Hermes refusing claim for Insured parcel

[IKS]

I sent a parcel through Hermes on 16th October which contained jewellery, dress and a perfume. The parcel still shows to be with the parcel shop as per their tracking. Hermes admitted that it may have been lost in the first instance and a claim was raised in this respect. The parcel was insured fully up to the value of the contents of 179gbp and 10gbp was paid for delivery including insurance of the contents unto the value of 179gbp. I have written to Hermes a few times and have been informed that due to a prohibited item the parcel could have been destroyed and they can't pay compensation as one of the items (perfume) in the parcel was a prohibited item. 

 

I have filled in MCOL now and would send a claim tomorrow but was wondering how much time does it take and whether this letter(below) is enough or do I need to send another formal letter as I gave only 7 days to respond. Thanks

 

This issue has caused me sleepless nights and I feel that this harassment on the part of Hermes towards a customer who has spent many hundreds in sending parcels through your company is despicable to say the least. 

I am sure you might have noted that my initial contact  was made on 23rd October (having waited for the parcel to be delivered as it was sent on 16th October 2020). The parcel was meant to be a special birthday surprise which was ruined as a result of this lost parcel and I only got a response from you on 30th November (having made the claim on 2nd November and chased it on 8th and 24th Nov respectively). Also to quote your email dated 30th November, "We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for items which are not prohibited." Your email is a contradiction in itself as on one hand you have refused to pay any compensation due to one prohibited item and on the other hand you are have stated that you are happy to pay compensation for the items which are not prohibited which in my case formed 84% of the parcel (taking into account the market value of the perfume).

I believe it should be unacceptable for a company to make an error and on top of that make money on insurance and then take 4 weeks only to say they are rejecting the claim on the basis of one item. I have reviewed the list of excluded items on your site and the reasons for them being on the list and it's important to mention that if the parcel was delivered with a broken perfume bottle (as a result of which other contents might have got damaged then I probably wouldn't have pursued this). However, this was not the case here and the whole parcel was lost and not damaged.

I would like to inform you that regardless of your T&C, your company is bound by the contract law. It is pertinent to mention that I put the list of items on the screen and your Hermes representative could have refused acceptance of the parcel. The acceptance of the parcel with the contents as listed on the screen meant that Hermes agreed to the contract.

With regard to the exclusions as per your T & C, please do note that the exclusions appear all the more unreasonable and unfair as Hermes sells the insurance, and I believe that you are liable to pay for an item if it was lost as opposed to damaged since my parcel containing a perfume (one of the items from your excluded items) is no more likely to go missing than a parcel containing a dress or any other item so it's still a lost parcel. It also needs to be noted that I've on previous occasions sent the same types of items and your company had never once refused or even questioned the goods until this lost issue arose.

I would urge you to reconsider my claim and compensate me for the full insured amount within 7 days i.e. by 11 December 2020 alternatively I would be pursuing my claim for the lost parcel along with the fees incurred for claiming the same through small claims court and this email may be considered as my notification for the same. 

Last but not the least, it would be appreciated if you can pass me the name and address of your CEO and forward my email to the head of customer services.

I will be sending you a letter through registered post on 12th December in the event that I do not hear from you before this date.

[IKS]

The reply I received for the above letter.

 

 

I am really sorry you are not happy with the decision for your claim. I undertsand the value of this to you with the item being sent as a gift.

I have looked at your claim further and regrettably, I am unable to accept it this time as the contents of the parcel are prohibited from our network. Perfumes are clearly listen on the prohibited items list as an item we cannot carry and will not offer compensation for any parcel if it contains this item.

As we are a self serve company, we provide a list on our website which we advise all customers on many occasions to check to ensure their parcel does not contain any prohibited items before purchasing a label for the parcel or choosing the compensation for their parcel.
Prohibited items are goods which Hermes will not carry under any circumstances. We will not compensate you for loss, damage or late delivery of Prohibited Items.
If any Prohibited Items are found in our delivery network we will dispose of them.

For more information on our prohibited items please see our website below
https://www.myhermes.co.uk/help/carry-guide.html

I understand that this isn't the outcome you were looking for, but as the item is on our prohibited items list, this claim has been rejected.

Kind Regards,

[IKS]

The letter I sent today.

 

Letter of Claim 
 

Quote

On 16th October 2020 I used your services to send a parcel containing jewellery, dress and a perfume.

The parcel did not arrive at its intended destination and I now understand from yourselves that the parcel has been lost. 

I am therefore seeking the value of the parcel at £179 plus the delivery fee of £10 (which included insurance up to the value of the contents). 

I am fully aware that you have a reputation for losing or damaging thousands of parcels that have been placed into your care. 

You can be certain that if you force this to court, your record will be brought before the judge – including pieces in the media – both newspapers and television – as well as the information relating to your recent label and computer problems which may well have contributed to the loss of my property.

As informed in my earlier correspondence, I shall be issuing a claim in the County Court on 12th December 2020 without any further notice.

