Hermes parcel lost/stolen/swapped

[mustardo]

Hi all,

 

I'm looking to take a case I've got open with Hermes further as I'm not satisfied with what they've offered me.

 

Sent off a parcel in a brown box, customer received a bag full of Matalan kids clothing with my label stuck on the Matalan bag.

I've attached a PDF with all the images,

 

they might be a bit muddled up but should be clear enough to understand what's happened.

Couldn't add the the pictures as max file size exceeded but it seems like they ripped off the original label on the Matalan parcel which was on the back.

 

Details of this case:

Date Sent: 08 October 2021

What was the item: Two GPU's
what was its value: £1798 - Price sold on eBay
Was the item properly declared: Yes
Was the value properly declared: I'm pretty sure I did, possibly undervalued.
Did you take out the so-called insurance: Yes
Did you book this with HERMES directly or did you use a broker such as Packlink or parcel2go?: Direct through Hermes website
Was the parcel simply lost? Or is it damaged and then destroyed? Or is it simply damage?: Lost/stolen/swapped

 

I filled out the claims form they provide and today they've said they'll refund the £300 "insurance" + the postage I paid (£16.98).

 

Now what I want to know is,

I reply to reject the amount their offering and send the complaint through the Hermes support ticket I've got currently open or should I send the complaint via post to the head office or via email to customer service?

 

I've read through several posts and I've got an outline of what needs to be done and the timeframes that it should take.

 

Thank you

 

 

 

 

 

hermespics.pdf

[BankFodder]

We definitely need to see pictures.

You sent this using Hermes directly. This is not an eBay sale?

I'm concerned that you consider you may not have declared the correct value. It's important that you know the value that you declared because this is the value that you will be able to claim.

I understand they offered you £300 compensation. Have they made this condition on anything or have they simply offered it to you?

[dx100uk]

all pdf's sorted in post 1 now.

[mustardo]

Thanks dx

 

Have you managed to look at the pictures BankFodder?

 

I sold the items via eBay but bought the shipping through the Hermes website. There's a screenshot of the eBay sale in the PDF.

 

From what I remember I think I undervalued and typed £1000 for the value of the items, but of course I can't confirm this as it doesn't show you through the Hermes website.

 

This is the message I received from Hermes yesterday after filling out the claim form they provide. 

 

Hi XXXXX,
 
Thank you for submitting the required information for your claim. I’m sorry for any inconvenience caused by this situation, so I would also like to thank you for your patience while we reviewed your claim.

I understand how frustrating it can be for both you and your recipient when a parcel isn’t delivered as expected. When issues arise, we will always seek to remedy the situation and we are happy to pay up to the level of cover selected by our customers, for included items.
 
I have investigated your claim and I'm pleased to confirm, due to the level of cover you chose, we will be processing a payment for the full value of £316.98 including postage costs back to you.
 
So that we can process this as quickly as possible for you, we kindly request that you send us some details:
- your bank sort code
- your bank account number (the short one, not the long card number)
- your name as it appears on your bank card
 
Once we have received the above information, we will send you a further email once the payment has been processed. This can take up to 5 working days to reach you.
 
If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.
 
Kind regards,
Mike L
Hermes Send Claims Department

 

[BankFodder]

Quote

Dear Mike

Reference number XXX

Thanks for the offer of partial compensation of £316.98.

My bank details are as follows:
sort code – XXX
account number – XXX
account name – XXX

Once your payment is received that will leave an outstanding balance of £XXX.

Please note that if I do not receive the balance of the value of the goods which you have managed to lose or which have been stolen within 14 days, then I shall sue you in the County Court and without any further notice.

Believe me

Signed

 

[mustardo]

That's now been sent, thank you.

 

I guess that message is the Letter of claim? Should I also get that sent out to the main head office via post?

[BankFodder]

Yes you may as well do.

Now you should register with the County Court money claim website and start preparing your claim. Post your claim details here before you send them off so that we can check.

[mustardo]

Would it be wise to also include the PDF file of images in the correct order so it makes sense, with the letter of claim? Or should that be saved for the county court claim?

 

 

[BankFodder]

No, don't send images. Just send the letter

[mustardo]

Hi,

 

Will be sending the Particulars of claim off today but just wanted to make sure it's okay.

 

The claimant used the defendant's courier service to deliver two items, value – £1798 to a UK address. Reference number xxxxxxxxxxxx. The defendant breached the contract by losing the item or was stolen by an employee of the defendant, and refuses to reimburse the claimant to the full value of the items.

