Packlink have Denied my Claim for Lack of evidence. All pictures i had were sent.

[Woodside2]

I sent 2 parcels this week via Packlink on Ebay which were delivered by Hermes.

 

The problem is that both Packages had been re-packaged somewhere in the Parcel System and when they were both delivered to different recipients in the same postcoded area the items inside were smashed.

 

I started a claim via the Packlink website today and sent Photos of the damaged items and in 1 claim i was able to send a picture of the packaging. The other recipient had already discarded his packaging so this was not available. I advised Packlink of this and they asked that i send photos of the Parcels before i had sent them!! I am not sure what I can do now??

 

I have been in contact with Hermes and they have said that they will start an investigation into what has happened but that the claim for the damaged items would have to be through Packlink.

 

Am I at a dead end now or can i do anything else?

I am approx £43 out of pocket + Postage costs.

I know it is not a huge amount but as a private seller it matters. 

[dx100uk]

have a good read of any/all packlink or hermes threads already here .

 

you'll soon get the idea of what to do...eventually this will be that of raising a court claim, as no matter what you do, everyone will deny or state it's your fault. it's not, packaging or any pictures make zero odds at all. you are NOT responsible in anyway and should NOT be out of pocket.

 

they items were placed in their hands to carry out the delivery, they failed, you should be refunded your FULL costs, that being the value of your items postage etc etc. they won't do that and come up with every excuse not too.

 

dx

[BankFodder]

What do the parcel contained? Were these items correctly declared when you arranged the delivery? Was the value correctly declared?

Did you buy the so-called insurance?

[Woodside2]

The Parcel contained a single dinner Plate which was automatically declared via ebay when purchasing the delivery label. The Value was also applied correctly and the level of "Insurance" given as standard was £25 which was adequate so no need to buy enhanced insurance. I have been sending similar items for years and never had breakages such as this. It only happened this week when i thought i would try Packlink. Lesson learnt is I will stick with my usual carrier. 

 

10 hours ago, dx100uk said:

have a good read of any/all packlink or hermes threads already here .

 

you'll soon get the idea of what to do...eventually this will be that of raising a court claim, as no matter what you do, everyone will deny or state it's your fault. it's not, packaging or any pictures make zero odds at all. you are NOT responsible in anyway and should NOT be out of pocket.

 

they items were placed in their hands to carry out the delivery, they failed, you should be refunded your FULL costs, that being the value of your items postage etc etc. they won't do that and come up with every excuse not too.

 

dx

Hi dx, 

Thanks for the response. As I have said in my reply to BankFodder, I have been sending similar items for years with a different Carrier and never had service like this. Probably my own fault for trying a cheaper alternative (Packlink). Just very frustrating that my 2 parcels were delivered in completely different Packaging to what I had sent them in and they are denying everything. A Hermes Rep is calling me Monday as they are carrying out their own investigation, but i wont hold my breath for anything resembling the truth

[BankFodder]

You are talking about two parcels but now you are referring to a single dinnerplate.

He also said that you are out of pocket by £43 but you are now saying that the standard insurance of £25 was adequate.

This is all a bit confusing

[Woodside2]

Hi @BankFodder. If you would care to look at the original post from last night it details 2 Parcels and Contents and also the approx value . The value is the combined price of the 2 Parcels excluding postage. 

In my reply to you i stated the contents were a Dinner Plate. That was 1  in each of the parcels. And No i did not purchase extra insurance as the standard £25 would cover each parcel

[BankFodder]

1 hour ago, Woodside2 said:

The Parcel contained a single dinner Plate w

so what you mean is that "each" parcel contained a single dinner plate.

Thank you that clarifies things.

As you been advised by my site team colleague, please make sure that you read around a substantial number of the Hermes stories on the sub- forum. You will get to understand the principles and also the similarities and approach from Hermes.

Of course Hermes is being abusive of the system because they exploit a taxpayer funded under resourced justice system simply to put their customers into a kind of triage where only the most persistent finally get through to the end which is almost always – mediation – and then will manage to get their money or most of their money.

Hermes are abusive of this system and of course they are actually going to spend more money than the value of your damaged items trying to smash you down. Because their attempts to crush you are effectively subsidised by the taxpayer, they don't really care.

Make sure you understand what they will say about the prohibited items list because your plates are made of china or porcelain and will be prohibited items, according to Hermes. On the other hand, they were correctly declared and they were accepted for delivery.
The values were correctly declared – and once again after you have completed your reading, you will understand the significance of this.

Hermes will also try to say that you didn't have a contract with them and you should sue packlink – who conveniently – are based in Spain outside the jurisdiction. They were say that you are attacking the wrong people.

