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Help! Hermes lost my parcel worth £200, no insurance. Hermes offered £20.


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Hi. I would appreciate some help.

 

Quote

The issue that I have experienced was:  I have posted my parcel (200£ worth mobile phone I sold on ebay) with Hermes company on 21st of February 2021, and it still has not been delivered. After a painful process waiting long in a queue and talking to useless assistant Holly - I finally got connected to a real person (although not helpful) from customer support. My claim has been registered. 4 days after - when I called Hermes customer support (and yes, you have to chase for your lost or undelivered parcel yourself, as Hermes has no interest in informing you regarding your lost/stolen parcel). As I feared - Hermes driver has lost or stole my parcel. I was told by a customer support that my parcel has been collected from a Hermes drop-off point from a shop called - Londis in Birmingham and not reached a sorting depot. The has not been found since. Very unhelpful and unsympathetic customer support. I have since reported this case as a potential theft with West Midlands police, the case has been close with no resolution. I have also emailed Humberside Police as I have heard they are investigating into Hermes drivers stealing customer parcels. Here are some emails from my conversation with Hermes. As this parcel is worth 200£ - I am intending on taking them to small claims court. Any help on how to start and go through this stressful process - would be greatly appreciated.

 

The issue that I have experienced was:  I

have posted my parcel (200£ worth mobile phone I sold on ebay) with Hermes company on 21st of February 2021, and it still has not been delivered.

After a painful process waiting long in a queue and talking to useless assistant Holly - I finally got connected to a real person (although not helpful) from customer support. My claim has been registered.

 

4 days after - when I called Hermes customer support (and yes, you have to chase for your lost or undelivered parcel yourself, as Hermes has no interest in informing you regarding your lost/stolen parcel).

As I feared - Hermes driver has lost or stole my parcel.

 

I was told by a customer support that my parcel has been collected from a Hermes drop-off point from a shop called - Londis in Birmingham and not reached a sorting depot. The has not been found since.

Very unhelpful and unsympathetic customer support.

 

I have since reported this case as a potential theft with West Midlands police, the case has been close with no resolution.

 

I have also emailed Humberside Police as I have heard they are investigating into Hermes drivers stealing customer parcels.

Here are some emails from my conversation with Hermes.

 

As this parcel is worth 200£ - I am intending on taking them to small claims court.

 

Any help on how to start and go through this stressful process - would be greatly appreciated.

 

Hermes response to my claim:

Quote

Thank you for your recent email/correspondence about your claim.

We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number do become damaged or lost within our network. If this happens, we will seek to remedy this and we are happy to pay up to the level of cover selected by the customer, for included items.

I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose within our standard compensation, we will be processing a payment for the maximum value of £20, plus postage costs, back to you.
So that we can process this as quickly as possible for you, we kindly request that you send us some details:
- your bank sort code
- your bank account number (the short one, not the long card number)
- your name as it appears on your bank card

We thank you for your patience on this matter and ask that you allow up to 14 working days for the payment to reach you.

If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy t

o help.
 

My response to above Hermes email:

Quote

 

Hi. This is not the outcome I was hoping for and certainly it is not acceptable to me. Due to your company's negligence and lack of responsibility to investigate your employees potential theft - I am now being left almost 200£ out of pocket due to your company losing my parcel and failing to locate it in your network.

I have already reported this incident to the West Midlands police to investigate a potential theft. What actions have you taken to investigate this case and locate my item? Have you talked to the driver who was supposed to deliver this item to your sorting office - but never did?

Crime reference number is: ???????????

I do not find your offered 20£ compensation being satisfactory enough to resolve this problem. I would expect to be fully compensated (which is the amount of 195.99£) for the item - that your driver lost or stolen. As it is your company's employee - and you have to take responsibility.

Please reply to this email with your decision ASAP. In the event of you not replying or choose not to take responsibility - please be aware that I will take it further to report you to Trading Standards and will not hesitate to take you to Small Claims Court. I just hope that we can find a solution and come to an agreement, without proceeding to court.

 

 

Hermes response to my above email:

Quote

 

I am sorry to hear that you are not happy with the outcome of your complaint and that the parcel got lost in our network.
 
We’re 100% dedicated to ensuring every parcel arrives safely, but unfortunately, a small number don’t arrive as expected. It’s a long road to get the parcels out to customers and there could be number of reasons why customers have not received their parcels and there is a small percentage of the parcels that can go missing or they can get damaged in our network.
 
