Packlink/Hermes lost bosh headphones ebay sold item - help understanding my options

[not_my_real_name]

As so many others have done, I've sold an item on eBay and paid for the Packlink service to ship the item via Hermes to the purchaser. The item sold for £138 plus £2.94 shipping.

 

I dropped the item off at a parcel shop on 28th November. Tracking for the item goes up to 1st December ("Manifested for Delivery") but stops there. I have contacted Hermes and they have replied with:

 

"I have conducted an extensive search and unfortunately, our tracking system is currently unable to locate your parcel. Due to the amount of time that has elapsed since we last received a tracking update, I must unfortunately deem this parcel unaccounted for."

 

"I can see that you purchased the shipping label for this parcel via Packlink. While your parcel was sent using the Hermes network, Packlink are regarded as the carrier in this situation as they provided you with the shipping label. This means that any claims for parcels which have become lost, damaged or delivered late will need to go directly to them so they can discuss the appropriate next steps with you."

 

I've contacted Packlink and they have told me to go through their own claims process. Now, I have read some of the posts on this forum and I do understand that Packlink are based in Spain so affected people are advised to claim against Hermes.

 

So what should I do as the first step? Do I fill out the Packlink claim form knowing that they are going to offer/pay me the standard £20 which isn't enough? I'm presuming that I have to go through all of their prescribed steps first before I can start "fighting back" against an inappropriate compensation offer?

 

Should I go back to eBay and report that the item has been lost and therefore request a refund of my fees and the return of the money to the purchaser?

 

Thank you.

 

[BankFodder]

Start off by making an ordinary formal claim through Packlink and see what they say. You are probably right they will probably decline you but it is the place to start.

While you are waiting to be knocked back, keep on doing the reading here to understand how you will then begin your claim against Hermes – the arguments and the principles involved.

Come back here in about 10 days if either you have been declined or if you haven't heard anything from them.

While we are at it, what was the item you sent? Was it properly declared? Was the value properly declared?

Did you take out their so-called insurance?

[not_my_real_name]

Thank you for the prompt reply. I will start the ordinary claim with Packlink as you suggest.

 

The item was a set of Bose headphones. I'm not sure what you mean by "properly declared". I arranged shipment entirely through the eBay/Packlink process so there wasn't anything for me to fill out.

 

No, I did not purchase the add-on insurance. I have read some of the posts to get a better understanding of where I might have to go with this.

 

I have also contacted the purchaser to ask them whether they want to continue waiting in case the headphones do turn up or if they want me to tell eBay and arrange a full refund.

 

I've attached a screenshot of how the goods were declared by eBay to Packlink.

 

Packlink shipping details.pdf

[not_my_real_name]

Just to keep this up to date with any updates/progress made, I've now received an email from Packlink in response to me raising a request for non-delivery compensation:

 

Quote

With this email we confirm to have opened a formal investigation for lost parcel.

Take into account that this type investigation requires the coordination of the different participants involved (driver, depot, warehouse, carrier's local offices), so it might be necessary to wait for a response from the different parties involved before being able to provide you with an answer.

Response time from carriers
Usually, the carrier takes about 30 days to provide information on transit, locate the goods or declare the loss. When the shipment is lost, and in order to open the insurance administrations, confirmation is always needed from the carrier to confirm the incident. Without it, the insurance company cannot proceed. The timing and manner of the investigation are to determined by the carrier, not by Packlink.

Please contact our customer service again to check the status of the claim if you have not received another notification after 30 working days from today ,10-12-2021

We remain at your service. We inform you that if the carrier updates the working status of your case in the next few days, we will contact you by email at this same address.

Common case studies of practical investigation

With the data you provide us, the transportation company will open a case with the reference sites before confirming the results that depend on the case's particulars, which can generally be summarized in these situations:

• Error in the tracking flow update - The branch office did not update the sending data in the system and will do so as soon as possible so that the goods can be tracked online.
• Goods cannot be located - During transportation the label with which the goods are travelling may get detached during loading and unloading handling, and the shipment cannot be located at that moment for that reason. Keep in mind that this type of search requires the coordination of several points, so it may be necessary to wait for the responses of all the actors before the information can be updated.
• Routing error - Sometimes a routing error of the package may occur between the outgoing and destination branch offices. In this case the transportation company shall verify which hub the goods are in and route them to the correct destination.
• Delay in processing at the hub or international sorting centre - Due to logistical problems, delays can occur at the starting or intermediary hubs or at the International Sorting Centre on departure and at the destination for international shipments. Packages may be subject to inspections that cause them to depart after delays.

Why does the carrier have 30 days time to respond?
The carriers’ depots are vast industrial warehouses, which require the coordination of various points, different hubs, and different internal departments of of the depot.

For this reason we ask for your patience in advance, while we work hard in trying to get a response from the carrier. 

 

[BankFodder]

Okay it's a load of nonsense.

I suggest that you simply reply

Quote

Dear XXX

Reference number XXX

Your timescale is far too long and I don't accept it.

If you have all these logistical problems then you need to sort out your operation.

I'm making a formal claim against Hermes. No doubt they will decline and then I will sue them.

You and Hermes can work it out between yourself

Believe me

Signed

 

Now make a formal claim to Hermes. Give them up to 10 days and if they decline or you don't hear anything then come back here and we will send the letter of claim.

Make sure you have done your reading. Make sure you understand the steps involved in taking a small claim in the County Court.

[not_my_real_name]

Thank you, @BankFodder. I will proceed as you have advised.

 

My wife and I have used the small claims process before so I'm not afraid of taking that route.

 

[not_my_real_name]

After pushing Packlink regarding their "30 days" given that Hermes have already told me their "extensive search" couldn't find it, Packlink have updated me today with this:

Quote

After completing the investigation with the carrier the shipment has been confirmed as lost. I am writing to let you know that the dossier has been transferred to the Claims department for the final evaluation.

 

What happens now, when I will receive the compensation?
The Claim Department will now analyse the documents and evidence provided and give you an answer as soon as possible. From this communication we aim to settle to your claim within 30 days.

In Packlink we do everything we can to resolve all the claims with the insurance company and/or the carrier as quickly as possible. However, keep in mind we need to contact the carrier to verify the liability for the incident, and to report the outcome and/or respective liquidation of the case.

Do I need to provide additional documentation?
If you have submitted all the documentation correctly though the claim form, no further action are required. All relevant updates will be provided though this email thread.

If the documentation you attached to the claim form is incomplete or incorrect the claims department will reach out to require additional documentation to process your claim, below there is a reminder of the mandatory information needed to process a claim.

Proof of value

·        eBay Sale Record: go to your paid and dispatched item, then sales record and attach a screenshot of the sale record, in which the sale price and the buyer's name are visible.

·        PayPal Transaction Confirmation: if your item was paid through PayPal, attach a screenshot of the PayPal transaction, , in which the sale price and the buyer's name are visible.

Timing for the opening of a claim for loss
It is possible to open a claim case for loss within thirty (30) calendar days from the dispatch date of the shipment.
 

 

I am still pushing Hermes to initiate a claim with them but they keep on pushing me back to Packlink. I will keep trying. Unfortunately, it seems that the only publicised way of initiating a claim with Hermes is to start by engaging their Support team, which I have done but that is when they push me back to Packlink.

 

[BankFodder]

Send Hermes a letter of claim. Send a copy to Packlink and tell them that you are prepared to wait any longer and you are now going to sue Hermes.

Post a draft of your letter of claim here.

Keep it brief