Hermes package tampered with, item stolen

[FMJ36]

Hi

 

Here's a brief summary of the situation as it stands at the moment

 

Ipod Classic 120Gb - sold on ebay for £60 including postage with standard cover (up to £25)

 

15/05 - item dropped off at parcelshop, in 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

20/05 - claim sent to packlink

21/05 - claim sent to hermes

 

I will update this page, in a couple of weeks, or as soon as a decision has been made about the claims

Edited May 21, 2021 by FMJ36

[FMJ36]

Yes, this is a new thread for the second item (iPod Classic)

[FMJ36]

Packlink have come back :

 

22/05 - Packlink email stating that they are carrying out a formal investigation for tampering/theft

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

 

Hermes haven't got back yet but it seems they will just refer me back to Packlink so it goes around in circles. I will prepare a letter before action, to post to both Packlink UK and Hermes UK, and post a draft of it here before sending it off

 

Packlink.pdf

Edited May 24, 2021 by FMJ36

[FMJ36]

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 an Ipod Classic 120Gb, while in transit through the Hermes network. This has cost me the full sale value of the item of £56 plus postage costs of £3.84. Under the Consumers Rights Act 2015, I am claiming compensation for £59.84. 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,

 

Please let me know if theres anything missing, thanks

[FMJ36]

Thanks, I have no great need for the money, although it is enough for me to go to the effort to try and get it back rather than letting them get away with this. After a quick google search its clear to see that this is happening regularly and if enough people stand up for themselves it might effect some change in the way do business. Their employees obviously aren't satisfied if they sink to stealing from customers, and for the owners to brush this under the carpet is tantamount to them stealing these things for themselves.

 

I have this letter of claim ready to go, but will follow your advice and wait until 10 days before the mediation of the other item to send it off. Will update again when i hear back on the other one. Like you say would be great to have them both handled in one mediation but will have to see how things play out. Thanks again

Edited May 25, 2021 by FMJ36

[FMJ36]

Hi,

 

I used the digital customer service assistant on their website, then they replied by email, not sure about other methods of contacting them though as I haven't tried.

[FMJ36]

They sent a lost parcel claim form through which i submitted and they replied within a week saying the item had been lost in the network and to contact packlink for compensation. Packlink had already refused to compensate. I then sent the letter before claim to Hermes, 14 days before filing the claim. Now just waiting on a date for mediation

[FMJ36]

Here is the recent correspondence I have received regarding this parcel

 

Quote

Dear ...,

 

Further to my email this morning, our customer services team have investigated your parcel H0067A0004037570.

 

As this parcel was sent via Packlink it is Packlink who are liable to remedy the issue, not Hermes. We are liaising with Packlink and have informed them of your position. They will be in touch to discuss the claims process with you in due course. Just to make you aware, our contact at Packlink is on annual leave until the 27^th September so you may not receive contact immediately.

 

 

Kind regards,

Chloe Higgs

 

My letter before claim was posted on 10/09 and the claim is to be posted on 24/09. To say that i will extend this date  to allow Packlink time to look over my claim seems a bit redundant at this point, considering they have already dismissed it. And the idea that there is only one Packlink contact at Hermes also seems dubious. So I think I will just have to file the claim anyway on the date it was supposed to be filed in order to avoid weakening my position and going around in circles with them again. What are your views on this? Should I wait for a response from Packlink or go ahead and file the claim on the date stated in the letter? Thanks

[FMJ36]

This claim has now been settled. I heard from a Hermes legal assistant shortly after filing it, here is the final correspondence. Thank you again for all your help with these.

 

Quote

Dear ...,

 

Thank you for your email. I note that you have rejected our offer of £59.84.

 

As a gesture of goodwill Hermes is willing to increase its offer to £94.84 in full and final settlement of this matter. This email is sent on a without prejudice basis.

 

If you would like to accept this offer please provide me with your bank details and I will process the payment which will be with you by 29^th October.

 

Kind regards,

Chloe Higgs