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My Hermes lost parcel but won't pay as no additional insurance was taken out


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Hi

 

I have an issue with Hermes, I returned printer ink worth £60 via Hermes. I declared it was worth £60 when sending however I forgot to click the insurance box.

 

Following numerous emails and a threat to take them to court I have finally been refunded £20 from my Hermes as this is all they say they will refund as I didn't take out additional insurance. I declared the item was printer ink worth £60 and sent proof of cost at time of booking and My Hermes agreed to take my parcel even without additional insurance.

 

I have used My Hermes hundreds of times and always took out insurance until this time and not one parcel has ever gone missing until now. Strange that the one parcel out of hundreds sent, the one that didn't have insurance was the one to go missing?!?!

 

Do I have a case to claim the remaining £40 or as I forgot to tick for extra insurance do I put it down to experience and move on?

 

thanks for any advice

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First of all I should say that it's probably just a coincidence that you didn't ensure and at the same time they lost the parcel. I think you should disregard it.

You say that you've been refunded £20. Have you agreed that this is in full and final settlement? Have you accepted the £20 and on what terms?

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The money was paid into my bank however I emailed them to say I was not happy with this and wished to claim for the remaining £40 that was owed. They emailed back to say due to no extra insurance being paid to send the item they are only entitled to pay out £20 plus postage which is what they have done. 

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Okay. Thank you – that's fine.

I'm afraid that even for such a small amount of money, it's going to be absolutely necessary to start a small claim in the County Court. Hermes will spend far more than the claim is worth simply to try and crush you.

I would suggest that you spend this afternoon and maybe some of tomorrow reading up on the Hermes stories on the sub- forum so that you understand how it all works. It is by and large always the same story.

Understand in particular what we have to say about requiring insurance to protect yourself against their own negligence or the criminality of their employees – because this will be their main point of defence.

Also, have a look at people's accounts of their mediation experience. It is likely that your case will go to mediation and that is where Hermes will try to knock you down and get you to compromise.

Frankly you are claiming for such little money that I would recommend that you stand your ground and tell Hermes that you are happy to go to court and obtain a judgement which will drive a nail to their insurance argument and which will then be published on this forum and elsewhere on social media.

Also, read up on this forum about the steps required to bring a small claim in the County Court. It's very easy but it is worth understanding the steps in advance so that you have confidence.

There will be a fee – for the amount you are claiming I think the County Court fee is £25 and then there will also be a hearing fee of about £25. It's crazy because you will be investing £50 in a claim only worth £40 – but assuming that you win, you will get your money back. Of course Hermes will try to get you to compromise and generally speaking they try to get people to bear their own court costs. Once again, you should stand your ground and refused to compromise at all. Particularly in your case, it would be worth your while sacrificing your court costs and accepting 40 quid – because you would still be £10 down.

Have a look at the reading I've proposed and then come back here. If you understand it and you want to go ahead then we will support you all the way. However, don't imagine that sending a letter of claim will suddenly produce results. It won't. It's not a bluff. If you give them 14 days before taking legal action then you can be certain that on day 15 you will have to click off the claim.

Do the reading and let us know.

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Posted (edited)
Quote

Thank you, I have read all the posts on here which is what prompted me to post. I know it is a very small amount compared to what others are claiming but for me it is the principle of the issue. I don't get a quote from a decorator for £300 to decorate my living room but to ensure he turns up I need to pay him £350. It is the negligence and incompetence that has annoyed me and I am grateful I can take it further, I say, between us, it isn't the money more the principle that they were trusted to do a job and failed. I did email them to say if the monies were not reimbursed by w/c 8th March I would be seeking court action so this part is already done. Do I need to apply for mediation or can I just open a small claims court case? If so please can you advise the steps I need to take to begin the court case? Many thanks again 

 

Thank you,

I have read all the posts on here which is what prompted me to post.
I know it is a very small amount compared to what others are claiming but for me it is the principle of the issue.

I don't get a quote from a decorator for £300 to decorate my living room but to ensure he turns up I need to pay him £350.