 

The claimant seeks £1798 + £16.98 postage cost plus interest pursuant to section 69 County Courts act 1984 + court costs.

 

Thank you.

[BankFodder]

I think it's probably a good idea to say what the items were. They breach their contract because they failed to deliver the item either because it was lost or stolen whilst in their care.
They have refused… Blah blah blah.

If you are happy with that then amend your proposed particulars and post them back here

[mustardo]

Updated version below

 

The claimant used the defendant's courier service to deliver two MSI GeForce RTX 3070 Graphics Cards, value – £1798 to a UK address. Reference number xxxxxxxxxxxx. The defendant breached the contract by either losing the items or it was stolen by an employee of the defendant whilst in their care.  The defendant has refused to reimburse the claimant to the full value of the items.

 

The claimant seeks £1798 + £16.98 postage cost plus interest pursuant to section 69 County Courts act 1984 + court costs.

 

Thank you

[mustardo]

Hi,

 

I have mediation coming up soon and wanted to know if the fact that I put the parcel value as £999.99 instead of the actual full value will effect the chances of receiving the full value of the money I'm claiming? 

 

Added PDF for context

 

Thank you

Screenshot 2022-03-15 at 18.06.30.pdf

[BankFodder]

Why have you not posted the full defence in PDF format?

We would like to see it. We do our best to help you here and it's not helpful to us all the other people who come here if you then disappear and then suddenly ask for help at the last moment when you need it without having provided any other information about what is happening.

Apart from that, in answer to your question – have you not read around the stories on the sub- forum about what you are entitled to claim and the importance of declaring the value correctly.

 

[mustardo]

Apologies for not posting any updates about the case, I've been busy with work etc so it's the last thing on my mind to do so, will make sure to update the post regarding the case from now on.

 

I've been having a look to try to find some information but couldn't find much. I understand that it was stupid to not declare the full value but in my mind at the time I guess I didn't want hermes to know the full value of the parcel in case it got stolen, but it ended up happening anyway.

 

I've attached the full defence

 

Thanks

 

claimform.pdf

[BankFodder]

Thank you for this but we want to see the defence.

The document you posted earlier was only part of the defence. I think we need to see the whole document –

[BankFodder]

Thank you.

Our position has always been that once you declare the value of the goods, then that is the risk that you are proposing to the courier and that is the risk that they are accepting.

On that basis, I agree that you are completely wrong to undervalue it. You say that you didn't want a courier to know how valuable it was. I'm not very convinced by this.

However looking at their defence, I notice that they refer to their contract and in paragraph 2.32 of their defence, they refer to their contract and quote from it

Quote

2.32. ii) the cost the cost of repairing the damaged Goods, or the value of the
lost or damaged Goods (as we shall reasonably determine up to a maximum
of the price you paid or were paid for the Goods);

 

In other words, they seem to be saying that their liability extends to the value of the lost or damaged goods and doesn't refer to the declared value. I'm astonished at this and I had not noticed it before.

This actually suggest that they are contractually bound to repay you the actual value of the goods rather than the declared value of the goods as long as you can prove their value.

My suggestion to you at the mediation is that you push this idea that by their own admission they are contractually required to pay you the actual value.
You say that you took out insurance. Of course it wouldn't have been incurred for the full value because I believe there insurance only goes up to £300. You have to explain to the mediator that the insurance requirement is invalid anyway because it is unenforceable through unfairness and it is in breach of the consumer rights act 2015.

So stick by your guns on the contractual term which they have quoted at paragraph 2.32 of their defence.

However, do be prepared to go to court on this. I do think that the undervalue was a fatal mistake and apart from anything else I think a judge may well decide that you had been completely straight dealing on the contract and of course that will undermine your position because it will turn the judge against you.

Your fallback position is £999 and certainly you should not settle for anything less than this.

If you manage to get the full value then that will be an exceptional result and we would like to know about it.

Please will you take the trouble to keep us updated.
We help you – you help everybody else who comes to us.
That's the deal

[BankFodder]

In fact I've looked at it again – and I think that I have misunderstood the context of the paragraph 2.32.

I'm going to change my opinion completely am afraid – I think unless you are very clever, that their liability is limited to your declared value.

[dx100uk]

pdf sorted even the 2nd time you still left Identifiable pers details.

 

dx