I like to make you aware that our delivery process includes a varied network of couriers, depots and sorting facilities. Throughout this process there are number of occasions where the parcels will leave the care of our couriers and handlers to be processed via sorting machinery and conveyor belts. As such, any instructions on the parcel, e.g. ‘Fragile’ or ‘This Way Up’ stickers, cannot be followed directly.
 
Should the parcels go missing or damaged in our network we will go through the claims process with the shippers and the retailers as they are the account holders. There are some ways that parcels can go missing which we have no control over e.g. Parcels can get damaged and items can fall out of the packaging, if the items are misplaced we will not be able to locate them as they would not have received a scan, parcels can be miss-sorted into incorrect trailers without a scan, or labels can fall off while going through our machinery.
 
I like to make you aware that the insurance cover which was selected at the time of the booking is £20, you were given the option to cover your parcel in case of loss, damage or late delivery. If you go ahead without selecting any cover for your parcel it will automatically select the free option of £20 cover level however, you have the option to cover up to £300. Please be advised that you have not selected the cover which you have stated that was the value of your parcel therefore we are not able to offer you more than £20 cover level that was chosen by you and the Hermes postage of £4.20
 
We are happy to pay you £24.20 Please be advised that all this information is stated on our web site in our terms and conditions and as a Shipper using our services, it is your responsibility to ensure that you pursue with our Terms & Conditions before sending any item through our network. We appreciate that this is not the outcome you were hoping for however, we are offering you the compensation level that was chosen by you.

 

 
My response to above Hermes email:
Quote

Thank you for your reply. It is your responsibility to deliver my parcel as per contract agreement between myself - the sender, and your Hermes delivery company. I am protected by Consumers Rights Act (Schedule 2) and will rely on this provision to protect my rights as a consumer - against your negligence. Also I will rely on Unfair Contract Terms Act 1977 section 3. The law states that your company has a certain obligation to adhere, when providing a service. Your insurance requirement is an unfair term and unenforceable. Unfortunately, as no agremeent can be reached - I will be taking your company to small claims court. Please find this as notice - of a court action being taken by me, against your company.

 

Hermes final response email:

Quote

 

Thank you very much for your response and I understand that you are not happy with the outcome of your complaint.
 
I am sorry to advise you that we are unable to assist you further therefore we are leaving this matter with yourself as you wish to take this to court and this is done at your own description and they will contact us on your behalf therefore this is our final correspondence and I will now be closing your complaint.
 
Please accept my sincerest apologies once again for all inconvenience caused.

 

 

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Please monitor this thread for a reply later.

 

Meanwhile read the other Hermes threads and please will you space your posts because a solid block of text is difficult to read especially on a smalll screen

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I hope that you have been putting in time reading the other stories on this sub- forum. There is a great deal of similarity and you will learn a lot about the process, the principles involved – and in particular what we have to say about Hermes requirement that you purchase an insurance to protect them against their own negligence or the criminality of their employees.

We can help you bring a small claim. But this is a self-help forum and so you must do the background reading. It will make you much more confident knowing the steps in advance.

Also, read up the steps involved in taking a small claim in the County Court. You will definitely have to issue proceedings.

You say that you have logged this as a theft with the police. That is good but do you have a crime reference number?

Also, you say that you understand that there is an investigation going on about theft being committed by couriers working for Hermes. Do you have evidence of this? Or is this just something that you have picked up on Facebook?

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Hi. Thanks for your help. It is very much appreciated. Yes. I do have a crime reference number from West Midlands police. In regards to Humberside police - it is just a thing I have picked up in a facebook group dedicated to help victims who suffered from Hermes negligence. So far - I have provided Hermes with the West Midlands police issued crime reference number. I was not sure if I can disclose the number in this forum, hence it was redacted.

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No need to disclose it here but it will be helpful to include on your claim form when you finally draft that.

Let us know when you are familiar with it all – you've done all the reading and then we'll begin the claim.

You can reckon to send out the letter of claim on Monday and then issue the claim 14 days later.

Let's see anything that you send out before you send it

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  • Andyorch changed the title to Help! Hermes lost my parcel worth £200, no insurance. Hermes offered £20.

Hi. Thanks for your response.

I am currently filling the details in "money claim online" platform.

I have used the following:

Hermes Parcelnet Limited

Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH

 

Particulars of claim (short statement):

 

The defendant is a parcel delivery company Hermes Parcelnet Limited.

On 21/02/2021 the defendant agreed to

deliver the claimant's parcel containing a

mobile phone Samsung Galaxy S9+ 128GB, value £195.99, to an address in

the UK. The delivery fee was £4.20 which was

paid by the claimant.

Parcel reference no: ?????????????????

