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Hermes Lost Laptop


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Hi all,

 

Yet another lost parcel claim from Hermes. Would be grateful for comments!

 

Here are the high level details:

 

Date Sent: 11 Jan 21

what was the item:  Razerblade Laptop 2018 (my personal laptop)
what was its value: £1,000 (based on depreciation estimates of the full value paid = 1,900, the fact is was upgraded with a new battery and hard drive)
was the item properly declared: Yes
was the value properly declared: Yes
did you take out the so-called insurance: No
did you book this with HERMES directly: Yes
Was the parcel simply lost? Or is it damaged and then destroyed? Or is it simply damage?: Lost at the Hermes depot

 

The post code was initially incorrect so the Hermes courier rightly returned the parcel to the depot giving the inconsistency with the address/postcode (this was confirmed by customer services based on the tracking data).

After providing customer services with the correct post code, the tracking status did not move. Loads of customer service calls and emails + a search of the depot, it was concluded that the parcel was lost.

 

I received the expected email saying I would not be able to claim based on the laptop being on the excluded list. 

I understand from reading existing posts that my next step is to send a letter of claim before preparing the particulars of claim to the county court.

 

I drafted the letter below - is this ok?

 

Dear Hermes Parcelnet Limited,

On 11/01/22 I paid £8.98 for you to deliver a parcel (Parcel ID: xxxxx).

On 13/01/22, I was notified there was a delay with the delivery of the Hermes parcel and that I would be updated when my parcel would be sent out for delivery.

On 18/01/2022, I contacted customer services. It was concluded that there was an error with the post code and that the Hermes courier returned the parcel to the depot on 13/01/2022 given the inconsistency with the address and the post code. Customer services confirmed the parcel was in the depot and I updated customer services with the correct postcode for the parcel to be sent.

After numerous calls, emails and further investigation (including a search of the depot), on the 26/01/2022, it was concluded that the parcel was lost.

 

I received a Support Incident Update stating that I would be unable to claim based on the lost item being on the exclusion list (laptop). I do not find this outcome to be satisfactory.

The item was properly declared to you and you were aware from the outset that it was a laptop.

 It is highly likely that the laptop has been stolen by somebody employed by you given it's last known location was at your depot.

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’s market value (£1,000), as well as the delivery fee (£8.98) which is total sum of £1,008.98.

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.

 

Yours Sincerely,

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Thank you @BankFodder!, super grateful for your guidance.

 

I sent the above via email to Hermes, but will send a physical copy through today.

 

I've signed up to MCOL website, here's a draft of the particular of claim based on other threads I've read - hope that's ok?

Quote

 

"The claimant used the defendant's courier service to deliver an item, value – £1,000 to a UK address. Reference number xxxxxxxxxxxx. The defendant breached the contract by losing the item in their possession and refuses to compensate the claimant on the basis that the claimant did not take out the defendant's insurance policy.

The defendant's requirement that a customer is responsible for insuring themselves against the defendant’s own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable.

The claimant seeks £1,000 + £6.40 postage cost minus £26.40 received as a unilaterally payment imposed by Hermes, total: £980 plus interest pursuant to section 69 County Courts act 1984 + costs."

 

 

 

 

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Hermes Response:
 
"Thank you for your reply, I am sorry to hear you are disappointed with the outcome of this claim.
 
Of course, we never want to damage or lose our customer's parcels, but from time to time, like with anything, things can go wrong and parcels can be damaged or lost within our network. We recognise this which is why we offer our customers compensation to help somewhat with their disappointment in those circumstances.
 
As you know we are a self-serve company, however, we do everything we can to encourage our customers to check the level of compensation selected when booking their parcel. We give two options: one at no cost covering the parcel up to £20 and the second to cover the parcel up to the value of £300 for a small cost built into their postage amount.
 
We are always more than happy to pay up to the level of compensation our customers select because that's the right thing to do when something happens to a customer's parcel that they have entrusted us with. However, we will only pay up to the level of compensation selected.
 
I have checked our system and can see that the maximum compensation you have selected is £20, therefore we are unable to issue a higher compensation payment on this occasion.
 
I understand this is not the resolution you had hoped for, however, it is our final decision on the matter.
 
Your claim has now been closed and we will not enter into any further correspondence on this.
 Should you wish to pursue the matter by legal methods then this  is your prerogative to do so. 
 
Hermes Legal Team
Hermes 1 Capitol Close
Morley
Leeds 
LS27 0WH"
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Couple of qs:

1. I assume I don't need to send Hermes a physical copy of the letter of claim given I had a response (haven't done so yet)
2. I can go ahead and start legal proceedings through MCOL today (instead of waiting 14 days)?
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  • 2 weeks later...

Update on my side.

 

Had a surprise delivery yesterday to my address yesterday...turns out it was the laptop!

 

Claim has been withdrawn - I'll take the court fee hit and will never use Hermes again.

Thanks for your time @BankFodder

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