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Hermes stole contents of sent parcel


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Hi,

i sold an iphone via Ebay and sent with Hermes via packlink.

The parcel arrived at the buyers address with delivery not of posted to letterbox!

there was a pic of a fairly flat packet poking out of the letter box which looked like the side was ripped and the consumer later on emailed me a pic of what they received ( an empty parcel with the side ripped open).

 

As this is obvious theft and not lost its technically not covered under the loss and damage cover.

Now Hermes are arguing its lost and not covered (i never added the extra insurance but again as this is theft it would void anyway)

 

If the courier was competent and the contents went missing before they delivered it then you would think they would refuse to accept an empty parcel for delivery let alone put am empty bag through the door if they were an honest driver.

 

The buyer has reported this and is awaiting a crime reference and i have started the paper trail for claiming compensation etc but just wanted an understanding of where i stand legally. 

 

pics attached, the 1st being from the hermes driver where they had "posted the item"

the second being from the receiver where you can see the rip in the side (which matches the first pic) which isn't something a delivery person would miss. 

post.jpg

post 2.jpg

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Please read around this sub- forum. You will find lots of threads about Hermes and it will explain the situation to you.

You will understand what our view is about the unfairness of requiring people to buy insurance to protect Hermes against their own negligence or the criminality of their own employees. You also see what we have to say about their prohibited items list – in particular in respect of lost items.

It is no surprise that Hermes are declining liability. This is what they do.

You should commence a formal claim for the item – which I believe you may have done and when you get there formal response disclaiming liability you will then understand what particular reason they are relying upon – whether they are saying that it is a prohibited item – and telephones are on their prohibited items list – or whether they claim it is because of no insurance.

Anyway, once you have that then let us know and we will help you to begin your claim. I'm afraid that you will have to issue a small claim in the County Court. Then Hermes will probably select mediation and you should agree.
Once again, read around this sub- forum but this time so that you understand how the mediation process with Hermes normally goes and also understand the kind of pressure you will come under from the mediator to compromise on the money you are claiming.

Also, read up the steps involved in taking a small claim in the County Court. It's easy but it is worth knowing about the procedure in advance as this will give you confidence.

When you are recently familiar with all of the principles involved that I have suggested above, and when you have decided that you are prepared to take legal action, then let us know and we will guide you through the steps.
You will find lots of information here and hopefully by the time you've completed your reading, you will understand the steps anyway.
 

By the way, I am unable to understand what your second photograph is about. It will be much easier if you would post your photographs in a PDF document because that way we can enlarge them and understand much better what we are looking for – although it's probably not very relevant in your case

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Thanks for your reply, I'm waiting to see what response i will get but know this takes ages with Hermes. I see on their prohibited items its say the following.

  • Mobile Phone with or without Sim to any Residential address in Turkey/Pakistan

So hopefully i have that on my side and am more than willing to go the full process of small claims if needs be. I used to work within insurance and have an idea of how these companies try to bombard you with heavy jargon hoping you cave but eventually give in when you get the big guns out as its not worth their time or money unless is a very big claim.

 

i will keep updated when i hear back.

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Great. It sounds as if you have got the right background experience to take these people on.

You shouldn't give them too long. I think that if you have made a written complaint and you don't hear anything within another 10 days – or if they knock you back, then I think it is time for the letter of claim.

Once again, make sure that you've read around and that you're completely familiar with it all. It will make things much easier if we don't have to repeat all the things that we've already sent to other people many times before.

Keep us updated

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Just an update, so this is the response I have received from hermes and I will be sending my letter of claim later today. 

 

Quote

 

"Firstly, may I take this opportunity to sincerely apologise on behalf of Hermes. I am very sorry to hear that the parcel was delivered open and the Iphone is missing
 
I am sorry to advise you that the Phone is lost in the network. I like to make you aware that our delivery process includes a varied network of couriers, depots and sorting facilities. Throughout this process there are number of occasions where the parcels will leave the care of our couriers and handlers to be processed via sorting machinery and conveyor belts. As such, any instructions on the parcel, e.g. ‘Fragile’ or ‘This Way Up’ stickers, cannot be followed directly.
 
Unfortunately, there is a small percentage of our parcels that go missing and that is why we have the compensation procedures in place. There are some ways that parcels can go missing which we have no control over e.g. Parcels can get damaged and items can fall out of the packaging, if the items are misplaced we will not be able to locate them as they would not have received a scan, parcels can be miss-sorted into incorrect trailers without a scan, or labels can fall off while going through our machinery.
 
Please contact Packlink as the parcel was booked though them therefore your contract is with them as you have paid them for the service and they will be able to go through the claims process with you as this will need to be done on their system“

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please let us see the letter of claim before you send it off.

