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EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**


Whitey_AFC
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So I'll cut a long story short ....

 

I sent an item back mid/late November after around 7 days I checked the tracking and it hadn't moved.

 

Messaged the eBay buyer who confirmed it's not arrived.

 

The following week got onto Hermes, had to wait 48 hours for the depot be searched as may have fallen onto netting. 48 hours later got back to Hermes and filed a claims form.

 

About 20 days or so later after doing so they've come back to say that because the item was damaged on arrival and the item I sent was on the prohibited list they are refusing to pay out and will only refund the £11 postage/insurance that I took out.

 

The parcel was an aquarium LED light unit, it contains no glass parts, I packaged it extremely well and stuck multiple sticky labels on the parcel when I took it the parcel shop so all sides were covered but somehow it's 'lost' 

 

I've had a good route around this site and seen plenty of people who have sent letters to Hermes and followed up with taking them to MCOL with success and so am now thinking of perusing this one myself. 

 

Staff Account Marybeth Smith via E-mail01/12/2021 12.43 PM
 
Thanks for getting in touch with us about parcel number xxxxxxx
 
We're so sorry that despite an extensive investigation, we have not been able to locate your parcel.  We appreciate that this is not the outcome you were hoping for, however, we do offer cover to assist in this situation and we will happily support you through the process of making a claim.
 
During our claims process, if your parcel is located, we will endeavour to deliver this to your recipient as quickly as possible.
 
Should you wish to submit your claim, please complete the following online form:
 
 
We thank you for your time and patience on this matter and ask that you provide the required information within 14 days, so we can resolve this as quickly as possible for you. We aim to process all claims within 28 working days of receipt.
 
As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry. Certain items such as liquids are on the prohibited list because they are more likely to become damaged than others and therefore require a specialist carrier.
 
Please note: should you choose to issue a refund before this claim is finalised then you must do so at your own risk. If the parcel is located it will be delivered to the intended recipient and the claim will be closed
 
Kind regards,
Marybeth2638
 
Hermes Customer Services
Staff Account Farhan Hussain via E-mail23/12/2021 08.44 AM

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.

Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for. You can see our full list of non-compensated and prohibited items 
here.

As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry.

Items made of or containing 
lighting are on the non-compensated list because they are more fragile than others and therefore are more susceptible to damage. Our Carry Guide states that lighting items can be sent through the Hermes network however, in the event of the parcel sustaining damage or getting lost, compensation will not be awarded.

However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £
11.00 back to your original payment method. Please allow up to 5 working days for this to be received.

If you have any queries regarding another parcel in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.
 
Kind regards,

 
Customer Service Advisor
Hermes Send Claims Department

 

What I find rather interesting is the Hermes booking site ... Which appears to stop senders from taking out insurance for certain items which are on the so called 'Prohibited List' however ... My item when booking didn't occur this, had it then I would have found an alternative method. 

 

Not only that but the response from Hermes Claims department made out the item had somehow been delivered but arrived damaged ? 

 

"However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £11.00 back to your original payment method. Please allow up to 5 working days for this to be received."

 

I've never claimed or spoken of damage to the item, I was merely chasing the location of it and the fact it's been lost within Hermes network.

Edited by dx100uk
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Please will you tell us something about the parcel?

Was it insured?

Was the value properly declared? What was the value?

 

Please spend a day or so reading out the stories on this Hermes sub- forum so that you get to understand the principles and also the way that your claim is likely to progress.

When you think you have understood all the various arguments that they try to put up, come back here and will take you to the next step
 

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Please will you tell us something about the parcel? Aquarium LED Light Unit sold via eBay

Was it insured? Yes, Hermes offered standard £20 cover.

Was the value properly declared? What was the value? I declared the full value of the item to which it sold for on eBay, this cost an additional £5-6 and took the total post cost for the item to £11.00

 

I've been reading various Hermes claims and reports on here most the afternoon before signing up just from google searches. 

