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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. 
       
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      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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Hello,

 

Hope you're all well and safe.

 

I'm hoping someone can help with the issue I am having with Sportsshoes.com and Hermes.

 

I bought an item from sportsshoes.com in October for £197.99. It was a size medium and too small, so I arranged for an exchange through their website, booking a return via Hermes courier, paying £2.94. See attached screenshots for proof or purchase and confirmation email.

 

Hermes collected the item on 4th November, and it duly was. It never got scanned at the depot and Hermes have looked into and declared the item lost. 

 

Since then I have tried to process a claim through Hermes for the lost item but they keep referring me back to sportsshoes.com, saying as I arranged the collection through them they are responsible. 

 

Sportsshoes.com insist there is nothing they can do as because I pad for the collection of the item my contract is with Hermes. 

 

Neither is taking responsibility and I’m just going back and forth now with each telling me I have to go through the other. 

 

At the very least, I feel I am owed £50, as per the note when booking the collection through the Sportsshoes.com link, see attached pic.

 

Who can I claim through, and what can I do to escalate this matter as its incredibly frustrating at present. 

 

Any help would be hugely appreciated.

 

All the best. 

Screenshot 2020-12-16 at 11.00.52.png

 

hermes proof of purchase.jpg

 

Screenshot 2020-12-16 at 11.06.27.png

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So I understand that this is an online purchase and that you notified the supplier within 14 days and used their website to arrange the return. Their website produce the label and Hermes was their preferred courier.

Sportsshoes.com are now declining liability.

I'm not too sure why you've been trying to claim against Hermes – although they are certainly a potential candidate to repay your money, but the main legal liability is very clearly with sportsshoes.com and frankly they are completely out of order to try and avoid responsibility – particularly on the grounds that you are the person who contracted with Hermes.

SportShoes.com are subject to the Consumer Contracts Regulations 2013 which provides that in most cases an online purchase is subject to a 14 day cooling off period. It seems to me that you've abided by all of the requirements and they should pay you.

I would suggest that you assert yourself and don't accept any further nonsense from them. Are you prepared to sue them in the County Court? We will help you all the way.

Have a look through this forum about the steps involved taking a small claim in the County Court. It's quite straightforward – but it's worth knowing the steps in advance. Make a decision as to whether you are prepared to take this kind of action and then we will help you begin.

I don't think it's worth having any further discussions with SportShoes.com. They are so obviously in the wrong and frankly any company that attempts to wriggle out of its consumer obligations in this way doesn't deserve any more mucking around and you should move straight in and take an aggressive and assertive action

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Hello Bank Fodder,

 

Thanks for the prompt reply to this. 

 

Yes the original item was delivered on 30th October, and the return booked on 2nd November and collected on 4th November by Hermes, when they subsequently lost the item. 

 

And yes I am absolutely willing to take this further, I've never known a situation like this in my life. My bigget problem to date has been trying to ascertain who is responsible here for the loss. 

 

I will have a read around those links but 100% willing to start the process ASAP so please let me know how to kick this off when you can. 

 

Thanks again.

 

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Well you could sue either of them but it will probably be easier to sue the retailer because they have a direct contractual responsibility to you and probably they need a bit of a slap for being so outrageous as to ignore your consumer rights in this way. They are subject to the distance selling regulations.

I think you should write to them – email will be fine – and tell them that they are subject to the consumer contracts regulations and that you are entitled to a cooling off period of 14 days. You exercised your rights under those regulations and in fact used their return system and their preferred courier to return the items.

Despite this, they have declined any liability and have told you to claim from Hermes – their own courier.

Tell them that you are not prepared to accept this and that unless you get a full reimbursement within 14 days that you will sue them for the money, plus interest plus the cost of your legal action.

Put this into a letter of claim and post it here so we can have a look.

By the way, did you pay by credit card or debit card? If you paid by debit card you could begin a chargeback process with your bank and you might get the money back more quickly – although you won't deliver the necessary slap to the retailer. If you pay by credit card, you could claim the money back from them – but that would probably take rather long.

So you have three routes – Hermes, sportsshoes.com or bank chargeback/credit card issuer.

The legal action against the retailer will be most fun and you will acquire some transferable skills so that you will feel more confident about suing anybody else who gets in your way.

Oh how we laughed.

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HAHA, ok game on. I'd like it to stick to them after all this, that's for sure. Neither has been helpful, suggesting i go through the other at all times. 

 

I paid via Monzo so will look at chargeback also.

 

Here is the letter of claim I've put together, is this on the right lines?

 

SportsShoes letter of claim.docx

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You won't be able to sue them and get a chargeback. It's one of the other.