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Quote

 

Dear Sir/Mdm


Hermes tracking reference number xxx– dated xxx

Letter of claim

 

As you know, you have now reported to me that you have lost the parcel which was sent under the above tracking number even though I have provided photo evidence the parcel had been tampered with which you can see in the couriers “delivered” photo.

The contents of the parcel and the value were properly declared to you at the value of £275. Despite this you have denied any liability for loss due to being booked through Packlink but Under the Contracts (
Rights of Third Parties) Act 1999 this makes you liable as the carrier therefore I writing to let you know that unless you reimburse me the value of the parcel in full and within 14 days, I shall be issuing a claim in the County Court for the full amount plus interest and without any further notice.

Yours faithfully

 

 

xxx

😀 not kisses at the end by the way

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Very good.

Brief and to the point.

I suggest that you send it recorded delivery so you have got evidence that has been sent. If you posted today, assume that it has been delivered on Wednesday and start your 14 day countdown from then.

In the meantime, register on the moneyclaim County Court website, start preparing your claim. Post up your draft particulars of claim here before you click it off on day 15.

Make sure that you are comfortable with bringing this legal action. If there's any doubt in your mind then don't send the letter of claim. Do not come back here on day 15 and say "they haven't responded what should I do next" – Big Fail.

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Thanks, I intend on going all the way. Cant let big company's like this try and fob people off. Will send recored today and email as had a response to claim via ceo email and going to draft claim proceedings later on today ready for day 15.

Thanks for your help so far. 

  • Thanks 1
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how does this sound, also if it goes to mediation what consumer laws am i protected by do you know?

 

The claimant used the defendants courier service to deliver a parcel containing a mobile phone value £275 to an address in Bristol.  When the parcel arrived at the destination it no longer contained the mobile phone and had been tampered with. This was caused by the defendants own breach of contract or negligence with photo evidence of missing item from defendant as "proof" of delivery. The defendants have refused to compensate the claimant. The claimant brings this action under the Contracts (Rights of Third Parties) Act 1999. Claimant seeks the value of the phone £275 plus delivery £2.89 plus interest pursuant to section 69 of the County Courts act 1984

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23 minutes ago, grumpybadger said:

how does this sound, also if it goes to mediation what consumer laws am i protected by do you know?

 

The claimant used the defendants courier service to deliver a parcel containing a mobile phone value £275 to an address in Bristol. Reference/tracking number XXXX When the parcel arrived at the destination it no longer contained the mobile phone and had been tampered with. This was caused by the defendants own breach of contract or negligence or criminality of their own employee or agent with photo evidence of missing item from defendant as "proof" of delivery. The defendants have refused to compensate the claimant. The claimant brings this action under the Contracts (Rights of Third Parties) Act 1999. Claimant seeks the value of the phone £275 plus delivery £2.89 plus interest pursuant to section 69 of the County Courts act 1984

 

I made a couple of edits. I've also struck out a phrase which in fact is evidence. You don't plead evidence. You only plead the facts. You store up the evidence for later.

Also, I hope you don't think that this sounds too abrupt – but if you ask me a question about applicable law then that means that you haven't read around this sub- forum and looked at a very good handful of the Hermes stories. It's been explained repeatedly and I think that you need to do some of your own investigation and then come back here and ask questions about things that you don't understand.

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OK thank you, I have read around but just need to do it without 2 toddlers pestering me to get the facts written down 🙈. Thanks again and il let you know what I get back but assuming the same as every other case on here to do with hermes. 

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Sorry about the toddlers – I'm sure they are wonderful – but I'm afraid that when it comes to mediation or whether happens, you will have to be totally in control of your material.

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… and yes, same story. It's a bit like a stuck record – and Hermes never seem to learn.

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  • 3 weeks later...

Just an update, I started a claim through moneyclaim and hermes requested more time as to be expected. In the mean time I took 1 last shot at emailing Packlink claims after they auto refunded the £25 compensation and I emailed them the claim form which ended up being escalated to a manager and this morning I've received an email offering a full refund minus the £25 they have already refunded. 

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That's an interesting development. Does that mean that the money refunded to you would include the claim fee?

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Well it's up to you of course. You could accept the money from Packlink and then inform Hermes that Packlink have settled on their behalf that you are prepared to go ahead with the claim unless they refund you your claim fee. Of course this will probably mean that you would have to pay the fee on the directions questionnaire as well – but you would eventually get it all back.

Obviously, whatever you think is best for you. Well done on getting this offer anyway. If you accept it then you should make it clear to Packlink that you won't be withdrawing any claims until you receive the money.
Have Packlink actually said that they won't pay the claim fee?

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