 

I did send a message to Hermes on the decline of the payout and advised I was obviously unhappy with the outcome and did question why they were advising that due to the item being damaged it wasn't covered due to being a 'prohibited' item but still to this day it's never arrived and the tracking is stuck. I've taken screenshots of it all in case they maybe remove it. However they failed to respond and just put the status of my claim/enquiry back to 'Resolved' 

 

I think my next steps would be to send a letter to Hermes recorded delivery with 14 days respond, put the same into the initial online ticket claim I had and can re-open. Then pending a response or no reply invoke MCOL on the 15th day. 

 

Hermes lost my aquarium LED light unit and say because it's 'Prohibited' item they will not pay anymore than the £11 postage/insurance fee due to them failing deliver. The £200 item isn't something they will entertain. 

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BS!!

 

total rubbish ignore them.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ive moved your last few posts to your own thread, best to post here, then its all in one plce......

 

yes follow all the others, complaint, letter of claim, court claim.

 

DX

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

 

Dear Sir/Mdm



Parcel reference number X X X – claim reference number X X X
Letter of Claim

 

On 22nd November 2021 date I used your services to send a parcel containing TMC Photon Aquarium LED Light Unit which I happened to sell on eBay.

The parcel did not arrive at its intended destination and I now understand from yourselves that the parcel has been lost.

I therefore is seeking the value of the parcel at £200.

 

I am fully aware that you have a reputation for losing or damaging thousands of parcels that have been placed into your care. You can be certain that if you force this to court, that your record will be brought before the judge – including pieces in the media – both newspapers and television – as well as the information relating to your recent label and computer problems which may well have contributed to the loss of my property.

If I do not receive this sum in full within 14 days then I shall issue a claim in the County Court and without any further notice

Yours faithfully

 

Should I state that I took out the extra insurance on the item in my letter of claim

 

 

 

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Is your proposed letter above your initial complaint? Or a letter of claim?

I'm a bit confused. Did you take out insurance or not? Earlier on you simply said that Hermes offered you £20 cover

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Letter of claim.

 

Sorry, Hermes initially only offer £20 compensation when you put in the amount of the item value when booking. The value of the item was £200 so I paid an additional £6 or something which took the total postal cost to £11.00.

 

They've only offered/paid the initial postage cost which was £11 and that appears to have already hit my account on 24th December. 

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So they accepted an insurance premium for an item which according to them is not insurable.

Hermes are completely dishonest and disreputable company.

In any event, the insurance requirement is unfair and unenforceable.
The prohibited items list is completely irrelevant where items are lost and may be – only may be – relevant if an item is damaged that even that is questionable.

Yes, send the letter of claim.

Register with the County Court money claim website and start preparing your claim and post up the details of your claim here before you actually click them off.

The money claim website will allow you to save your work as you go.

Make sure that you have read the Hermes stories thoroughly so you understand the roots that your own claim will probably take

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Does the letter of claim seem ok ?

 

Obviously I will add the reference number given for the claim and my original tracking number etc. 

 

Then will proceed with registering on MCOL

 

From pretty much all of the Hermes ones I read on here .... Hermes point blank refuse and put up defence only for it to then go mediation

 

I am not one to claim interest, I simply want the money back (£200) for the item they accepted insurance for only to now tell me it's lost and a prohibited item that was damaged. 

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I already said that you should send the letter of claim.

Claim the interest. If you don't want the money then you can donate it to us because we need the money badly. Why on earth should you let Hermes escape with a single penny when they are putting you to all of this trouble.

They are prepared to spend money in order to do you out of your reimbursement – and yet you want to be charitable to them – Bless!

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  • 2 weeks later...

today I issued my letter of claim !! Which means that once delivered (I've sent it signed for) I will await 14 days and then issue the court claim

 

Does the letter appear to be ok ? 

Quote

 

Dear Sir\Madam

 

Parcel Reference Number xxxxxxx

Claim Reference Number xxxxxxx

 

Letter Of Claim

 

On the 22nd November 2021 I used your services to send a parcel containing a Tropical Marine Centre Aquarium LED Light UInit which I had happened to sell on eBay.