It is the negligence and incompetence that has annoyed me and I am grateful I can take it further, I say, between us, it isn't the money more the principle that they were trusted to do a job and failed. I

did email them to say if the monies were not reimbursed by w/c 8th March I would be seeking court action so this part is already done.

Do I need to apply for mediation or can I just open a small claims court case? If so please can you advise the steps I need to take to begin the court case?

Many thanks again 

Edited by BankFodder
Restructured to make it readable
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Please could you let us have sight of the message which you posted threatening to bring a court action.

In terms of mediation, this is selected by Hermes after the papers are issued.

Please follow the links relating to starting a small claim in the County Court and this will give you the basics.

Also you will have to register on the moneyclaim online County Court website and start drafting your claim there. You can save your work as you go. Post your draft particulars of claim here before you click them off but they should be very brief. If you have done the reading and you will see some examples

Even though this is a small amount of money, this will be a valuable learning experience. You will acquire useful transferable skills which will give you confidence to sue anybody else who gets in your way.

What's not to like?

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By the way, your last post was put up in a solid block of text. This is difficult for people to read – especially on a small screen.

Please can you make sure that you space your posts so that they are more accessible.

 

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Thank You BankFodder 

 

This was the response I sent to My Hermes on 2nd March 

 

Quote

 

Hi Gavin

 
Thank you for your email, I was a regular user of My Hermes and every time I sent a parcel I always paid for insurance. The one time I forgot to click the box is the only time my package went missing. Strange that if I had paid more, the package would have probably arrived. 
 
If I book a plumber to fit a radiator in my house and he says the job will cost £200 he doesn’t then say but if you want to guarantee I will turn up you need to pay me £300. 
 
I entered into a contract with My Hermes to send a parcel that I declared was printer ink and the value was £60. 
 
My Hermes chose to accept this contract and then lost my package due to negligence or criminality.
 
First My Hermes tried to say I wasn’t due a full refund due to not ticking the insurance box, then they stated as I was sending liquids this was on a list of prohibited items and I wouldn’t receive anything. 
 
Either way I am not trying to claim for anything I am not owed. The fact I have been paid £20 plus the sending fee indicates acceptance of the liability. 
 
I understand mistakes can happen and things can go wrong but it is how a company rectifies these mistakes and errors that count. 
 
I stated in an earlier email I was happy to continue using My Hermes provided I was reimbursed for my lost package. 
 
I have sought legal advice and as I was honest with My Hermes about the contents and the value of the package at the time of booking I am entitled to be reimbursed regardless of what amount I paid to send the parcel. By taking payment from me, My Hermes entered into a contract to deliver my package successfully. 
 
As stated in an earlier email I have received part payment and I will begin court proceedings for the remaining £39.40 if that is not reimbursed by 8th March 2021
 
I trust your company will do the honourable thing and pay out what I am owed. I don’t see why I should be out of pocket for trusting your company with my item. 
 
Kind regards
 
 
XXXXXXX

 

 
 
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This was the email from Hermes that I sent the above reply to

 

Reference: .............

Parcel ID: ................

Subject: BE FW: Hermes Tracking number ................

 
You recently requested our assistance through the online support pages. Below is a summary of your request and our response. If this issue is not resolved to your satisfaction, you may reopen it within the next  7 days. Thank you for raising this with us.
To access your question from our support site, click here
 
 
Response By E-mail (Gavin Drurey) (02/03/2021 03.34 PM)
Dear XXXXXX,
 
Regarding your Hermes parcel:
 
My name is Gavin and I respond to complaints on behalf of the Executive Office. I have been asked to follow up your complaint in the absence of my colleague.
 
We advise all shippers sending parcels through our network to take out the appropriate level of compensation to cover the cost of the goods. The correct level of insurance will insure your parcel for any loss or damage caused whilst in our network as long as the goods are allowed through our network.
 
