Jump to content


Parcelshop/Hermes 2 -BOSS ME-25 multiple effects pedal switched/stolen


Recommended Posts

Hi

 

I am looking to send a letter before action to Hermes following the loss of two items from packages that were tampered and the items stolen before they reached the recipients. The two items were sold on ebay and dropped off at the parcel shop to be delivered by Packlink and Hermes on the same day with the same 8-digit ticket barcode:

 

First item (BOSS ME-25 guitar pedal) sold for £63, including postage with standard cover (up to £25):

 

15/05 - item dropped off at parcelshop, in orginal box with padding, inside a secured delivery bag

19/05 - item arrived at recipients house and recipient reported that he had received a pair of womens ASOS jeans in a clear plastic bag, there are clear signs of tampering and resealing at the top of the bag, the image of the package on the recipients doorstep is clearly not the package that was sent, which weighed 5kg and was nearly 20cm in height. I have attached the photos

20/05 - packlink open formal investigation into theft/tampering of parcel (maximum compensation £25)

20/05 - hermes claim the parcel has been delivered and request that the recipient file a Denial of Receipt if he has not received the item

 

 

Second item (Ipod Classic 120Gb) Sold for £60 including postage with standard cover (up to £25)

 

15/05 - item dropped off at parcelshop, in perfume box with packaging, inside a delivery bag

19/05 item arrived at recipients house and ipod was missing from inside, leaving just an empty box with packaging in the delivery bag (photos attached)

20/05 - packlink have not yet responded to the complaint

 

I have written up a template 'letter before action' to send to hermes customer support ([email protected]) and put it in the quote below. Please have a look and let me know if this is the correct step to take next

 

Quote

Dear Customer Support,

 
I am reporting the theft of two items that have gone through the Hermes network and gone missing. The delivery bags have reached the recipient having clearly been tampered with and with either the item missing or the item replaced. Both items were dropped off to the parcel shop on the same day on the same ticket, barcode - P9814659. 
 
 
The first case is package reference - H0067A0004036768
 
This package was delivered with clear signs of tampering, and a cut through the top where the item (Boss ME-25 pedal) had been removed and then replaced by a pair of womens ASOS jeans in a clear ASOS bag, prior to being delivered. Please find the photos attached. 
 
 
The second case is package reference - H0067A0004037570
 
 This package reached the recipient with the item of value (Ipod Classic 120Gb) missing. The package had been tampered with and the item removed, leaving an empty box with packaging in it when it reached the recipient. Please find the photos attached.
 
 
Under the Consumers Rights Act 2015 I am claiming compensation for the full sale value of both items, which is £123, including cost of postage and insurance. As beneficaries of the contract with Packlink, the Contracts (Right of Third Parties) Act 1999 gives me the right to claim this compensation, directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be forced to open a small claims case through the Government Small Claim service.
 
Yours sincerely,
...

 

 

Best regards

 

 

Link to post
Share on other sites
  • FMJ36 changed the title to Two packages sent with Hermes tampered and both items stolen, one replaced with jeans - both packages had been dropped off at Parcelshop at same time
  • dx100uk changed the title to Parcelshop/Hermes 2 items - contents switched/stolen

I've removed the files that you posted.
He posted several files with names which gave no indication as to the contents of the file or which image was which and am afraid that we don't have time to go through and sort out the filing.
If you are going to post up documents then please can you make sure that they are named in a way that means something so we know what we are opening. If this matter goes to court – which it probably won't – then you will certainly have to do that. You won't be able to inspect a judge to do your filing for you.

You are dealing with two low value items here and so getting the compensation you are looking for should be relatively straightforward although it has to go through Hermes they will probably force you to issue proceedings. Recently we've had some people who have had luck with packlink – so you should certainly try it with them.

Because you are dealing with two items, I think it is probably better to run two separate threads so that things don't get complicated. Unless you say that both items were sold to the same recipient – but I get the impression that that is not the case.

In each case, I understand that these events happened very recently and so am afraid that you will at least have to give Packlink an opportunity to receive your complaint and either to pay you out or to decline liability.

If they have done neither within a reasonable period of time – say 14 days – then come back here and we will take you through the process.