 

The parcel did not arrive at its intended destination and I now understand from yourselves that the parcel has been lost.

I am therefore seeking the value of the parcel which was fully insured at £200.

 

I am fully aware that you have a reputation for losing or damaging thousands of parcels that have been placed into your care. You can be certain that if you force this to court, that your record will be brought before the judge – including pieces in the media – both newspapers and television – as well as the information relating to your recent label and computer problems which may well have contributed to the loss of my item.

 

If I do not receive this sum in full within 14 days then I shall issue a claim in the county court and without any further notice.

 

Yours faithfully,

XXxxxx

 

 

Also didn't know which Hermes send it to so went with head office in Leeds 

 

Address: Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH

 

From reading on here nobody appears get a reply anyway ... 

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So today I checked the tracking for my 'Letter of Claim' that was sent to Leeds Head Office / Capitol House. 

 

The letter has been signed for an therefore I have now updated the Hermes support ticket on the website also with a copy of the 'Letter of Claim' that was physically sent. 

 

Uploaded the proof of delivery via a Royal Mail tracking screenshot and added the following comment.

 

Letter of claim has also been sent signed for to:
Capitol House, 1 Capitol Blvd, Morley, Leeds LS27 0WH

I can see this has been signed for today.
Tracking Number: XXXXXXXXXXXXXXXX

I will give you until Wednesday 26th January and then I will be instructing County Court proceedings.

 

I now need to register on the  Moneyclaim online website and start preparing my case.

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WWW.MONEYCLAIM.GOV.UK


This is the correct site to be registered and proceed to fill out correct? 

 

Also, thinking I've worked out the interest correctly as I'll be claiming this and paying it back as a donation to this site. 


Item sold £200

 

£200.00 x 0.08  = 16

16 \ 365 = 0.0438356164383562

 

Hermes rejected the claim 23rd December and January 27th will be when I click submit for the claim. 

 

am I right in thinking it will be 36 days in total and then they calculate the additional days after the claim has been submitted till an outcome is made? 

 it's 0.04 x 36 = £1.44 

 

Claim Particulars Letter:

 

The claimant used the defendant's courier service to deliver an Aquarium LED Unit (TMC Reef Photon Connect LED 84w), value £200.00 to a UK Address. Reference number XXXXXXXXXXXX, Claim number XXXXXXXXXXXX. 


The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value of the item due to stating that 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.' And that the item was 'damaged' whilst in the care of the defendant.

 

The defendant allowed the claimant to take out insurance on the item in full. The claimant is seeks £200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.


Should I state in there that they allowed me to take out insurance or not ?

 

From going on the Hermes site if you type in say LED Aquarium Light ... It DOES allow you to proceed with putting in the value amount and prompts to pay insurance (Which I did). If you type in the contents being say a Laptop it prompts to say this item is a prohibited item and does NOT allow you to pay out the insurance so that in itself is very confusing! 

 

I am now at the summary \ Payment Details \ Confirmation on Money Claim and I will proceed with this first thing Thursday 27th January. 

 

Amended the Claim Particulars slightly:

 

The claimant used the defendant's courier service to deliver an Aquarium LED Unit, value £200.00 to a UK Address. Reference number XXXXXXXXXXXXX, Claim number XXXXXXXXXXX.

 

The defendant has breached the contract by losing the item and then failing to reimburse the claimant to the full value
of the item due to stating 'Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for.'

 

The defendant also referred to the item being damaged. Additional insurance cover was taken out on the item which was paid in full to the value of £5.70.

 

The claimant seeks £200.00 in full, plus interest pursuant to Section 69 off the County Courts Act 1984.

 

If this looks acceptable for a letter of Claim Particulars then roll on 27th January !!!!!!

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Sorry but it's only just dawned on me that your item was damaged by them even though you have mentioned it more than once on the thread.

