mic001
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Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
Hi thanks for your input. I think I wrote this was my first big order a while ago now and I have learnt a lot since then. The first time I used Hermes so understandably had no idea about the minefield of couriers and insurance and how terrible different couriers are. I've changed many things since then, from using different logistics to stronger terms, to business insurance... so I'm all good now and I understand running my business, thanks. Police I mention because they lost/presumably stole for the grey market 3 parcels of my property. Is that so outrageous a thought? I don't think so. But I also can't be bothered with it all, it's a headache I want to put behind me. I didn't intentionally omit anything, more that I wasn't aware of information that may be important until asked. -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
It’s just been such a nightmare, I don’t know if more fighting is worth the £60 (if it indeed would only be £20 each parcel lost)! I’ve been through the whole system, they’ve offered me their paltry £20 and I turned it down because I was going through the small claims track... so even if I am still eligible it’s a bit soul destroying! -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
Hey ericsbrother, thank you for your voice on this matter. Yes it was business stock, from what I have learnt that doesn’t garner the same rights as if it were a private customer :( Now I have dropped the case do you think I can still claim for the loss of the parcels? And in that case, are you saying that they only have to pay me out £20 for each parcel? In that case I really can’t be bothered dealing with them all anymore. I can only wish they’ll have terrible sex and constant stubbed toes all through life haha I wonder if going to the Police might be of any use? I mean they stole / lost my parcels? -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
That certainly makes sense and thank you very much for explaining it so succinctly. A stupid error from me and I think I’ll have to drop the case and take it as a massive learning experience. I’ve learnt a lot since then, and even more from this forum. I wish I had found it sooner. You legal minds are giving us noobs very valuable advice. Thank you to all the contributers to this post... hope it helps someone else too! -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
Hi all I've just looked through my order emails and gone through the booking process again, and I think you're right that I stupidly declared it as £20 value, rather than declaring the full value and just not taking the extra cover. The cover only seems to go up to £300 max anyhow. I can't believe I didn't check this before! Do you think my case would be thrown out then... They did still lose my parcels though, is that worth anything or have I shot myself in the foot with the £20 declaration. *facepalm* -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
Hi, as I remember this was the standard threshold at which you didn't need to take out their extra aid cover. This was my first big order to a stockist, and I was using Hermes for smaller parcels and wasn't aware of their terrible reputation. Also I didn't feel I should have to pay insurance cover... trusting them to do their job properly. Knowing as I do now, I always send via better couriers and I now have business insurance which would cover loss. -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
VERY TRUE. I am willing to go to court and represent this myself, I jst need to understand what my argument is and have the points able to come across clearly. -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
I really can't afford legal representation, but do you think there would be a 'no win no fee' type practice I could approach about this. I would be happy to pay a fee from the winnings. I don't think the potential % is high enough for these types of lawyers to be interested though. -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
Thank you Silverfox. Here are the claims form and defence as requested by BankFodder. The claim was amended after the 3rd parcel was lost (at the point of the original filing the 3rd parcel was presumed delivered as it had a delivery scan, but it actually never arrived). I'm aware the claim form is messy and not legal sounding. I had to amend the details on the same form, or else I thought I had to. I am trying to craft a better and more professional sounding defense now, and to hit several key points, such as their unfair T&C's and that they didn't show any due care and skill in losing the parcel. UPDATED 014MC192-claim-form-claimant-copy.pdf Defence.pdf -
Lost Hermes parcels x3, help for court hearing w/o lawyer
mic001 replied to mic001's topic in Postal and Delivery Services
Thank you BankFodder, I was hoping to hear from you as I have indeed been reading through other posts. I have some commitments today but will be researching hard to put a proper 'legal sounding' (not my forté) argument together over the next few days so any input would be greatly appreciated. I would be willing to go to press also. It's awful how Hermes bullies can impact a tiny business like mine when they're clearly at fault and the cost is nothing to them and covered by their insurance surely. Thank you in advance. -
I am a small independent skincare maker. I purchased the service of MyHermes to collect and deliver 4 parcels of wholesale skincare goods to a stockist, and 3 were lost. * 2 parcels had their last scan at the Hermes depot Jun 1st '18, and haven't been seen since. * 1 parcel made it to the destination OK. * 1 parcel was said to have been delivered but was never received, and at some point I was told the delivery scan happened on the other side of town to where the parcel was supposed to go. MyHermes say they've conducted multiple sweeps of the warehouse and can't find them, and have offered me £50 only as a 'good will gesture', which is insulting. I have taken the case through the small claims procedure and it’s been moved from different courts/online to court / different judges etc, and finally now there is a hearing date. I was hoping to settle this without a hearing as I don’t have a lawyer. Hermes claim as the contents is liquids they don’t cover them in their terms. I labelled the boxes as ‘Skincare’ and they took them anyway. And it’s beside the point what the contents were since the boxes were lost/stolen. I'm claiming for the wholesale price of these goods. The case is for around £4,600 including the court costs. I have to pay another £355 hearing fee now, on top of the few hundred I’ve already paid to make the small claims case. Do I continue? Can I go to a hearing without a lawyer and be successful? Do I have any chance? I’m just so sick of all this. I have only a few days (until the 8th March) to pay the hearing fee so I need to decide ASAP whether this is worth it. I would so so appreciate some help or support from someone who knows much more about this than me!
