Hermes stole contents of sent parcel

[BankFodder]

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

[BankFodder]

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

[BankFodder]

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

[BankFodder]

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.

[BankFodder]

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.

[BankFodder]

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.

[BankFodder]

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

[BankFodder]

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

[BankFodder]

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?