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Hermes destroyed my parcel, and wont compensate because its on their non compensation list **WON**


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It probably wasn't damaged. It was probably stolen and then logged as damaged and then destroyed - but in fact somebody has got a nice new laptop.

You returned this item to Amazon. Who organised the return? Was this done with an Amazon generated label – or did you make your own arrangements?

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Thank you. Big Fail, then. If you had left it to Amazon then Amazon would have been responsible.

Do you have it in writing that it was damaged and then destroyed?

You need to go through the claims process with Hermes. Hopefully they will confirm that it was damaged and then destroyed. They told you in a phone call I understand – and I suppose you don't record your calls. You won't to read our customer services guide

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Okay was it declared as a laptop – and what was the declared value?

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It's not clear what you're saying. You declared as a laptop. You're not saying what the declared value was. Earlier on you talk about it being insured to £300.

 

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So you declared it as £300 value. Is this correct?

 

You say you're a student. What you studying? Don't tell me you are studying law… Please.

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Okay. You should start reading around the Hermes stories on the sub- forum. You will find references to the various things that I've been asking you about – including declared value – and you will start to understand why it's important to know this.

You will also find out about our position on insurance and why it's unfair. And also there have been two recent cases one involving a good cheap a and another one on going involving a diamond engagement ring where we are referring to the tort of conversion. This tort can only be considered when an item is apparently damaged and then Hermes going to destroy it.

It's very important that you read around and understand the cases and the principles which are being discussed there. It's also important that you understand how these Hermes claims normally go – route they take which definitely involves starting a County Court claim. You will have to do this if you want to have any chance of getting your money back. The chances of getting your money back are good.

You keep getting very pessimistic about the things that you are told by Hermes – I love the innocence of people who listen to what Hermes staff tell them and then believe it. Bless!

 

You should also start reading up about taking a small claim in the County Court. It's pretty straightforward but it's worth understanding the steps in advance. You will be confident as you go through and you will become more self-reliant. This forum is about empowerment – not about spoon feeding

When you read around thoroughly, then come back here and will start to take you to the next stage.

 

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Well if you follow the SAR link, you should learn a great deal.

You find that this forum is plastered with links and they are all there to be followed

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I don't think nsar is it all relevant to you.

I think you still got more reading to go because otherwise you would know what the next step is.

I asked you in a previous post what you were studying but I didn't get any reply

 

 

 

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Why don't we let it go for the moment. Revise for your exam and then have a couple of days off and we will sort it out next weekend.

i think that is much the best thing to do. There is no hurry it won't make any difference.

don't take this as a lack of interest or anything. It simply that they shouldn't be the highest thing in your priorities and the end result of your claim will be the same either way. Although you probably will get your money back if you stand your ground.

 

I'm going to close this thread in order to remove temptation from you and after you have finished your exam may be on Friday then click the report button at the bottom of this post and ask for the thread to be reopened

 

 

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Okay, on the basis that you declared the correct value – £710, I would recommend that the easiest way to go is to sue them for breach of contract – failing to deliver correctly the laptop of that value.

However I would suggest that you put in a reference to the tort of conversion so that if it did go to court, hopefully the judge will issue some remarks about that element of it as well.

When you're ready and you are sure that you want to go ahead, then please post up a draft letter of claim

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How long ago did you launch the formal process?

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Best to give them about 14 days.

Also I think I'm going to change your letter of claim a bit

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Quote

 

Letter of Claim- Tracking ID 9720470248287981
Dear Sir/Madam
As I am sure you are aware, I used your services on Thursday 11th March to
post a parcel containing an ASUS Laptop to the value of £719.10 to an address
in the United Kingdom.
I understand, after conversations with employees of your company and email
confirmation, that the parcel did not reach its intended destination as it was
damaged in transit, and subsequently you made the decision to destroy my
parcel.
Your contractual obligations were to deliver my parcel safely to its intended
destination and these criteria were not fulfilled. Not only have you breached
your contract with me by failing to deliver this parcel, but you have also
breached the Interference with Goods act 1977, by committing the tort of
conversion by destroying my parcel without my knowledge or consent. 

