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Hermes package tampered with, item stolen


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Posted (edited)

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 by FMJ36
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Posted (edited)

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 by FMJ36
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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

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I think it's worthwhile doing these one at a time.
I've already responded to your other post and giving you advice about your letter of claim. The same advice applies here.

However, I would suggest that you deal with one claim at a time. They will go to mediation and at mediation you can get the mediator to tell Hermes that there is another claim on its way but Hermes can choose to settle it now and save everybody a load of time and money.
If you prefer this approach – then I would wait until you get the mediation date and 10 days before the date of the mediation you then send Hermes the second letter of claim so that if they prefer to be stupid and to put everybody to the trouble of pursuing the second claim at litigation, you will only have about four days to wait before you can issue the proceedings.

You will then also have understood how it all works because you will have direct experience and I think you will find this helpful.

The only downside is that you will have to wait a little bit longer for your money – but we are talking about such a small amount here, I expect it's not a big deal – although of course I don't know how badly you need the money

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Posted (edited)

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 by FMJ36
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  • 2 months later...

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.

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thanks i have tried that i enter tracking number and postcode then state damage or lost and it tells be to contact packlink how are you getting on in yours

 

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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

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If you have a blank copy of that form maybe you could post it up here in pdf format for the the other op use

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I managed to file with hermes in the end had to say it was not delivered rather than delivered tampered but i wrote a lengthy letter to explain full case and i now have a case number no also had email to say they was looking into it just wait now see how it goes. 

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10 days - tops.

 

Please update your thread too.

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  • 1 month later...

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 27th 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

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Quote

Dear Chloe

Reference number XXX

Your problem with Packlink has nothing to do with me.

I shall be relying on my third-party rights under the Contracts (Rights of Third Parties) Act 1999. This should come as no surprise to you because you are fully aware of this legislation.

The deadline which I gave you in my letter of claim still stands and the clock is ticking.

Yours sincerely

 

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