Hermes agreed to refund, but 2 months later, no payment

[TheV5]

Hi all,

 

I'm not sure how to proceed with Hermes not refunding me for a lost package.

 

I returned a pair of sunglasses to M&M Direct via their returns system with Hermes at a cost of £2.99.  The item was tracked as far as being picked up from the drop off point and then nothing (I suspect stolen). Hermes after 6 weeks of emails said they would compensate a total of £52.99. I questioned this as the glasses cost £69.99 and there was nothing obvious about £50 liability only. Anyhow, I gave them my account details where to transfer the money. 7 weeks later, there is still no payment. I have emailed them (calling them goes nowhere and costs a fortune), I got one response saying it was my fault for not reading their T&C's as to why it was only £52.99. I have repeatedly asked for them to refund me. But I have not even had a response from them for almost a month. I would at least like to get some money back from them.

 

Many thanks.

 

 

[BankFodder]

Well you've been here since 2009 and I don't understand why you didn't come to us before.

I also don't understand why you didn't simply make a claim against the retailer – and you could still do this.

I'm assuming that you bought these sunglasses online and that you were returning them within the distance regulations cooling off period. Is this correct?

Having used their own system for returns – and presumably having an RMA number as well, they are entirely responsible. How did you pay?

Secondly, if you want to proceed against Hermes instead – then this is absolutely fine as well – and there is no need to accept the reduced settlement. You can proceed for the entire figure.

You say that Hermes agreed to compensate you. You have this in writing? Please could you post it up here in PDF format

[TheV5]

Hi there,

 

I was making progress with them up until before Christmas, then Christmas happened and work was very busy on the run up to Christmas.

 

The sunglasses were too big, as in the distance between the arms was huge!  So I suppose technically the cooling off period.

 

I can't save the email into PDF, but have copied and pasted the relevent text below.  In essence, they have agreed to pay, have not yet paid and will not respond to me!

 

Many thanks

 

_______________________________________________________________________________________________

Good morning Tim,

Regarding parcel number: 3498103071784991

Thank you for sending us your completed claims form.

I am sorry for the delay in responding to your e-mails and for the frustration this has caused.

We are pleased to confirm that we have today accepted your claim for £52.99

• compensation : £50.00
• myHermes postage: £2.99

To allow us to make the payment, please provide the bank sort code, account number and your name as it appears on your bank records within 14 days.

Please ensure you do not provide your long card number as we do not require it to process your payment.

On receipt of your bank details, please allow 3-5 working days for us to pass your details to our Finance Department. You will receive a further email confirmation when your claim has been completed.

Kind regards,

Kimberley Sharkey

Customer Services Advisor

Hermes Returns Support Team
Hermes Customer Services
Hermes, a trading name of Parcelnet Ltd, Registered in England & Wales no. 3900782.
Registered office: Capitol House, 1 Capitol Close, Morley Leeds LS27 0WH.

[BankFodder]

Have you any idea why they reduced the value of the claim by about 17 quid?

[TheV5]

3 minutes ago, BankFodder said:

Have you any idea why they reduced the value of the claim by about 17 quid?

They state that their maximum compensation is £50 plus the cost of the postage at £2.99.

After going through their T&C’s, it is stated that their liability is £50 (this is about halfway down).  But 1) this is not stated anywhere beforehand and 2) there is no option to extend the liability cover.

 

[BankFodder]

What I would suggest that maybe the thing to do is to send them a letter of claim and remind them that they lost an item value £69. They promised you a payment of about £50 which you accepted in order to save further trouble and inconvenience. The money has not been paid as promised and if it is not paid within 14 days then you will issue a claim in the County Court for the entire £69 plus interest plus costs and without any further notice.

If this appeals to you then first of all make sure that you have read up on this forum the steps needed to take a small claim in the County Court. Make sure you have read the various threads on this sub- forum about how it goes when you sue Hermes.

If you are prepared to go ahead and sue them then draft a letter of claim and post it here so we can check it.

After that register on the court service moneyclaim website and prepare your claim. You can save your work as you go. Draft a particulars of claim and post it here so we can check that as well.