Hermes found £3000 lost guitar and then offered expenses!!! Bravo Hermes!!!

[BankFodder]

What is the value?

[BankFodder]

Thank you.

You're absolutely right to wait for the formal result of your claim/complaint – but we all know that you will be knocked back.

On that basis you will have absolutely to send a letter of claim followed by a claim in the County Court.

We may as well move it on as quickly as possible so you may as well be completely prepared. There is no point in mucking around.

Please spend the next few days reading up the various stories on this sub- forum which mostly relate to Hermes – but whether you sue Hermes or P2G, the story will be the same and so will the process that you will have to go through.

The only thing which will make a difference it would be the value – at £2800 – +8% interest from the moment that it failed to arrive at its destination – and this will make a value which could possibly prompt them in to actually going to court rather than simply settling at mediation.
The downside for them is that of course that they will be relying on the fact that you failed to take out insurance. I have a sense also that musical instruments may be on their prohibited items list – and they may attempt to rely on that as well as a justification for having lost it!!

Anyway, please read up the stories and you will soon understand the principles – particularly in relation to the unfairness/unenforceability of the insurance requirement and also the absurdity of trying to rely on a prohibited items list in order to defend having lost your guitar.

When you had your knockback from P2G, let us know and we can sort out the letter of claim and a draft particulars of claim.

If you haven't done this kind of thing before then also read up on this forum about the steps involved taking a small claim in the County Court because that is where you going to go. I suppose there might be a stab at mediation so read up some of the excellent mediation stories here as well.

In fact if you want we can get a letter of claim prepared straightaway so that you can respond without a moment's delay and get things rolling.

If that appeals to you then once you have done the bits of reading, draft a letter of claim and post it here and will see what happens.

By the way, if you have come over from one of the Facebook groups then if you think things are being well handled here, do let them know. Also reassure them that it's all free and there are no funny tricks.

I'm very disappointed at the Facebook groups – they operate for the most part in private so people can't see what's going on and it seems to me that they are all talking shops and eventually people get fatigued and give up.
They are all well-intentioned and I suppose there are good meeting place for people who fall victims to Hermes et cetera but they don't really cut the mustard

[BankFodder]

The cost of the insurance against the value of the item is simply a distraction. Don't get diverted by that.

The principle is clear, in my view, that it is unfair to expect any you has to insure against the negligent/breach of contract/criminality of the service provider.
Have a look at the unfair terms provisions in the consumer rights act.

If you start arguing as to whether or not it's good value, then effectively you are recognising the validity of the insurance and the enforceability of the requirement.

[BankFodder]

Actually I hadn't looked at it in that way in that you are being invited or pressurised to take out a second contract. I had always seen it as part of the main contract – and so what you are saying is very interesting and needs some thinking about.

However, the principal contract, I believe, makes it clear that if you don't take out the second contract then they won't cover you.

At the end of the day it's probably all academic but it's a very interesting way for you to express it.

And yes, you have understood it correctly.

In terms of who are you more likely to succeed against, I don't think I'm able to express an opinion.

Is the contract of insurance with Hermes or with P2G?

[BankFodder]

Okay in that case sue Hermes.
I realise that you didn't have any insurance. I was worried that you were going to start justifying not having insurance on the basis that it was too expensive. If you raised that issue then as I've already suggested, you would be validating the principle of the insurance requirement.
I'm actually wondering whether if you sue Hermes on the basis of your third party rights in respect of the contract between P2G and Hermes, that if for some reason or other it goes wrong, you can get a second bite of the cherry and sue on the principal contract between you and P2G.
I suppose I wouldn't rate your chances very highly if you failed the first time – but it's a thought.

[BankFodder]

Well that's an amazing story. Well done.

If you would like to sue for the delivery charges and also your petrol and mileage for going to get it, then we are happy to help you. The chances of winning are much better than 95% and it would be fun to do – but it's up to you.

I'm very pleased that you had this result. Very extraordinary. Great news.

Let us know if you want to get your expenses. Frankly Hermes need a slap.

[BankFodder]

I feel so angry. I was so looking forward to begin another legal action against them and forcing them to waste all that money defending another no-hoper.
Now they've offered you all of your expenses.
I hate it when that happens
 

 

Next thing you know they'll be doing T-shirts

I Hermes!