enter into the Councils complaints process. 
    • Again, many thanks. I am learning all the time.  
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
      I opted for mediation, and it played out very similarly to other people's experiences.
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
      Many thanks, stay safe and have a good Christmas!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

I am at a loss as a buyer because Hermes constantly loses parcels and I had to pay more for replacements

Recommended Posts

Can anyone advise, please?

I understand that Hermes contract is with the seller.

But, to date (over a period of 4 years) this company has lost ALL my eBay parcels!


I recently purchased a rare and discontinued Tom Ford item and didn't know the seller would use Hermes.

And, as expected, Hermes 'lost' the parcel at its National hub.

Luckily I found a replacement from the US.


However, the original item was £20 but the replacement cost £120.

Do I have any chance of winning, if I sue Hermes for the loss of £100 caused by their constant negligence and poor service?

Link to post
Share on other sites

In principle you could recover the replacement value but I think it would be a stretch – especially at County Court level. I think these are the kinds of questions are more likely to be dealt with in a satisfactory way by High Court – and a claim for this value would not go to the High Court.

I think we have to say that you couldn't.

Anyway, you talk about having a loss of £100 which suggested me that you accepted Hermes bonbons of £20. Is that right?

He said that they have lost parcels over a period of four years. How many of them? What was the value? Did you accept compensation for them? If you haven't been compensated then you may be able to claim for those because the limitation for breaches of contract is six years

Link to post
Share on other sites

Thanks a lot of the reply. I appreciate the support you provide on this platform. 


I have faced losses as a buyer since I moved to Wales four years ago. I did not seem to have the same issues previously where I previously lived in the Midlands. 


Over the past four years, Hermes has lost all 6 of my eBay parcels and delivered numerous other retail parcels to an incorrect address that is similar to mines, but has a different post code.  The total value of the lost items exceeds £1000.  I have never faced any issues with any other courier. 


Although I received my money from the seller, I am still at a loss as the market value of my items was a lot higher. I spent a lot of time and efforts online to find bargains. Due to Hermes negligence, I repurchased most of the items at 4 or 5 times the original price. I feel powerless, as buyers are usually not given the right to chose their couriers. It is frustrating to know that I will never be able to take advantage of a discount as long as I live at this address because the past experience tells me that Hermes will just take my item. 


Apologies for the confusion. The £20 was not compensation from Hermes, but the amount that I paid the eBay seller. The seller stated they will use Royal Mail, but used Hermes. Hermes 'lost' my item. I purchased a replacement for £120. And wondered if I could sue Hermes for the extra £100 that I had to pay because they have a pattern of loosing my items. 

Link to post
Share on other sites

Thank you for this. As already indicated, I think it would be a real stretch to recover compensation for the cost of the replacement item. It sounds to me as if you are dealing in quite a specialised market. If you wanted to try then we would help you and it would be interesting to see what happened.

I'm surprised that you don't have the right to choose your courier. If you are dealing on eBay then instead of paying immediately, it is an easy matter to send a message to the seller and ask them for an invoice but make it clear that you want the item sent by some other means. Of course they may refuse but at least you can try. The other thing to do is to contact a seller in advance and say that you are bidding for an item but if you win, then would it be okay for them to use some other means of having the item delivered to and that you will be prepared to pay the extra. The seller may then agree.

Of course I realise that it's all a workaround and of course it's disgusting that one can't rely on Hermes when you pay them their money to do the job properly.

If you have a seller who uses a different means to the one they describe in their auction – then of course they are breaching the contract. However, it would still be a stretch to reclaim the replacement value from them – unless in their auction they claimed that XXX was worth £200 and they were selling it for only £100. In that case I think you would have a very good chance of recovering the £200.

Link to post
Share on other sites

Thanks a lot for the reply.


You are correct, I supposed the only way forward is to treble check that sellers who claims they will be using Royal Mail or another courier in their listing don't use Hermes before making the payment. And ask ones who state they will be using Hermes if would consider using another courier before bidding.


I hope one day buyers get better legal protection and are told (as a compulsion) who will fulfil the delivery for online transactions. Till then, it may not be fruitful to lose more time and money on Small Claims Court fees if they chances of winning are low.


Link to post
Share on other sites

I think there's probably right. Sorry

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...