 

Quote

If I do not receive this sum in full within 14 days then I shall issue a claim in the County Court for the full refund plus interest plus court costs and without any further notice.

 

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Yes sorry, I wasn't clear. Was just looking at it, understand both would not be possible.

 

Have amended that letter, thanks. Do I next just simply email that over to their customer service team?

 

With the 14 days coming during the Christmas break, do you advise I still send this now, or should I wait until the new year? Would I be able to submit the necessary documentaion in 15 days time which would fall on NYE?

 

Thanks again for your help.

 

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Send it now. The Christmas break is their problem.

Register with the moneyclaim online website and start preparing your claim. You can save your work as you go. Post a draft of the particulars of claim you are going to rely on here before you click it off. Get ready to click it all off on day 15.

Don't worry about Christmas, holidays, New Year's, Chanukah, Easter, the feast ofthe Ascension or the Assumption – or anything else. Just send them the glad tidings at the expiry of your deadline.

 

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Ha! OK. I hate Christmas anyway.

 

One last thing, was just reading this thread below as it also concerned the deadly duo of sportsshoes and Hermes

 

In this instance you say Hermes are liable, and just wanted to clarify in my own what the difference is in my case? Is that because evidence was found - ie the packaging fond empty by someone?

 

And do I need to post the letter of claim, or is email sufficent in this instance? 

 

 

 

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Email is fine but confirm in writing if you want but if you do confirm in writing, refer to the email – confirming the email.

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Hi BankFodder,

 

I was about to send this letter of claim this morning when i received emails from both sportsshoes.com and Hermes. 

 

Sportsshoes.com have been in touch with Hermes and Hermes are now stating I can claim through them - they've sent through the claim form

 

Can i now pursue Hermes for the full amount? 

 

Thanks again 

 

 

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Sorry but I'm not too sure what you are getting at here. Why don't you post up the message

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Well it's up to you. I think it's an outrageous abrogation of responsibility. It is clearly the direct responsibility of sportshoes.com and there is not even a guarantee that if you put in a claim with Hermes, that Hermes will honour the claim – I suppose in the circumstances unlikely that they won't – but Hermes does not have a good reputation for this kind of thing. Also, you have no idea how long Hermes might take over it.

On the other hand, sportshoes.com have received your money and it's a simple matter for them to reimburse you to the same payment source.

Frankly I would tell sportshoes.com to stick it and to pay you your money – but it's up to you. If you want to continue against the retailer then it would be a good idea to modify the letter of claim – but if not, then by all means pursue the claim against Hermes.

You decide. I think Hermes will take longer

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Surely you would claim from the Shoe shop, who in turn would then need to submit a claim to Hermes for the lost package ??

 

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Absolutely, that's definitely my favourite route as well. I don't know what little plot the shoe shop has hatched up with Hermes – but I would certainly encourage the OP to keep well away from it

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Quote

 

SportsShoes.com

1 The Park

Jubilee Way

Shipley

West Yorkshire

BD18 1QG

 

17 December 2020

Letter before claim

 

Dear Sir or Madam,

 

 

Re: lost Gorewear Jacket, price £197.99 order number 12871904

 

As you know, I purchased  Gore R5 GORE-TEXJacket, under the above order number on 29th October. On the basis of your own returns policy, I booked a return through your website on 2nd November to exchange for a larger size.

The Item was collected on 4th November as arranged with Hermes as your preferred courier, having accessed the link via the sportsshoes.com website.

 

The item was subsequently lost by Hermes.

After having attempted to claim for the lost jacket through yourselves – and having been rejected and instructed to go to Hermes, and having attempted to claim through Hermes and having been rejected by them and instructed to go back to you, I have now decided to sue you for full reimbursement of the price of the jacket and any costs.

I have just received an email from you dated XXX telling me that you have now entered into an arrangement with Hermes and that I should begin a claim against them.

 

You must be joking.

I'm sure you are aware that under the Consumer Contracts Regulations 2013 I am entitled to return an item to you for any reason within the cooling off period of 14 days.
This is precisely what I've done.

You are responsible and you are trying to shirk your responsibilities and you are trying to pass the buck onto Hermes.

If you are having a problem with Hermes – then that is your problem. Not mine. Deal with it.

If I do not receive a reimbursement in full of the value of the jacket £197.99 plus £2.94 postage costs within 14 days, then I shall sue you in the County Court for this sum plus interest plus my court fees and without any further notice to you.

 

Believe me

Signed

 

 

 

 

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I suggest that you send it "as is" – unless you find that this style is not to your taste

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