Yours faithfully

 

[IKS]

- parcel posted on 16th October Cost of items 179 GBP Postage cost 10 (including insurance for 179 gbp)

Items-Jewellery, dress and perfume.

 

- Chased up on 23rd October 
Customer's description of what they need help with: 
It seems that the parcel might have been lost as it's been more than a week since it is showing on the system as not having moved

The tracking status at the point of contact was:
Your sender has dropped the parcel off at their local ParcelShop and it's waiting to be collected by our driver

The tracking stage at the point of contact was:
We've got it

The customer selected:
Delivery enquiry > My parcel has not been delivered yet > My parcel has not moved on tracking in the last 24 hours > 

26th Oct-Hermes asked for further details about contents.

26th Oct-Further claim details provided

27th Oct-Hermes response

Thanks for getting in touch with us about parcel number xxx

We're so are sorry that despite an extensive investigation, we haven't been able locate your parcel. We appreciate that this is not the outcome you were hoping for, however, we do offer cover to assist in this situation and we will happily support you through the process of making a claim.

During our claims process, if your parcel is located, we will endeavour to deliver this to your recipient as quickly as possible. 

27th Oct- Emailed details but claim not filed.

2nd Nov -Contacted Hermes to follow up.

2nd Nov-Claim filed

2nd Nov-Claim acknowledged email by Hermes.

8th Nov-Chased progress of claim.

24th Nov- Chased claim through resolver.

 

30th Nov-Hermes response 9.59am

Thank you for your recent email/correspondence about your claim.
 
Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are prohibited items which cannot be claimed for. You can find further details below on prohibited items and how this relates to your claim.
 
We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for items which are not prohibited.

 

30th Nov  Hermes response 11.16am

 

 

I am really sorry that we have made the decision to reject your claim.

 

Unfortunately as this is a prohibited item, this means you are in breach of your contract and we are not liable for providing any form of compensation.

 

I understand and appreciate this was not the outcome you were hoping for. However, as this is a self service, we prompt customers on three occasions to check that their item is suitable for the network.

 

Going forward, we will not be processing a payment for this claim.

 

30th Nov Chasing email 12.06pm

I wonder why it has taken so long for you to come back to me on this matter. The harassment and delay in processing the refund 

has caused me distress and sleepless nights. Can you please make sure that the refund is processed at the earliest to resolve my claim.

 

30th Nov Hermes response 3.47pm

Thank you for your recent email/correspondence about your claim.
 
Unfortunately as this is a prohibited item, this means you are in breach of your contract and we are not liable for providing any form of compensation.
 
We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for items which are not prohibited.

 

I apologise that this is not the outcome you are looking for.

 

4 Dec Chased up my claim 11.27am

My first post on the forum

 

8 Dec Hermes response

My second post on the forum

 

11th Dec- My 3rd post on the forum

 

I hope you have the chronology of events.

 

Do I send another claim letter giving 14 day notice. Do I word it to say that inadvertently I have got the notice period wrong?

 

Your help and guidance is appreciated.

 

 

 

 

 

[IKS]

Thanks once again for your patience in gong through my posts but I think you might have missed my Third post which is a claim letter i sent today with a response date of tomorrow as I had already written to them on 4th December and asked them to respond with 7 days i.e. today 11th December but they responded on 8th Dec and I  sent a claim letter today (3rd post) informing them that I would issue a claim on 12th December.

 

Should I amend the date to 27th Dec and give them 14 days from tomorrow?

 

The amended date with draft letter is as below: (Please let me know if I need to add anything with regard to why I have amended the date). Thanks

 

 

Quote

 

Claim Letter

 

On 16th October 2020 I used your services to send a parcel containing jewellery, dress and a perfume.

The parcel did not arrive at its intended destination and I now understand from yourselves that the parcel has been lost. 

I am therefore seeking the value of the parcel at £179 plus the delivery fee of £10 (which included insurance up to the value of the contents). 

I am fully aware that you have a reputation for losing or damaging thousands of parcels that have been placed into your care. 

You can be certain that if you force this to court, your record will be brought before the judge – including pieces in the media – both newspapers and television – as well as the information relating to your recent label and computer problems which may well have contributed to the loss of my property.

As informed in my earlier correspondence, I shall be issuing a claim in the County Court on 27th December 2020 without any further notice.

 

 

 

Also note that I have read and soaked up all the info with regard to various cases...and think my case is quite strong as I took out insurance too when I didn't need to. As an aside is it possible to contact you privately on any other email address or phone call to discuss some other crucial details as I am not comfortable putting everything on the open forum.

 

thanks

[IKS]

I have sent the claim letter with an amendment to the date giving them 14 days from yesterday to respond. Do I need to send the claim letter by registered post as well? I know the notice definitely needs to be sent by registered post.

 

[IKS]

 Hi,

 

I have sent the claim letter as per my previous post by giving 14 days notice by registered post too.

 

In the meantime, I have received this response today to my claim letter by email sent on Saturday 12th Nov. 

