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    • Please would you give us the name of the appeals company which you went with. I'm curious but alos there may be others who have been let down by them and I think that it would be helpful to know. Thanks   I see also that you have been asked to post up certain information/documents and you haven't done so yet
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Hermes have lost my item


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I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online. They have told me the item is lost 70x50x55 cm box???

They asked me to fill in a claim form which I have done i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me. After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery. I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745. I am more than happy to go to the small claims court for the difference but would it be dismissed, Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items. I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells. Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers. They really didnt care and also didn't seem surprised when i spoke to a service agent.

 

 

I arranged the delivery of a set of drum kit wood shells with hermes, I booked directly online.

They have told me the item is lost 70x50x55 cm box???

 

They asked me to fill in a claim form which I have done

i declared a value of £300 for the parts sent and paid for extra cover. I had recently purchased the whole drum kit for £650 and shipping costs of £95.00 to get them to me.

 

 After investigating the cost of replacing the shells, not a direct equivalent but similar, it will cost around £450.00 with delivery.

 

I want to get compensation over the £300, is that possible, i have informed them of the total loss with delivery costs, prior to shipping with Hermes as £745.

 

I am more than happy to go to the small claims court for the difference but would it be dismissed,

 

Should I go for the full cost of the loss or the cost of replacement shells only I have all the receipts for the drums and shipping costs prior to hermes losing my items.

 

I still have the remaining parts that a pretty much worthless now, unless i get a new set of drum shells.

 

Its probably going to to take ages, I've written to CEO of Hermes about my complaint as well just to cover all bases. Next stop will be the small claims court as i read they pull delay tactics and low offers.

 

They really didnt care and also didn't seem surprised when i spoke to a service agent.

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You posted in a solid block of text and it's rather difficult to read.

Please will you make sure that your posts future are properly spaced and punctuated and that way people will find it easier to give you the help and support you need.

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Can you explain a little bit more about the delivery please. Somebody sent them to you – was it a retailer who sold them to you?

If you have to claim against Hermes then if you declared only a £300 value then this is probably what you will have to settle for. You pay £95 shipping costs – that is extraordinarily high for Hermes. Can you explain why it was so expensive.

 

Have you made a formal claim to Hermes? And have they responded?

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Hi i was the sender to a custom paint shop, hermes lost them on the way. I purchased them as complete drums hence the high shipping cost with insurance by others the main kit came from one seller the snare from another as a complete it its very large, hence i want to claim for the money i spent  on shipping them to me, on top of the purchase value. The shells after stripping down are smaller and stack inside one another.

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Thank you.

First of all can I remind you about what I asked you in respect of spacing and punctuation please. For instance, I have no idea what you mean by "I purchased them as complete drums hence the high shipping cost with insurance by others the main kit came from one seller this now from another is a complete it its very large…"
I doubt if anyone else could understand what you meant either.

When you say you declared the value at £300. Does this mean when you sent them or when you claimed?

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Declared when i sent them and paid for , sorry not used to typing this sort of stuff.

 

From a reference point, its like buying a car then removing the engine, sending the engine away for work and it gets lost.

does that help.

 

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Thank you. If you declared £300 only as the value when you send them off then I'm afraid that that is all you will be to claim for. Why did you do that when you knew that they were so much more valuable?

Of course the insurance cover you paid for was only for that value as well.

Please read around this sub- forum very carefully at some of the other Hermes threads and see what we have to say about their lost items, their prohibited items list and their so-called insurance cover and how it is ridiculous to require you to insure them against their own negligence or criminality.

I believe that one of the items on their prohibited items list is musical instruments and this may eventually be a basis for then denying liability. However we don't know yet.

You haven't addressed the question as to whether or not you've put a formal claim into Hermes and whether they have responded.

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Formal claim has been made, I have been told it is covered, as its parts not a complete instrument. Its not prohibited, musical instruments are on their non compensated list.

 

my argument is i estimated the value of the drum shells as you would not normally know the value of them unless buying that part.
 

The replacement parts quote is £450. So yes i did under estimate the parts value.
 

I would hope they might consider that.

 

hope this make sense.

 

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Thanks. As for their prohibited items list – in respect of items which are lost, it's completely irrelevant and unenforceable.

However, the view we take is that if you declare a particular value and they undertake to carry your goods at that value then that is all you can recover.

If you want to try and go for higher value then we are happy to help you but I don't fancy your chances but it would be interesting.

Please spend the next few hours reading around the Hermes sub- forum and understanding the process about challenging Hermes, issuing a letter of claim and then issuing court papers. Understand also the process of bringing a small claim in the County Court.

When you think that you know your way around then come back here and will help you on the next step. Once again, you're welcome to try and claim for the higher figure – but I think is most unlikely that you would succeed and in fact whereas most claims seem to go to mediation and get settled there, I suspect that if you claim for a higher amount that they would try their luck in court.

However, you seem to be saying that so far in respect of your claim Hermes have been making positive noises and that they may pay you out on the basis of the insurance cover.



 

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I was not aware of the non compensated list until after the event.

 

when you book it only shows the prohibited list which is about safety.

 

the non compensated list is right at the bottom of the page.

 

they took my additional payment for “insurance”  so cannot refuse to pay out unless its prohibited.

 

They should perhaps put a drop down box, to select an item type, and if its on the non compensated list then not allow the option to pay for additional “insurance” and warn the users it has no compensation for loss or damage.
 

They would loose a lot of business and the extra money they make if all goes to plan.

 

Will do, i might just have to accept the insurance value and put the rest down to experience. Thank you for the advice i will review threads and familiarise myself with what to do.

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If you can spend some time reading around the threads here as I've already suggested, you will understand what we have to say about the so-called insurance cover and how it is unfair and unenforceable. Please familiarise yourself with this.

Have they actually agreed to pay out on the insured value? Not only should you have the value of your lost items that you should also have the cost of the delivery as well as the insurance back.

They don't care about losing a lot of business. They've got a huge amount of business and although they are the most complained about courier company in the country, I expect that 98% of their deliveries are successful. Of course when you talk about the remaining 2% of millions – it still ends up with a lot of loss parcels.

The really disgusting thing is how Hermes then deny liability and try to force people to accept their losses. Most people give up but people who come here normally get their money back – but in your case afraid it does depend on the correct declared value

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I called the hermes help desk to see if they had done anymore to locate my rather large parcel, this was after submitting the online claim form.


He told me they there was no chance of it being found.

 

I asked  if i am covered, he spoke to the claims department and came back and confirmed it was covered including the shipping cost of £21.00 so £321 would be paid back. 
 

Nothing formal from the claim team in writing so far.

 

 

 

 

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I think it's reasonable to expect a final answer within 7 to 10 days. After that, come back here and we'll see if we can discuss the next step

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