Have they said what happened to it? Have they simply said that it's damaged and not told you anything else?

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I took out additional insurance to the FULL amount of the item which Hermes allowed me to take out and pay in full. The item then never reached the delivery address and a lost claim was submitted. However when the case was closed and a pay out was refused I got the below reply from Farhan at Hermes who stated ' However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £11.00 back to your original payment method. Please allow up to 5 working days for this to be received '

 

This is ALL I've had back. I have obviously replied back to the ticket I had open which they 'Resolved' on the below but to this day I've never had a response and that same ticket now has the Letter Of Claim within as well as the proof of postage screenshot \ Tracking details etc. 

 

It feels a complete cop-out! For them to allow insurance in full, state I need to submit a lost items claim. Then turn around and basically say 'The item was damaged in our care, we aren't paying out' Here's the postage back and here's the compensation amount you also paid ... Now leave us alone .... 

 

Yet looking in and around this forum there's been people with similar cases who never even paid the insurance and Hermes have offered them the £20 basic insurance  and postage costs back .... Does make you laugh! 

 

Staff Account Farhan Hussain via E-mail23/12/2021 08.44 AM
Hi DANIEL,
 
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.

Unfortunately, we are unable to proceed with your claim, since the items contained in your parcel are non-compensated items that cannot be claimed for. You can see our full list of non-compensated and prohibited items 
here.

As a self-serve company, we do everything possible to encourage customers to check our lists of non-compensated and prohibited items and we try to make this easy and transparent so that customers understand from the outset what we can and can’t carry.

Items made of or containing 
lighting are on the non-compensated list because they are more fragile than others and therefore are more susceptible to damage. Our Carry Guide states that lighting items can be sent through the Hermes network however, in the event of the parcel sustaining damage or getting lost, compensation will not be awarded.

However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £
11.00 back to your original payment method. Please allow up to 5 working days for this to be received.

If you have any queries regarding another parcel in the future, please contact your Hermes Customer Service Team and we’ll be happy to help.
 
Kind regards,

 
Customer Service Advisor
Hermes Send Claims Department
Edited by Whitey_AFC
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Thanks .

The fact that the item was damaged takes us into a different arena .

Please don't send anything to them at the moment but monitor this thread for a reply tomorrow.

 

I think there is a potential  additional claim here for interference  with your property under the torts( interference with goods) act 1977 

 

 

 

 

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Ok thanks, I mean I did think the fact the Hermes Claims Department came forward and clearly stated 'However, as this parcel was damaged whilst in our care,' then this would somewhat change things.

 

After all, the  item is still stuck in the same tracking process, never been delivered or returned to myself.

 

So with them stating it was 'Damaged whilst in our care' what's therefore happened to it? Do they have proof it was damaged? Why was I not informed about this before having to submit and wait for the lost claims process? 

 

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Don't worry, we understand all the arguments to be made – in particular where they claim that an item has been damaged. Normally they follow that up with a claim that they have then gone on to destroy the item. They don't appear to have said this in your case which is rather strange.

You could go ahead and begin the process straightaway but I would suggest a slight delay in order to lay down a more pointed paper trail and maybe even to elicit some useful information from them.

I would suggest that you write to them and say that you notice that the item has not been delivered because it has been damaged. But as they obviously know the whereabouts and the condition of the item, why they have not returned it to you.
You would like it returned immediately and if they failed to do that then you want evidence that it has been damaged and you would like to know why they have not returned it to you.

Send that, wait about 10 days and we'll see what they say.

If they are unable to produce the item or if they then going to say that they have destroyed it then I think we could be looking at adding about another hundred pounds or so for the trespass to your property – Contracts (Rights of Third Parties) Act 1977

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I already sent my letter of claim and now awaiting to submit the money claim particulars on the 27th January. 

 

I did follow up a message when Hermes declined to pay-out with the following reply:

 

Customer DANIEL WHITE via CSS Web23/12/2021 09.04 AM
Ferhan Hussain I wish to speak to you directly regards this decision.