The defendant failed to deliver the parcel

and have subsequently reported it as lost.

The defendant refuses to refund the value of

the item and the delivery fee.

 

The claimant seeks

 

£195.99 - value of Samsung Galaxy S9+ 128GB

£4.20 wasted delivery fee

£25 court fee

Total: £225.19

 

Is there any other information I should submit at this time? Thanks.

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Don't forget to select interest on your claim section 69 8%

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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If you want advice on your Topic please PM me a link to your thread

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A must ...you have already been advised in post# 5

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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33 minutes ago, Neutrino said:

Do you know if I need to issue Hermes with a Letter Before Action (LBA), before proceeding to "money claim online" claim submission? Thanks.

Sorry but this means that you haven't read the Hermes stories on the sub- forum and you haven't read about the steps involved in taking a small claim in the County Court.

If you have to ask questions like this then it means that you're not ready to go

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Posted (edited)

Sorry, I have misunderstood that LBA is. Initially I thought that an email would suffice to give them notice of potential small claims court case.

 

I have now compiled an LBA using citizenadvice form, if it looks ok - I will try and send it on monday via royal mail first class with proof of posting.

I assume I should post LBA to this address: 

 

Hermes Parcelnet Limited

Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH

 

Here is my draft LBA letter:

 

Quote

 

Letter before court claim

Dear Hermes Parcelnet Limited,

Re: item lost in network - Samsung Galaxy S9+ 128GB (Grey)
Reference: ?????????
Parcel ID: ????????????????????????

This letter explained what is wrong with the service and why I am entitled to a refund.

I have posted my item (Samsung Galaxy S9+ 128GB - Grey) on 21.4.2021 using your delivery company. My item has not been deliver and subsequently has been found as being lost in your Hermes network.

Claim form for compensation has been filled on 4.3.2021.

On 31.3.2021 I have received a response from your company - stating that you are only happy to pay me £24.20. I do not find this outcome being satisfactory.

It is your responsibility to deliver my parcel as per contract agreement between myself - the sender, and your (Hermes Parcelnet Limited) delivery company. I am protected by Consumers Rights Act 2015 (Schedule 2) and will rely on this provision to protect my rights as a consumer - against your company's negligence. Also I will rely on an Unfair Contract Terms Act 1977 (Section 3). The law states that your company has a certain obligation to adhere, when providing a delivery service.

Your insurance requirement against your company's negligence and failure to delivery my item - is an unfair term and is unenforceable.

I am once again requesting a full refund of the item price of £195.99£ + 4.20£ delivery fee (total: 200.19£)- on the grounds that the delivery service has not been fit for purpose, under the Consumer Rights Act 2015. I enclose a copy with the proof of the item's value and a delivery cost receipt.

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours sincerely
??????????????????????

 

 

Can someone please take a look to see if my LBA is ok. Thanks.

Edited by BankFodder
Amendments to LBA
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Sorry, I did not mean to be disrespectful. I understand that a lot of people were in the similar situation as I am, and a lot of people will continue to be - until government decides to shut down Hermes. English is not my first language, and this court experience is new for me. I have done some reading about similar cases that were discussed in this forum. My understanding of the court action and sequence of events:

1. Complain directly to hermes and wait for them to offer 20£ + delivery fee, hermes will use the defence that I did not take their unlawful insurance (done).

2. Write and post + email a letter of claim (also known as LBA) - I will do this on monday as advised. Reflecting on previous LBA suggestions I read in this forum - I feel my letter of claim might be a bit too detailed and list the unnecessary timeline of events. Also, I am not sure if it is a good idea to be quoting any of the legal acts in my LBA.

3. Wait 14 days and on day 15 - start money claim online case. I have already saved a draft of particulars of claim which I have posted in this thread. Maybe it is worth adding crime reference number from West Midlands police to my particulars of claim? I already made Hermes aware of police crime reference number in my previous emails.

My understanding in brief: then I issue a letter of claim, Hermes eventually files a same defence they use for all cases. The matter goes to mediation
and Hermes will try to knock the claimant down a few quid. If I refuse to accept any money less than what they owe me - then they eventually "cave in" and settle.

I understand, that the whole thing will be a test of how far I am willing to go. I am prepared to make trouble. I am prepared to issue a letter of claim. I am happy to pay a claim fee to begin the court action and also pay the second fee in order to move the claim to a hearing. I am not going to reduce my claim at mediation and not going to take less than Hermes owes me.

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I've amended the Letter of Claim.  If you are happy then post up your final draft here.

 

Register with MoneyClaim and prepare your claim.

