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Hermes... again


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I spite of reading round quite a lot, I haven't found a case quite like this:

 

About a month ago I sent my 3 year old satnav back to the distributor for repairs as it was crashing mid journey.  I used Hermes as I've never had a problem, until now.  

I paid for insurance to the full value of the device (£230)  which hasn't changed in 3 years - that model is still £299.99.  

On contacting the distributor as I hadn't heard anything, they said they hadn't received it, so then the fun started!  I contacted Hermes and they said they would investigate.  Then they said that they'd lost it and I should make a claim on the enclosed form which I duly did. 

Then they started to ask for receipts, proof of purchase etc.  However in the intervening 3 years, the original invoice has gone missing.  I have sent copies of the credit card payment (unacceptable) a photo of the original box (no comment made).  In spite of all this they are still insisting I produce it, even though all it proves is I bought a satnav 3 years ago.

 

I maintain that I purchased a service, that of delivering a package.  On top of that I purchased insurance against them not doing their job.  They failed to fulfil the contract, so what was actually in the package or who it belonged to is of no relevance and a claim should be made on their insurance.  

 

Anyone with any ideas how to break this deadlock?

 

 

 

 

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This really is no different to all the other stories that we get about Hermes trying to welch out on their consumer obligations.

Read all the stories – or at least a good number of them on this sub- forum. I understand all the principles and the arguments and the way that your claim will go. They are pretty well all the same.

At the same time, write a letter of complaint to Hermes and tell them that you are rejecting the decision and you are making a complaint and you want your money. Don't set a deadline but after about 10 days or so when either you haven't heard anything or they have knocked you back – whichever is the first, come back here.

Draft a letter of claim and post it up here and we will check it.

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Ok, that's my job for this evening.  What a waste of time. (Can one charge for time spent on this sort of thing?  I am self employed...)

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No I'm afraid that there is no compensation for that. On the other hand, just think – you are going to acquire some valuable transferable skills and after this you be able to sue anybody else who gets in your way.

Wonderful.

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Here's draft 1.  what have I missed?

Many thanks.

 

 

 

[sending date]

Dear Sirs

I am writing to request payment regarding claim xxxxxx and repayment of the full cost of invoice No. xxxxxx within 14 days.

 

On [date] I purchased a  service to deliver a package to [company] and also additional insurance cover against loss to the value of £230.  After I discovered it had not been delivered, I contacted Hermes, they investigated, declared it lost and sent me a form to claim on the insurance. 

 

Since then there has been an unreasonable insistence on their having sight of the original purchase invoice for the satnav in the package.  This is missing.

This is not reasonable because the satnav is 3 years old and out of warranty.  One would not expect to need a purchase invoice this length of time after the expiry of a warranty.  It was insured for £230 because that was the purchase (credit card payment details provided) and is also the current purchase price (details also provided).

 

My claim is for the insurance I paid for to be paid in full, and a full refund of the charges paid in consideration of obtaining a service that was not delivered.  I look forward to a satisfactory resolution without recourse further action.

 

 

 

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Far too much detail I think.

Also you seem to be justifying yourself all the time. You are adopting the position of the supplicant.

Just tell them the item XXX which was sent using them is apparently lost and they have refused you compensation.

Tell them this is not acceptable and this is a formal complaint.

 

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Latest reply from Hermes:
"Unfortunately, we are unable to progress without the requested information.
The documents requested need to be sent in a reply to this email. 
This will be our final correspondence until we receive the requested documents."
 
Draft 2:

On [date] I purchased a  service to deliver a package to [company] and also additional insurance cover against loss to the value of £230.  This service has not been carried out and the package apparently lost.

 

My claim on the insurance is being refused which is unacceptable and this is a formal complaint.  (technically not refused, just not actioned until the missing invoice is produced...  "constructively refused?")

I am writing to request payment of claim xxxxxx and repayment of the full cost of invoice No. xxxxxx within 14 days.

 

I look forward to a satisfactory resolution without recourse further action.

 

 
 

Does anyone know where to send paper correspondence to Hermes?  I've had no information from them of course.

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I had been thinking that letter of claim should be sent and then the particulars after the expiry of the deadline. However, I'm having a little pause and I suppose that it's not unreasonable that somehow you demonstrate that you did have this laptop.

Have you got any kind of documentation which would confirm that you had bought this laptop at some point or other – and preferably the value of it?

Who did you purchase it from?

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It was a Snooper satnav bought new from Performance Products Ltd in Oct 2019 via the telephone.  

 

Here is the sticking point - I have not got the invoice.   I can find the credit card statement with the payment, which I've sent them ("not acceptable").  I've photographed the original box (no comment on this).  I cannot get a copy of the receipt because the Snooper brand changed hands sometime during the last year and Inphase International the new owners records are incomplete.   

 

So I can prove value, when & where bought but not what....    Though the fact that PPLtd (now owned by Cobra) did and still do "in car gadgets" should give a pretty good indication of what it might be.

 

I do not see why I have to justify the value of the item when I've already spent extra money on full (replacement value) insurance cover for something I could reasonably expect would reach it's destination.

 

By the way, I have had an answer regarding a place to send complaint documentation:

Thanks for your email and I am happy to provide our head office address where we work but we don't have a specific complaints department. All complaints are routed to the department the complaint relates to.
 
 Hermes, Capitol House, 1 Capitol Close, Morley, Leeds. LS27 0WH
 
Kind regards,
Ian M
Hermes Claims Team,  Manager

 

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If you have the credit card statement with the payment and you have the box then I think that that is more than enough.

Have you offered that to them in writing?

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I've sent them on emails.  They say they don't accept statements.  Not sure why as it's pretty good proof.  I'll try again...

 

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Quote

Dear XXX

Letter of claim – reference number XXX

Thank you for your message of XXX date. I understand that you say that the proofs I have to offer which include the credit card statement that shows that I did purchase the satnav as well as a photograph of the empty box are not sufficiently your purposes and for that reason you will not compensate me.

I'm writing to let you know that if you do not reimburse me within 14 days then I shall begin a claim in the County Court and without any further notice to you. I shall be presenting the proofs which you have declined to accept to the court where I'm sure that they will be accepted.

Yours sincerely

 

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