Hermes lost £350 Bean-to-cup coffee machine being returned to retailer **WON**

[littlepitch]

I purchased a bean-to-cup coffee machine from Appliances Direct for £349.97. Unfortunately it was too big for the intended space in our kitchen so I returned it using Hermes. I didn't take out their insurance.

 

I left the parcel at my local drop-off point and Hermes collected it. After a week it wasn't delivered back to the retailer so I contacted Hermes and they confirmed that it was lost in their depot. They sent me a claim form which I completed and returned.  I have recently heard from Hermes that they will compensate me just £20 plus postage costs. I am losing out because I didn't insure against their negligence.

 

I have seen many other instances on this forum of similar occurrences with Hermes and I feel I am being subject to their unfair Ts & Cs. Will I win a small claim against them?

 

I have drafted out a letter before claim and would be grateful if someone could review it before I send it.  Also, is email correspondence sufficient?

Hermes Letter before Claim.pdf

[littlepitch]

The return was organised by me in response to the retailer's email. Here the relevant extract:

 

We do not cover the postage cost of returning unwanted items, however we would recommend using the following website https://www.myparceldelivery.com/ which will provide you with details for several different courier services and allow you to compare prices.

[littlepitch]

I have already read some of the threads about Hermes on this forum which is what convinced me to go ahead with my claim.  The fee for the amount I am claiming is £35 if done online, so yes, I want to proceed and will continue reading up on mediation and unfair contract terms.

[littlepitch]

I'm not sure how relevant this is but when I returned this coffee machine using Hermes, I also returned a bread machine at the same time. Both were picked up together and both were lost.

 

The difference is that the bread machine was being returned to Amazon and they refunded the costs (less postage) as soon as the tracking indicated that Hermes had collected the parcel.  Both items remain lost.

 

I don't know whether introducing this would enhance my case or just cloud the issue. Any thoughts?

 

Any comments about my letter before claim?  It's a pdf at the top of this thread.

[littlepitch]

Yes, Amazon supplied the label. That's the reason I chose Hermes for the coffee machine.

[littlepitch]

I'm quite relaxed about 28 days, I'm in no hurry.  I got the template letter from Which so decided to use it. 

 

Also, if Hermes are keen for me to go ahead,  then I'll do the opposite and wait for 28 days before starting my claim. 

[littlepitch]

No duplicity intended. I only used the Which template because I couldn't find one on this website. I definitely will stick with CAG through the process. Thanks for your advice so far. 

[littlepitch]

So my 28 days are almost up and I am getting ready to begin my claim against Hermes.  I have attached my draft particulars of claim and would be grateful for any feedback.

Particulars of Claim.pdf

[littlepitch]

Thank you for your feedback.  I have just submitted my claim. I will keep you posted on events.

[littlepitch]

So here, finally, is Hermes Defence.

Hermes Defence.pdf

[littlepitch]

My mediation appointment is 1st July.   I have read up on mediation and feel ready to stand my ground.  Will advise on the outcome.

[littlepitch]

Thanks Bankfodder for your advice on mentioning the bread machine. I certainly will.  It's interesting that when I claimed a refund from Hermes they just rejected my claim and referred me to Amazon. They must know that Amazon issue a refund as soon as the returned goods enter the Hermes system.  Another example of Hermes profiteering from losses.

[littlepitch]

Had the mediation which was quite painless. I am obliged to keep the agreement confidential, however I feel that I can say that the mediation followed the same pattern as other cases on this website. A bit of to-ing and fro-ing, I stood my ground and ended up a happy man. 

 

Thanks Bankfodder for your guidance.  I am making a donation. 

[littlepitch]

This sentence appears in the agreement issued by the mediator:

 

The parties will keep the information contained in this agreement confidential and not use it for any other purposes.

[littlepitch]

The mediator began by asking me if I was willing to compromise in order to settle today.  I replied that I was willing to compromise by not going to court. The mediator then asked me to put forward my case.  I asked if she was aware of the history and she said that she was not.  I briefly explained that Hermes had lost my coffee machine but refused to pay more than £20 because I had not taken out their insurance.  I said that this was an unfair contract term according to the Consumer Rights Act 2015 and that I was willing to go to court if Hermes refused to pay up.

 

The mediator then called Hermes and called me back about five minutes later. She said that Hermes were not offering to pay me because I had not taken out insurance.  I repeated my position about an unfair contract term and my willingness to go to court.  I also mentioned the fact that the bread machine was lost at the same time was too much of a coincidence and pointed towards criminality.

 

The mediator called me back again after speaking to Hermes.  Hermes now said that their maximum payout would be £300 even if someone had taken out insurance and that is what they were now offering me.  I said that this was still not acceptable and I repeated my position about an unfair contract term and my willingness to go to court.

 

The mediator called me back again after speaking to Hermes.  This time Hermes offered to pay the full amount plus my court fee of £35.  I didn’t bother insisting on the interest as this was only £2.

 

The whole process took about 35 minutes and the written agreement was issued by the mediator about 20 minutes later.  I did not feel under pressure from the mediator at any stage.  In fact, she remained impartial the whole time.