EVRi delivered eBay item damaged - buyer refunded, but EVRi won't refund me though I paid insurance

[Really Hermes]

Hi guys, 

 

As above for an item sold on eBay in 21st November - it has taken this long with them messing about for them to finally come up with an excuse not to pay out, as of yesterday, but the reason they have given is that my packaging didn't meet their requirements!

 

The item was a set of scuba regulators, individually wrapped in bubble wrap, packaged inside a padded regulator bag, and then inside a sturdy cardboard box, which was delivered with one side burst open and the regulators broken - I have photographic evidence of both box and damage.

 

I just want to double check the next steps. 

 

1) letter of complaint - where do I send it, HO in Leeds? Does it matter? 

 

2) letter of claim - sent how long after the complaint letter? 

 

3) Court claim. 

 

Is this correct?

 

The company is criminal - they never used to be this bad, but I have found them to be belligerently obstructive, and intentionally unhelpful as they quite obviously know they because they are unregulated they can get away with it. I, for one, will never use EVRi again! 

Edited April 13, 2022 by dx100uk
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[Really Hermes]

Hiya

 

Yes, they made me provide the ebay sales receipt 5 separate times I think, because they kept asking for the same thing. £94 plus postage. They gave me a £9.36 refund as a goodwill gesture and will no longer respond to my request to clarify exactly how my parcel did not meet their packaging requirements 

[Really Hermes]

I agree 100% all obstacles were intentional. 

 

I am following the above course of action. Hopefully at some point enough people will stop using hermes and they will either change, or fail. 

 

 

[Really Hermes]

Will do. Thanks  

[Really Hermes]

Here is my complaint letter if someone could have a look please.

 

Quote

 

Dear Hermes Parcelnet Limited,

On 22/11/21 I paid £9.36 for you to deliver a parcel containing an item sold via ebay (Parcel ID: xxxxxx ebay item number xxxxx). I also paid for insurance against damage.

On 25/11/21, I was notified by the recipient the parcel had been delivered but the box had been burst open in transit and the contents were damaged. The recipient sent me photos of the damaged box, and the damage caused to the item (a set of Aqualung Legend Scuba regulators).

I accepted the return, paid and additional £7 for return postage and after receiving the item on 28/11/21 I refunded the buyer  £97.28. I attempted to contact Hermes customer services on 1/12/21 and eventually managed to speak to an agent, who emailed me the wrong claim form (Denial of receipt). I contacted Hermes again on 1/12/21 to request the correct form, which I then received. I completed an online damage claim on 1/12/21 which included photographs of the damaged item, the damaged box, and details of the ebay sale as requested.

I received a response from Hermes on 23/12/21 asking for Proof of the value of the item, for example a transaction receipt or order summary which shows how much was paid for this item and by whom  - which I had already provided. I provided this again. This then continued until 10/1/22 where I was constantly asked to provide evidence which I had already provided. I provided everything that was requested, along with a description of the packaging (a large sturdy cardboard box, within which the regulators were packed in padded regulator bags, which are made for the sole purpose of protecting regulators from damage). Then, on 10/1/11 it was concluded that Unfortunately, we are unable to proceed with your claim, since the parcel packaging did not follow our guidelines, as stated on our website.

I have consequently asked five times for details of how my parcel failed to follow guidelines, and have not received reply. I do not find this outcome satisfactory. The item was properly packaged, and I paid for insurance to protect against possible damage in transit. The insurance that you offer against your company’s negligence and failure to deliver the service under contract is an unfair term under the Consumer Rights Act 2015 and therefore unenforceable. I am once again requesting a full refund of the item plus postage £97.28, as well as the return postage fee (£7) which is total sum of £104.28.

If I do not receive a satisfactory response from you within 14 days from the date of this letter, I will issue legal proceedings against you in the county court without any further notice.

 

 

[Really Hermes]

Hiya

 

I really tried to be scant  

 

OK thank you 

[Really Hermes]

Hiya,

 

I've finally had a response to my small claims court case, wherin EVRi / Evri have completely denied responsibility, and refused to pay for the damage they caused to my regulators. I've attached their response - have you got any comments / advice before I fill the form in? Tia

Compress_20220413_110141_1983.pdf