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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • 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!
       
       
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    • 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

Hermes & Packlink once again. Tampering **Resolved**


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Nov 5: Sold iPad on eBay for 220 GBP, used eBay Packlink as it was recommended by eBay.

Nov 6: Handed parcel over to the local shop. Parcel included iPad in its original box. Got proof of postage.

Nov 9: Parcel received by buyer - after opening he realised he received a Jaguar/Landrover car part instead of an iPad. The packaging I used with the correct label was opened and the item was replaced.

Nov 10: Filed a loss claim and started a tampering investigation with eBay Packlink

Nov 25: Received response from eBay Packlink, confirming tampering, approving a refund of 25 GBP + 2.89 GBP postage fees.

 

So, after accepting that they have thieves running criminal operations in their depots, (stealing iPads and Macbooks as I've read from numerous people in this forum and elsewhere) they decided to compensate me for 25 GBP. This is way off the original value of the item sent, which was sold for 220 GBP.
 

I am seeking help on the next steps I should take to recover the remaining funds. Please let me know if I need to share any other details.

 

The poor buyer received a useless car part (he provided pictures) and in theory shall be refunded. This leaves me with around 200 GBP out of pocket and a huge willingness to take any legal avenue that will enable me to get compensated and create problems for those scams.

 

Any help will be appreciated.

 

Kind regards

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The first thing to say is that you better go ahead and refund the buyer because otherwise she will end up getting negative feedback as well.

We will try and help you get your money back from Hermes.

Have you made a formal claim through Hermes and have they formally declined you and giving you reasons why?

Presumably the item was properly declared and properly valued when the delivery was booked. You don't say whether or not you took out their so-called insurance.

Please start off by reading around the sub- forum focusing particularly on the Hermes threats. There are lots of them. Get to understand the principles in respect of the arguments – the insurance element, your third party rights despite the fact that you booked it through Packlink. Have a look at other people's experiences of having sued Hermes, the process of issuing the claim, the defence, the mediation and have a close look at the advice that we give about how to handle mediation.

It's highly likely that you will have to issue claim papers so also read around to understand the steps you need to take to bring a small claim in the County Court. It's straightforward but understanding the steps will make you far more confident about what you are doing.

Have you started a formal complaint against Hermes and Packlink?

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Thank you for your response.

 

No, I have not paid for any additional insurance.

 

What I have done until now is to raise a loss claim with Packlink. They have confirmed “the shipment as subject to tampering” and I got a refund of 25 GBP plus 2.89 GBP for the postage charge, which I’m waiting to receive.

 

So based on your suggestions I assume I will need to raise a formal complaint with Hermes now and update you once I get a response.


I have already started educating myself on the matter while waiting for a reply but I certainly have a long way to go. I am wondering how it is still possible for Hermes to be operating in the UK having created similar issues to so many people. I would have never thought items go missing like this.

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Have you actually accepted the Packlink offer?   because of you have it may be that this is in full settlement

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Well, I got the 2.89 automatically in my PayPal account.

 

Regarding the 25, I didn’t find any process of accepting or rejecting but I had a couple of back and forth emails with them (Packlink).

 

I responded saying that this amount is well off, which lead them to inform me about their enhanced insurance which I didn’t get. I responded back that it would only make sense if it wasn’t their liability. But since they confirm that they essentially didn’t provide their normal service of taking a parcel from one place to the other, they are liable. I haven’t received any more replies yet.

 

All this happened today. After this, I searched online found the forum here, I registered and shared my experience in an attempt to start the procedure properly on the right track.

 

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Yes you should attempt to make a complaint to Hermes and give them about 14 days or until you receive a letter declining responsibility – whichever happens sooner.

How did the £25 arrived from Packlink? Did it simply arrive automatically in your account? If it did then you should write to Packlink make it clear that although they have paid the £25, it is not acceptable and you still hold them liable and that if they want the money back then they can have it, but you will be proceeding for full reimbursement

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I'm sorry, we can't read that. And I have a fairly large screen.

Please could you scan your documents into PDF format and post them up that way.

Thank you

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Well that's very unusual and it's a very rare occasion that Hermes have acted responsibly and in a customer-facing way.  And you didn't even get their so-called insurance.

 

In fact I see that the refund has ostensibly come from Packlink.

Excellent. Well done. I'm pleased you got your money back.


Thank you for updating us
 

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  • BankFodder changed the title to Hermes & Packlink once again. Tampering **Resolved**

Very unusual indeed, not sure what made them go this direction but I am very happy. Mostly for the time saved!

 

You are a hero and what you and other site team members are doing here, is restoring our faith in humanity. Bless you!

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Well don't worry too much about the blessings, in fact you can keep the blessings but a little donation wouldn't go amiss 😄

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