 

Do I still need to wait for my registered post letter to be received by them and then pay the MCOL fees?

 

Reply from Hermes:

 

Thank you for your email.

 

As advised on several occasion this claim has been rejected as the parcel contained prohibited items.

 

The decision on this claim is final. If you wish to pursue legal action please send all further correspondence to our legal department via post to our head office address which can be found online.

 

This is our final response.

 

Hermes Claims Department

 

[IKS]

Hi 

Happy New Year.

 

Sorry couldn't reply earlier as got busy with planning a holiday which never materialised.

 

I got the date wrong and mixed the months. I meant 12 december not november, So waiting to pay the MCOL fees on 5th January.

 

Will get in touch again in the new year.

 

Thanks

[IKS]

Hi,

 

I have filled the claim form with these particulars. Do I need to mention about the court fees and postage costs of notice served ?

Quote

The claimant used the defendant courier
company's services to send a parcel
containing jewellery, dress and bottle of
perfume to Prerna Kanwar Pabbi
of Reading. The defendant has admitted that
they have lost the parcel yet refuse to
compensate the claimant even though the
parcel was fully insured. The value of the
items sent was £179. The delivery fee was £10
(which included insurance).The claimant
seeks full reimbursement of £189 (item value
plus delivery fee)plus interest pursuant to
section 69 of the County
Courts act 1984.I will provide the defendant
with separate detailed particulars within 14
days after service of the claim form.
The claimant claims interest under section 69
of the County Courts Act 1984 at the rate of
8% a year from 02/11/2020 to 12/12/2020 on
£189.00 and also interest at the same
rate up to the date of judgment or earlier
payment at a daily rate of £0.04.

 

Looking forward to hearing from you before I pay the MCOL fees.

 

Another issue is I don't have the receipt for the dress I sent as my wife bought it cash and had put the gift receipt in the parcel so that it could be exchanged if required. The perfume bottle was a gift which was being passed over so don't have a receipt for that either. Only have the receipt for jewellery.

 

Thanks

 

[IKS]

11 minutes ago, IKS said:

I will provide the defendant
with separate detailed particulars within 14
days after service of the claim form.

 Thanks for your prompt response.

 

Should I delete the detailed particulars part then as there is no further information than the emails exchanged between them and myself for discussing the lost parcel ?

[IKS]

Hi,

I wonder if not having receipts would make my case any weaker though I have the tag of the dress which was sent.

 

Thanks

[IKS]

The items were a present for my wife's friend for her 40th Birthday.

[IKS]

My wife had purposely purchased the dress by cash so that her friend didn’t have a problem to return, exchange or get money if she didn’t like it. The gift receipt was put in with the package and the cash receipt is lost.

[IKS]

Hi, 

I have made the MCOL payment and filed the claim. Should I now print the PDF letter and send it by recorded post to Hermes?

 

Thanks

[IKS]

The Claim status says requested so maybe I need to wait ?

[IKS]

I meant when and which letter would I need to serve on the defendant? What do I do now that I have made the payment.

 

Thanks

[IKS]

Sorry, my bad I got POC and service of documents going on in my mind. Thanks for pointing out to the respective links to me and thanks for your patience.

 

Regards

[IKS]

Got the defence & counter claim while I was away from the Country and have my mediation call on Tuesday 6th April at 2pm.Any suggestion on how to proceed would help.

 

That's my claim

 

The claimant used the defendant courier
company's services to send a parcel
containing jewellery, dress and bottle of
perfume value £179 to a UK address. .The delivery fee was £10

Tracking number XXXX.

The defendant has lost the parcel yet refuses  to
compensate the claimant.
The claimant seeks reimbursement of £189 plus interest pursuant to
section 69 of the County
Courts act 1984.

 

 

The defence and counterclaim:

The defence states: I have been put to strict proof as to the value of claim.

The defendant denies liability.

Some parts of the claim are admitted:i.e. claimant entered into a contract with defendant. Second sentence is admitted. Third to sixth sentence are neither admitted or denied 

 

Excluded items: The terms of contract exclude the defendant's liability as the parcel involved a parcel that we do not accept for carriage. The goods involved are prohibited or excluded items. Def. denies any compensation as contents had an excluded item. the claimant knew or ought to have known existence of  excluded items.

 

Then usual limit or liability clause:which limits the liability to 20gbp and then in the end the defendant states:

 

as the claimant did not opt to increase the level of compensation for the parcel and therefore, pursuant to the terms of the Contract the claimant is entiteled to maximum compensation in the sum of 188.96. The claimant states in the claim form that she is claiming 214gbp. However, as explained above, it is denied taht the defendant owes the claimant this amount because the parcel contained an excluded item which is exempt from compensation.

 

 

[IKS]

Thanks for your quick response. In fact as part of defence they have tried to mislead by not acknowledging the fact that I had paid 9.96 for delivery which included insurance up to the full amount of the parcel contents.

 

I am going through the sub forums too which is really helpful.