Kind regards,
 
Gavin Drurey
Hermes Executive Office
Hermes 1 Capitol Close Morley Leeds LS27 0WH
 
To access our Customer Services Team please follow the steps below;
 
Visit our Contact Page on Google Chrome:  https://www.myhermes.co.uk/help-and-support/contact-us 
• Click on the get in touch button
Provide us with the details of your query to get a quick, personal response from one of our dedicated parcel people in your local area
• If you still want to speak to someone, you can choose this option too by adding a contact telephone number.
 
On the rare occasion you are unable to speak with one of our Customer Services Team, you can also contact the shipper/Retailer directly and they can get in touch with us on your behalf.
 
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please remember you must redact info that can be used to ID you here...i've done it above for you.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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12 minutes ago, dx100uk said:

please remember you must redact info that can be used to ID you here...i've done it above for you.

Thank you

 

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Okay – that's a reasonable letter of claim. A bit wordy and some unnecessary information in it. Also, misses the point that their insurance requirement is an unfair term and unenforceable – but it will do.

In that case, register on the County Court moneyclaims service and start drafting your claim.
I suggest as your particulars of claim
 

Quote

The claimant used the Hermes delivery service to send a parcel of printer ink value £XX to an address in the UK – reference number XXX. The defendants lost the parcel and have reimbursed the claimant £XXX but refuse to reimburse the balance. The claimant seeks full reimbursement of £XXX plus interest pursuant to section 69 County Courts act 1984 + costs.

 

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  • BankFodder changed the title to My Hermes lost parcel but won't pay as no additional insurance was taken out
  • 1 month later...

UPDATE

- I filed a small claims via the moneyclaims services and I have finally had a response saying My Hermes are defending the claim as I chose not to take out insurance so therefore the claim is not valid.

 

I have been sent a mediation form to complete if I wish for it to go to mediation. If I choose to go down this route I need to complete the form and return it by 7th May.

 

I have paid £25 small claims fee to start the original process, if I go down the mediation route can I still claim for the remainder of my loss AND the £25 fee I paid to start the claim? 

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Okay, same old nonsense – but although it's probably the same please could you post up the defence in PDF format.

You may as well go to mediation. That is where Hermes normally settles.

Also please will you post up the particulars of claim that you actually used.

Let us know when you got mediation date. In the meantime of course, read up on this sub- forum – all the Hermes stories. Also there are several excellent summaries of people's experience at mediation and you will find them very helpful.

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I suppose you probably think that we are being a bit impatient about this, but we give our help free of charge – and at least we would expect documents to be presented in a reasonable way so that they are clear and complete and not a cobbling together of bits and pieces in the way you presented.

Please could you scan your documents in PDF format. If you don't have a scanner then you should get one. The very cheap but if you prefer not to go to that then download the app Adobe scan and post up the file please.

I don't think it's unfair to expect you to do this.

Thank you

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Thank you for your reply,

 

I do not have a scanner so I have had to photograph the information and then convert them to a PDF file as you requested.

I have photographed each page as it was sent to me but cropped out any personal information as instructed by yourselves.

 

I am aware your services are free of charge and I have been very grateful for your help and intended to make a donation to your site once my claim was settled however, I have found your latest response to be rude and insulting.

 

To suggest I simply buy a scanner for the purpose of sending you 1 document isn't financially beneficial to me at all.

 

Not everyone is a technical genius when it comes to uploading documents.

 

As I said earlier I have been grateful for your assistance in the past and thank you for the help. 

  • Thanks 1
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If that means that you're going to go it alone then good luck. I wish you every success.

Make sure that you read or you have read the Hermes stories on this sub- forum and also the mediation summaries because you will find them extremely useful.

 

 

And by the way, a scanner costs about £70. The app Adobe scan is free of charge. The cost you the advice that we give if you were to get it from a professional solicitor – if they could be bothered to help you – will probably be about £300 an hour.

Of course we are very happy to accept donations but that is up to the individual. Most people don't bother to donate anything but we are still happy to help.
Our objective is to give people like Hermes a slap.

I hope you succeed and that you will be able to deliver your own slap to them.

 

And in fact you could save your donation and and put it towards buying a scanner instead.

If you buy a scanner you have it for years and years and it will be useful for all sorts of things.

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