Jump to content

  • Tweets

  • Posts

    • Fraudsters are using the details of firms we authorise to try to convince people that they work for a genuine, authorised firm. Find out more about this ‘clone firm’. View the full article
    • Ok so here is my revised draft :  Any thoughts please....   PCN – Date/time of contravention- 10/11/20 : 15.03 Date of issue – 20/11/2020    Dear Will & John.   I must admit I was in awe of receiving a letter from your esteemed law firm thinking what have I done to deserve such an honour. Perhaps you have discovered a long lost relative has left me a fortune in a will and I could give up work to pursue my love of goat farming using the money to set up a small holding in the outer Hebrides producing fine cheese and goat hair sweaters. Alas no! In bold letters it stated Letter before action almost if one had to get ready for battle and my power ranger pyjamas will have to be on a boil wash first before I can even think about action. Anyway I digress after further research I discovered this is in relation to some parking shenanigans of which I have no knowledge of  and for a place I've never been to so as the private parking world's best solicitors you should be aware, I know that you know a case isn't going anywhere on the facts as presented. I may add that that not all is lost, as I used your letter to line the cat litter tray. Mr wiggles is most pleased with his firm and absorbent lining beaming happily away as he does his cat business before securing a warm spot in front of the fire as we sit down to watch cash in the attic. Good luck with the soliciting business I hear it can be quite lucrative. P.S – it is uncle Herbert who apparently left a fortune so if you do come across him please let me know…   Regards Mr …..      
    • One more analysis, from the Independent's health correspondent.   https://www.independent.co.uk/news/health/coronavirus-deaths-nhs-delays-boris-johnson-b1790208.html
    • I have added the attached [Arguments] So my first 6 pages should hit home, especially with the judge.. Its a big document, but hopefully he wont need to go past Exhibit 06. After that, its all downloaded cases &  etc..but all relevant if he needs them..     Arguments.pdf
    • Amongst the media assessments of the government's record on Covid and doing everything it possibly could, Led By Donkeys have done a good video summary.   https://twitter.com/i/status/1354189403263008769  
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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. 
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
      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!
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Lost valuable parcel with Hermes

Recommended Posts

Helo @Bank Fodder,


I need your help about my missing parcel with Hermes.


I sent a parcel  using next day delivery from Hermes Parcel Shop (Unique Within The University) in Birmingham University on Monday, 7 of December 2020, at 12.11 PM,  to my home address in Kings Lynn, Norfolk.
Up until today, the tracking app indicates that my parcel is still at this shop. 
I opted for no Insurance because they only covered max £300, so I thought there's no point to insure it.
On the 11th day (18th of December 2020) they declared that my parcel is presumably LOST, and they sent me a claim form.
The parcel was a Limited Edition folding bike , the market value today is between £3.000-£4.000 from collectors, I can only provide the receipt from the shop that mentioned £2.250.
The claim form from Hermes didn't allow me to enter any amount over a £1000, so I put £1000 in the claim form and submitted it. They asked for 28 days to assess the claim, with a promise that if they found my parcel, it would be sent to me.
presently , I haven't heard anything back from Hermes.
My questions:
1. Am I allowed to take any (legal) actions towards Hermes during this 28 days, such as small claims or choose  representation to deal with this matter?
2. If the refund from Hermes does not cover the actual price of the bike, am I allowed to reject it and request a different claim action?
3. Is it possible for me to ask for a refund up to the current market price, because I can no longer find the same item  at it's original price, and this bike actually belongs to someone else. I need to find the exact same bike in order to return it to the owner.
I have all the proof of written communications between me and Hermes up until they sen me the claim form. I did ask them to access the CCTV from the shop, but they didn't reply.
If you could represent me dealing with this matter, it would be a great advantage.
Kind Regards,
Link to post
Share on other sites

Firstly am afraid that we don't represent people at court hearings or anything else. We try to provide material and support to empower people and encourage them to stand up for their own rights.

We find it is very successful. Litigants in person generally speaking are far more motivated by Grudge – then paid professionals who quite frankly are pretty limited and prefer to get involved in correspondence which allows them to chalk up a regular hourly fee with no guarantee of any results.

I'm sorry about the loss of your bike. Have you any photos because I be variously to see what it is.

Also, I would suggest that you start keeping an eye on eBay and also gumtree – and anywhere else where these things might be sold off. I have no doubt that it has found its way into someone's possession and will eventually find its way on the market.

Please read the Hermes fence on this sub- forum to see what we say about the necessity – unfairness – of having to buy insurance to ensure Hermes against the negligence or criminality of their own employees. We think it is an unfair requirement and unenforceable.

The most important issue here is whether you declared it correctly – in particular the value. What value did you declare? I'm not talking about the claim form. I'm talking about the value that you expressed when you arrange the delivery.

We take the view that a contract is between two parties where they agree to carry out a particular task in return for a certain price. That means that if you declare a value of your bicycle at £300 then Hermes agrees to carry a bicycle of that value and if they lose it for any reason then I'm afraid that that is probably the extent of their liability.
As much as I distrust Hermes, I think that there is probably a fair assessment of their liability.


If Hermes eventually make you an offer and you aren't satisfied with it then of course you are free to knock it back and to continue with a claim for a larger sum. However, if you then lost the claim for the larger sum you would probably also not be able to return to their original offer.

The facts of your case are pretty normal – and we have succeeded, I think, in every claim that we have helped to bring on these facts. However, and outstanding differences the value of what you are claiming. Normally speaking Hermes prefer to go to mediation and then they settled at mediation with a half-hearted attempt to reduce the amount claimed – and so far we have managed to withstand those attempts to negotiate – except for one recent case where somebody agreed to settle without recovering their court costs.

However, if you are looking for some of more than £2000 or £3000 – then I think it's extremely likely that they will go to court.

This could be very interesting from our point of view – especially if they try to rely on the fact that you didn't buy any insurance. We are itching to find a case where we can get a judge to agree that the insurance requirement is unfair because that would put a coach and horses through Hermes argument – and also the rest of the courier industry which relies on the same business plan.

If you gives a bit more information then we can be a bit more specific.

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.

  • Have we helped you ...?

  • Create New...