Essentially this is not a claim about an item damaged its a complete failure to fulfil delivery! Not only that the item has totally gone from your system so its been taken by a staff member at the very least as it doesn't just vanish!

Please see my previous message to which all 3 agents advised this would be fulfilled in full IF lost as insurance was taken out. 
11 minutes ago, BankFodder said:

Don't worry, we understand all the arguments to be made – in particular where they claim that an item has been damaged. Normally they follow that up with a claim that they have then gone on to destroy the item. They don't appear to have said this in your case which is rather strange.

You could go ahead and begin the process straightaway but I would suggest a slight delay in order to lay down a more pointed paper trail and maybe even to elicit some useful information from them.

I would suggest that you write to them and say that you notice that the item has not been delivered because it has been damaged. But as they obviously know the whereabouts and the condition of the item, why they have not returned it to you.
You would like it returned immediately and if they failed to do that then you want evidence that it has been damaged and you would like to know why they have not returned it to you.

Send that, wait about 10 days and we'll see what they say.

If they are unable to produce the item or if they then going to say that they have destroyed it then I think we could be looking at adding about another hundred pounds or so for the trespass to your property – Contracts (Rights of Third Parties) Act 1977

 

Do you think it's worth asking for proof of damage etc in way of photos from Hermes and add that to the support ticket that's still open but currently being ignored?  

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It's up to you whether you want to move on this straightaway or just delay a little for a bit more information. Even if they don't respond to your letter, at least you can show a court that you have made this reasonable enquiry and they have declined to respond.

I would suggest

Quote

: Dear XXX

Reference number XXX

I notice that in your correspondence you have said that my item was damaged. However at no point have you explained what you have done with it.

As the item is damaged, I would like to know why you are not returning it to me. Is this because you have proceeded to destroy it and is so why would you have done this without any permission from me as I am the owner.

Please would you clarify what has happened to my property and as you simply say that it has damage then clearly it is still in your possession and I would like it returned without any further delay.

Please understand that the letter of claim which I sent to you on XXX date still applies and I am proposing to start a legal action against you but unless you can give me some satisfactory explanation of why you have not returned my damaged property, I shall be adding a claim for the wrongful interference with the ownership of my property.

Yours

 

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I have prepared my letter to send as per the above:

Quote

 

Dear Sir\Madam

 

Parcel Reference Number XXXXXXXXXXXXXXXXX

Claim Reference Number XXXXXXXXXXXXXXXXX

 

I notice that in your correspondence to rejecting my claim you have said that my item was damaged (see below). However, at no point have you explained what you have done with it.

 

However, as this parcel was damaged whilst in our care, I have processed a full postage refund for the amount of £11.00 back to your original payment method. Please allow up to 5 working days for this to be received.

As the item is damaged, I would like to know why you are not returning it to me. Is this because you have proceeded to destroy it and is so why would you have done this without any permission from me as I am the owner.

Please would you clarify what has happened to my property and as you simply say that it has damage then clearly it is still in your possession and I would like it returned without any further delay.

Please understand that the 
letter of claim which I sent to you on 11th January 2022 and was signed for the following day under Royal Mail tracking number XXXXXXXXXXX still applies and I am proposing to start a legal action against you but unless you can give me some satisfactory explanation of why you have not returned my damaged property, I shall be adding a claim for the wrongful interference with the ownership of my property.

 

Yours faithfully,

 

 

 

I will go head and follow this up and send it Monday first thing. I will then do the same and put a copy of the letter in the Hermes dispute I have open \ signature upon delivery \ tracking details and such. 

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Letter sent this morning regards damages to my parcel.

 

Royal Mail 1st Class Signed for, so will keep eye to see if delivered tomorrow and if so will update the support ticket with a copy of the letter sent \ tracking information and proof of delivery. 

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  • dx100uk changed the title to EVRi Lost insured item of £200 - refused refund - Clainform issued - **SETTLED AT MEDIATION**

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