In the meantime, you should start reading up the Hermes threads on the sub- forum so you understand the way things normally go and how they generally speaking tend to settle at mediation

Link to post
Share on other sites

Thanks BankFodder, I have opened a new topic for the second item (iPod Classic) which can be found here:

 

https://www.consumeractiongroup.co.uk/topic/435059-hermes-package-tampered-with-item-stolen/

 

Hermes are now assessing the claim for the first item (BOSS ME-25) and said this will take up to 28 working days. I will update this page when the decision comes through

  • Thanks 1
Link to post
Share on other sites
Posted (edited)

Both companies have now come back :

 

20/05 - Packlink email stating that they are carrying out a formal investigation for tampering/theft

22/05 - Packlink email confirming that the parcel had been lost

24/05 - Packlink dismiss the claim with no compensation (photo below)

            - Hermes deem the parcel as lost in the network and advise contacting Packlink for compensation (photo below)

 

I will prepare a letter before action to post to both Packlink UK and Hermes UK, and will post a draft of it here before sending it off, let me know if there is anything else I need to do before that

 

Thanks

Hermes.pdf Packlink.pdf

Edited by FMJ36
Link to post
Share on other sites

Here is a draft of my letter before action:

 

Quote

Dear...,

 

I would like to bring to your attention the tampering of a parcel, and subsequent theft of a BOSS ME-25 multiple effects pedal, while in transit through the Hermes network. As a private seller, this has cost me the full sale value of the item of £56 plus postage costs of £6.68. Under the Consumers Rights Act 2015, I am claiming compensation for this value - £62.68. Given that Hermes are beneficiaries of the contract with Packlink, the Contracts (Right of Third Parties) Act 1999 gives me the right to claim this compensation directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be opening a small claims case through the County Courts.
 
Yours sincerely,

 

I tried to keep it brief and to the point, let me know if there's anything missing

 

Thanks

Link to post
Share on other sites

I like brief a lot. Brief is very good. However, you start off by saying that you would like to bring it to the attention blah blah blah as if you are raising the issue for the first time. Also you haven't mentioned any reference number so they have no idea what you are banging on about.

You should start off by saying something like

"As you know, on XXX date I used your service to send a parcel containing a XXX to a UK address. It was sent under your reference number XXX.
I have already informed you that when it arrived at its destination, the parcel had been tampered with and no longer contains the item above.

The item was properly declared and the value was properly declared at £XX. You have refused to reimburse me for the theft of my property.

Talk about the 1999 act – blah blah."

Head it up – "Letter of Claim".

Do it again and stay after school until it's done properly
 

  • Thanks 1
Link to post
Share on other sites

Thanks BankFodder, I've revised the Letter of Claim and will e-mail and post it today. From what I've seen on these threads the next step is to prepare the claim on the MCOL website, so I'll start on that now. Will update here again when I next hear from Hermes or if I have any questions about the process

Link to post
Share on other sites

Post the draft POC here before you click it off

Link to post
Share on other sites
  • BankFodder changed the title to Parcelshop/Hermes 2 -BOSS ME-25 multiple effects pedal switched/stolen

Heres the draft:

 

Quote
Dear Martin de Lange,
 
On 15/05/20 I used Hermes service to send a parcel, containing a BOSS ME-25 multiple effects pedal, to a UK address. It was sent under Hermes reference number - H0067A0004036768I have informed you that when it arrived at its destination, the parcel had been tampered with and no longer contained the item above.

The item was properly declared and the value was properly declared at £62.68. My compensation claim, for the theft of this item, has been dismissed.
 
Under the Consumers Rights Act 2015, I am claiming compensation for the value of £62.68. Given that Hermes are beneficiaries of the contract with Packlink, the Contracts (Right of Third Parties) Act 1999 gives me the right to claim this compensation directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be opening a small claims case through the County Courts.
 
Yours sincerely,
...

 

Link to post
Share on other sites

You're the second person today who has this made the same misunderstanding of the 1999 Act

also, you haven't headed up "Letter of Claim"

 

Link to post
Share on other sites

Amended as follows:

 

Quote
Letter of Claim
 
 
Dear Martin de Lange,
 
On 15/05/20 I used Hermes service to send a parcel, containing a BOSS ME-25 multiple effects pedal, to a UK address. It was sent under Hermes reference number - H0067A0004036768I have informed you that when it arrived at its destination, the parcel had been tampered with and no longer contained the item above.

The item was properly declared and the value was properly declared at £62.68. My compensation claim, for the theft of this item, has been dismissed.
 
Under the Consumers Rights Act 2015, I am claiming compensation for the value of £62.68. Under the Contracts (Right of Third Parties) Act 1999 I have the right to claim this compensation directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be opening a small claims case through the County Courts.
 
Yours sincerely,

 

  • Like 1
Link to post
Share on other sites

I've had a look at some examples of Particulars of Claim on other threads here and drafted this:

 

Quote

The claimant used the defendant's courier

service to deliver an item, value – £56 to a

UK address. Reference number

H0067A0004036768. The defendant breached the

contract by losing the item, prior to

delivery, and refuses to compensate the

claimant. The defendant's requirement that a

customer is responsible for insuring

themselves against the defendants own

negligence or the criminality of its

employees are unfair within the meaning of

the Consumer Rights Act 2015 and therefore

unenforceable. The claimant seeks £56 plus

delivery fee £6.68, total: £62.68.

 

Please let me know if anything needs to be changed, or added, for this case in particular. Thanks

  • Like 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...