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Hermes strikes again! Almost there on claim, just need a little help please


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Hi, 

 

Thanks to this brilliant website (thank you for everything you do) I have started to make a claim against Hermes and have a pretty good idea of what I’m doing, I am just looking for some guidance around making sure I get the wording right / when to send what.

 

Brief background:

 

I bought a rug for £600 which I then decided to return. I booked a courier directly through the Hermes website on 18/08/2021 and opted for the standard insurance.

 

On 24/08/2021 the rug seller informed me she hadn’t received the rug, so I chased Hermes. After some back and forth, they admitted they lost the parcel on 25/08/2021 and invited me to make a claim, which I did, asking for the full amount - £600 plus £10.34 postage cost.

 

On 13/09/2021 Hermes confirmed they will be paying me £20 compensation plus £10.34 postage cost. I received this compensation from them in my bank account on 14/09/2021.

 

 

As far as I can understand my next steps are: 

 

-       Send them the Letter of Claim (I have no specific email address so do I just send this to the generic Hermes support email address ([email protected]) ? Do I need to send a physical letter in the post too? If so, just to their generic address (Hermes, 1 Capitol Close, Morley, Leeds, LS27 0WH)?

-       Send them the Particulars of Claim (Should this be a part of the Letter of Claim above, as in, send both the Letter of Claim and Particulars of Claim at the same time?)

-        Make money claim online (I have completed all the information needed and am ready to pay – do I go ahead and pay the £70 now or do I need to give Hermes time to reply to my Letter of Claim before paying?)

 

 

Below are my draft Letter of Claim and Particulars of Claim, based on previous claims made. 

 

Any help very much appreciated, huge thanks!


 

Letter of claim

 

 

Quote

 

Parcel ID – XXX Claim reference number XXX

 

Letter of claim


 

On 18/08/2021 I used your service to send a parcel under the above reference number.
The parcel did not arrive at the destination and after several exchanges with your customer service staff, I was told on 25/08/2021 that the item was lost.
I was also told that I would not be entitled to make any compensation claim because I had not purchased an additional compensation cover.


My position is that I have paid the delivery fee and it is not for me to insure against the negligence of Hermes. It is for Hermes to protect themselves against liability for their own negligence and not pass the buck onto their customers. 


I see this requirement as an unenforceable unfair term designed to exclude liability and to prevent me from taking a legal action.

I am preparing to take you to court. If you force this to a court hearing – you can be certain that I shall be producing evidence from many different sources to show that you systematically lose parcels and decline liability on spurious grounds which are unfair and unenforceable.

The contents of my parcel were valued at £600.00 plus the delivery fee of £10.34.

If I do not have reimbursement in full within 14 days then I shall issue a claim in the County Court to recover this money from you plus interest and without any further notice.


Yours faithfully,

 

 XXX

 

 

 

 

Particulars of Claim

 

 

Quote

The claimant used the defendant's courier service to deliver an item, value £600 to a UK address. Reference number xxx. The defendant breached the contract by losing the item and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy. 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 £600 plus delivery fee £10.34, plus court fees £70, total: £680.34+ interest pursuant to section 69 County Courts act 1984.

 

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It looks as if you are doing ok.

 

It looks as if all so you've been doing some of the reading but keep on doing more reading and standby for a full reply later on today.

 

 

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Okay I've read through it more closely and it's fine. Well done.

However on your particulars of claim, you are adding interest to the court fee. You add interest on the sum claimed and then the court fee afterwards.
It's only a small technicality.

Keep on reading all the stories. It's important that you feel comfortable with this all and if you haven't taken any claim before then read up on the steps involve taking a small claim in the County Court. It's straightforward – but it is worth knowing what happens next so that you are confident about the action you're taking.

Keep us updated on every response that you get from Hermes

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Thanks so much for getting back to me. Just so I’m clear on the sequence of events:

 

Today I will send Hermes the Letter of Claim and Particulars of Claim in the post (will update Particulars of Claim to reflect your point re: interest, thanks for that) 
 

Do I need to wait for Hermes to reply to me before completing the money claim online? Or can I just get on with it now?

 

Huge thanks again 

 

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You must wait until the date given in your LBC expires.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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You should prepare the claim but not issue it until the deadline on your letter of claim has expired. No point in setting a deadline otherwise is there?

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