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Want to do a DSAR to Hermes to find receipt of pick up - will this work?


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Hi all.

Long story cut short:

  • Sent two items back to Amazon in May 2020 in one package
  • They state one item arrived and a 'plastic dirty bottle' was in place of one of the item.
  • Amazon asked me in an email if I wanted the 'bottle', I replied that I most definitely DO want it. It never arrived.
  • I've battled HARD with Amazon Live chat and on phone since - all to no avail - just spoke to an advisor now who admits that the two 'investigations' they have carried out amount to 'Is the item with us? No, therefore no refund'. They advised if they are to look again then I should file a Police claim for them to look again. The lady on the call said that I can't have details of the investigations or the return of the bottle.
  • Sent a DSAR to Amazon but got a letter saying it is the wrong department (I think,  I need to check the letter I received. Ultimately I didn't get my info)
  • I have lost the receipt of pick up from Hermes so plan to do a DSAR.

Can I ask if a DSAR will 'work' / get what I want?

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Why did you return the items to Amazon? Who made the return arrangements?

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I returned both as they weren't up to scratch - thermal cameras (£320 in total). Re return arrangements - with Amazon you select to return, choose the option (Royal Mail, Post Office of Hermes) and then print the paperwork.

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So they were returned because they were defective and you used Amazon's own arrangement and prepaid label?

How long after you received them did you return them?

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Thank you.

I suppose that you're not really going to like what I'm going to say.
You've been here since 2006 and yet you still don't seem to understand all the basic rules.

 

What makes you think that Hermes are the people to go up against here?

 

 

Why do you accept Amazon's response to your SAR that you have gone to the wrong department?

 

 

These answers are freely available to you on this website and it simply needs a little bit of searching and reading.

Have a look at the two links which I've posted above, get to understand the situation and then come back here if you would like to take control

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No problem about what you say - quite simply I am slow at learning, I'm not happy about this but it's just the way it is. I get comments like yours quite often - I just try my best.

 

Why do you accept Amazon's response to your SAR that you have gone to the wrong department?

I haven't, but work and family take up 99.9% of my time, it is only now that I can make a start on issues such as this.

 

What makes you think that Hermes are the people to go up against here?

I don't think that, but I do think that obtaining the proof that they picked up the items a necessary tool in which to attack Amazon.

 

My thread on the Amazon issue is here:

Your excellent comments, which I did not get around to, yet, were:

I doubt whether there is any intention.  The simply don't get many of them and it hasn't been properly routed.

 

Complain to the ICO and also send them  a reminder/warning in order to establish a paper trail.

 

Edited by craigten
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So please read the posts and then come back here and we'll decide what to do

Also, when did you send Amazon the SAR and how long ago did they knock you back with their response?

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Okay, hopefully you've managed to read around those posts a bit and so things are clearer for you.

Firstly, on the subject of the SAR which apparently Amazon batted back because you had sent it to the wrong department, you will see from the reference I posted that once your SAR hits the company then they have a duty to make sure you go to the right place. Even if there are a number of associated companies, they have a duty to make sure that everybody in that group gets a copy of your SAR and provide you with your disclosure.

It's called "cascading" and this means that Amazon are in breach of your SAR by declining to satisfy and instead telling you that you have to send it to another department.

This demonstrates poor staff development on GDPR by Amazon – and I can tell you that they aren't the only one. We are dealing with virgin at the moment and have just obtained a judgement against them for breach of SAR on a claim for £200 for distress.

On the matter of Amazon's liability or Hermes liability, Amazon are the retailer and you found that the item you return to them was defective and you returned it within the first 30 days. Used their own return system and their own returns label to return it and this means that it was in the hands of Amazon at every step. You followed the directions on the matter and if it was lost by Hermes then it's Amazon's fault for choosing Hermes. Amazon are not allowed to pass the buck onto Hermes.

The second top reference that I posted for you is a case that turns on exactly this point and in fact the OP was intending to proceed against Hermes but we suggested that he would be better off proceeding against Amazon – which he did – and I'm pleased to say that he didn't even need to issue proceedings. Amazon folded within a couple of days of having received the letter of claim. They are preparing to reimburse him over £1800.

Clearly the negligence has been committed by Hermes – but I think it will be much quicker and much more straightforward to proceed against Amazon.

Notice that once again Amazon are trying to duck the issue. First of all they have told you that the loss of the item is not their responsibility and you should proceed against Hermes. Secondly, they have unlawfully declined in SAR and told you that it's your fault and you have to go to a different department.

If you want help to proceed against Amazon then of course we are very happy to help you.

I expect that it will take a complaint to Amazon telling the are not happy with the decisions both on passing the buck to Hermes and also passing the buck on the SAR. I would give them about seven days and then I would send them a letter of claim giving them 14 days.

Whether they will change their mind as quickly as they did on the recently solved case, I don't know but you are only after about £300 or so and Amazon put up their hands very quickly to £1800 so I suspect that it wouldn't be very difficult.

I'm sorry that you waited so long since May to sort this out. Come to us more quickly next time.

Let's know what you want to
.

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Please will you address my question as to the date etc of your sar

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Incidentally, your complaint to Amazon should relate to both issues – the breached SAR request and also the failure to reimburse you for the lost item.

If you bring a legal action then I suggest that you would be bringing a legal action in respect of both them.

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