Once again, when you have completed your reading you will understand the standard reply to this. Once again you will discover that this is Hermes being abusive of the system and misleading their customers as to what their rights are.

Make a formal complaint to Hermes. Tell them that they are responsible. Don't give them a deadline, but wait a reasonable time – 10 to 14 days – after which you will send them a letter of claim if they haven't put their hands up by then or if you have had no response. By that time, you will have done enough reading to understand the way it goes but we will advise you and support you all the way.

 

Come back here when you have been knocked back by Hermes and we will take you through the next step

 

[Woodside2]

Thanks for the reply @BankFodderI will follow this advice and come back to you when i have any further response from Hermes. 

[Woodside2]

@BankFodder Can you give me a little advice please? I have received an email today informing me that PackLink would like to charge me an extra £2.65 as they say the parcel (which was smashed to bits) was over the stated weight. I know that it Was NOT. Is there anything I can do? They are again asking for pictures of the package before it was sent !!

[BankFodder]

I suggest that you prepare a letter of claim to send to Hermes. Reply to pack link that to expect you to provide pictures of packaging before it was sent is absurd. Furthermore, they are quite wrong that the parcel was overweight. It was not – you are very careful about this.

You don't understand why they are sidestepping the main issue which is the contents of the parcel were broken and you have now lost patience and you have sent a letter of claim to Hermes and you are copying them (packlink) into the letter of claim.

Send them a copy of the letter of claim.

Post up a proposed letter of claim here so we can have a look.

[Woodside2]

@BankFodder I have used a Template from the Law Society Website. Is this adequate for my grievances ?

 

17th day of June, 2021

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

Dear Sir/Madam,

The undersigned hereby demands that you:
To refund for damages to Parcel numbers H0067A0008651336 & H0067A0008528498 Plus Postage Costs (the "Action").

For your reference I have enclosed a copy of picture of the Damaged items and where possible the packaging they arrived in, which is NOT the packaging I used originally. I also have e-mails from PackLink refusing my claim for damages for various unsubstantiated reasons and impossible requests. 

If there is any weight discrepancy then it might have been caused by the fact that Hermes chose to repackage the items and may have used heavier materials.

Please note that if I have to commence legal proceedings in order to require your performance of the Action, this letter will be tendered in court as evidence of your failure to attempt to resolve this matter. Further, you may be liable for any court costs, lawyer fees and damages, including punitive damages.

You might want to contact a legal representative  to discuss your legal rights and responsibilities.

Yours sincerely,

___________________________
Dominic Heard

[BankFodder]

I've made an edit to the letter above – please check it. However what you have proposed is not a letter of claim because it doesn't threaten legal proceedings within 14 days against Hermes if they failed to reimburse you.

[Woodside2]

@BankFodder  thanks for the edit. So can i simply add a paragraph advising that I will commence legal action if they do not reimburse me?

[BankFodder]

Don't forget that your letter of claim is addressed to Hermes because it is they who you are proposing to sue. You are simply copying packlink in

[Woodside2]

I have added to the letter  "I will commence Legal proccedings within 14 Days against Hermes if I have not been reimbursed within this timeframe. " Is that correct? Sorry i am not too good at legal things 

[BankFodder]

Well really as its address to Hermes, you should be saying I will commence legal proceedings against you within 14 days…. You are copying this to packlink. It's not addressed to them

[Woodside2]

Really sorry @BankFodder do you mean i send a copy to Packlink or simply name them in the letter which I have done?

 

[BankFodder]

You are confusing me now.

Who are you intending to sue – Hermes, of course. That means that you have to warn them that you are going to sue them. You don't write a letter to a different company and say by the way I'm going to sue Hermes.
But as you are dealing with packaging, write your letter of claim to Hermes and send a copy to packing. Let packing know that you are about to sue Hermes

[Woodside2]

Ok I understand now. Thanks @BankFodder Sorry for the confusion. I will send the letter to Hermes and a Copy to PackLink. 

 

[Woodside2]

Bit of Goodish news, Just had an email @BankFodder. Have attached it below. 

Jenny (Packlink eBay) 17 Jun 2021, 12:49 CEST Dear customer, We acknowledge your dispute of the underpayment charge of shipment ......., and we confirm with this e-mail that no charges will be applied to your account. For the future, we strongly suggest to send photographs of the parcel to certify the weight and dimensions of your package (using a ruler to certify the dimensions and a scale for the weight), or any other proof in your possession. Kind regards, Customer Service Advisor eBay Delivery powered by Packlink