Furthermore you have provided no evidence either of the damage which was caused by your negligence or of the subsequent claimed destuction of my property. You

As a result of what has been outlined above, this is my official notice that I am
proposing to sue for the value £719.10, which was properly declared prior to
my postage of the parcel. I shall also invite the court to award an additional
sum of £100 in acknowledgement of the Conversion.

I also consider that the destruction by you without my authority of my property and then your denial of any compensation amounts to unfair trading within the meaning of the Contract Prevention of and Trading Regulations 2008. You may be certain that this will be brought to the attention of the judge and that the resulting judgement will be forwarded to trading standards as well as widely published over social media.
If I do not receive a reimbursement of £819.10 within 14 days, then I will
proceed to sue you for this amount in county court without any prior notice
Yours Faithfully

 

 

I've made a few edits. Also I notice that you haven't included the delivery costs.

You should include those and amend the letter of claim to reflect that.

We have to be careful about the wording of the particulars

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Something like this, I expect

 

Quote

Breach of contract and/or Conversion, unfair trading
the claimant used the defendant's delivery service reference number XXX to send a parcel containing a laptop computer value £XXX to a UK address.
The defendants damaged the parcel and then  destroyed it with no warning to the claimant and without authority. The defendant's actions are Unfair Trading within the meaning of the Contract Protection of Unfair Trading Act 2008.
The defendant refuses to reimburse or compensate the claimant. The claimant seeks £XXX, the value of the laptop plus a maximum of £100 damages for conversion in the discretion of the court plus the delivery fee of £XXX: total £XXX – plus interest pursuant to section 69 of the County Court act 1989 plus costs

 

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no

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I've made a further modification to the proposed letter of claim above. It is in red.

I thought it might be interesting to introduce this allegation as well of unfair trading

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If you had done your reading around, you would know the answer.

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I have also made some changes to the proposed particulars of claim. You should start preparing your claim using the courts money claim website and make sure what has been drafted above fits into their limited space. If it doesn't then let us know and we will amend it so that it does fit

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This website is about self empowerment. I think we already suggested that you read the stories on the sub- forum and also the steps involved taking a small claim in the County Court.

You don't know the way forward then you will lack confidence. You will handle things much better if you have done the reading so that you understand where to go

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  • 3 weeks later...

Well that's not a bad start – but you can do better.

If they have made the payment to you unconditionally then I suggest that you wait until it arrives and put it in the bank.

After that I would send them another letter of claim pretty well the same as the one you have originally sent them and tell them that in view of their partial refund you are now proposing to sue them for the balance plus you will be inviting the court to make a discretionary punitive award in respect of the tort of conversion.

If you happy go ahead with this then put up the draft letter of claim here. I come in the what we put in the last one but basically is the same wording but slightly modified to suit the new circumstances

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That's fine – and yes, a further 14 days

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  • 2 weeks later...

That's fine but you haven't actually responded as to whether or not you have received the £300 reimbursement.

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Quote

Breach of contract and/or Conversion, unfair
trading: the claimant used the defendant's
delivery service reference number
6200157247452489 to send a parcel containing
a laptop computer value £719.10 to a UK
address. Defendant damaged the parcel
and then converted it by destroying it with no notice to the
claimant and without authority. The
defendant's actions are Unfair Trading within
the meaning of the Contract Protection of
Unfair Trading Act 2008. The defendant
reimbursed the claimant £300, but

refuses to reimburse further. The claimant seeks £519.10, the
remaining value of the laptop +conversion damages not exceeding £100 in the
discretion of the court: total £519.10 – + interest on £419.10 per County Courts Act 1984 +
costs

I don't think you should refer to the insurance at all. There is a suggestion that you accept the validity of the insurance and of course apart from the fact that the insurance requirement is unfair, your claim is predicated on the fact that their insurance requirement is unenforceable.

 

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I think it would be best to wait for the expiry of the 14 days. There's not long to go anyway. Are you completely ready to click off on day 15?

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  • 3 weeks later...

Please will you read the Hermes stories on the sub- forum. You will have all these answers to very basic questions and it's very important that you understand the way forward.

I think we've asked you often to read the stories – but clearly you still haven't.

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  • BankFodder changed the title to Hermes destroyed my parcel, and wont compensate because its on their non compensation list **WON**
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