Post the draft POC here

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Posted (edited)

Thank you so much BankFodder for your help and for amending the letter of claim. It is a lot more precise and up to the point now.

 

Here is my final amended LBA draft:

 

Letter before court claim

 

Dear Hermes Parcelnet Limited,

Re: item lost in network - Samsung Galaxy S9+ 128GB (Grey)
Reference: ?????????
Parcel ID: ????????????????????????

 

I have posted my item (Samsung Galaxy S9+ 128GB - Grey) on 21.4.2021 using your delivery company. My item has not been delivered and subsequently has been found as being lost in your Hermes network.

A Claim form for compensation has been filled on 4.3.2021.

On 31.3.2021 I have received a response from your company - stating that you are only happy to pay me £24.20. I do not find this outcome to be satisfactory.

It is your responsibility to deliver my parcel as per contract agreement between myself - the sender, and your (Hermes Parcelnet Limited) delivery company. 

Your insurance requirement against your company's negligence and failure to delivery my item - is an unfair term and is unenforceable.

I am once again requesting a full refund of the item price of £195.99£ + 4.20£ delivery fee (total: 200.19£).

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice.

 

Yours sincerely
??????????????????????

 

Edited by BankFodder
edits in red
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LBA has been sent today with a 1st class signed letter. Thanks for your help. Now I will wait 14 days, before going for the next step. Thanks.

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You should be preparing your claim – drafting your particulars of claim – and posting the draft up here so we can check it.

Everything should be ready to click off on day 15

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Hi, here are my:

 

Particulars of claim (draft)

Quote

 

The defendant is a parcel delivery company Hermes Parcelnet Limited.

On 21/02/2021 the defendant agreed to deliver the claimant's parcel containing a mobile phone Samsung Galaxy S9+ 128GB, value £195.99, to an address in the UK. The delivery fee of £4.20 was paid by the claimant.

Parcel reference no: ??????????.

The defendant failed to deliver the parcel and have reported it as lost on 04/03/2021. The defendant refuses to refund the full value of the item and the delivery fee.

The claimant seeks £195.99 being the value of the item, £4.20 delivery cost, legal fees and any interest owed.

Claimant has also reported this case to the West Midlands Police, on suspicion of a parcel theft. Crime reference number is:  ?????????????

 

 

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  • 2 weeks later...

So, if I understand correctly from reading other cases on thia forum, I need to monitor MoneyClaim so that I can apply for judgement the first moment it becomes available. This will be in about 14 days unless they acknowledge the claim in which case it will be 28 days for them to come up with a defence? 

 

If understand correctly, Hermes might contact me and offer to pay fraction of a cost of the mobile phone they lost/stole, if I drop the action - and that I should refuse this offer.

Hermes might also contact me an offer to pay the full cost of the mobile phone + all my court fees – and I should consider accepting this.

Hermes might put in a defence so that the matter is then drawn out and I will then receive a questionnaire which I should complete. This would ask you if I wanted to enter into mediation – and I should refuse mediation or should I agree for mediation to take place?

It will also ask which court I want the hearing to take place, and I should indicate my local court. I should pay the hearing fee to continue further, as Hermes may well be waiting to see whether I am prepared to pay the hearing fee.

 

If I pay the hearing fee, then Hermes will realise that I am serious and they are looking at a court hearing. At this point they might contact me and offer the full amount + court fees.

 

Do I understand the sequence of events correctly? Thanks.

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It's most unlikely they will reach out to you at all. Any offers will be made at mediation. If they agree to settle your entire claim then of course you will have to accept it. Why should you not want to anyway?

Other than that you seem to understand your position quite well

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Thanks BankFodder for your help. I will just wait for mediation process to begin and then take it from there, using the advice and guidance on how to go about mediation from previous cases in this forum.

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An update on my case:

HERMES PARCELNET LIMITED filed an acknowledgment of service on 23/04/2021

 

I guess this is the standard response from Hermes, as they intend to defend all of this claim.

 

If I understand correctly: if Hermes files an acknowledgment of service - they have 28 days to file a defence, from the date of service of particulars of claim.

 

Or they can dispute the jurisdiction of the court within 14 days of the date of filing this acknowledgment of service. Which I don't think Hermes will do, as they unlikely to have a written evidence in support with the application notice.

 

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by day 33 from the date on the claimform (that being 1 in the count) they have 33 days to file a defence.

 

dx

 

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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Ok. Thanks. This means that Hermes has a deadline to file their defence, until 24th of May. I hope they miss the deadline, so I can be the lucky one to request the court to make judgement against Hermes. I guess I play the waiting game now.

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