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steve12345678

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  1. Just an update - Hermes as a tactic didn't upload their response to Money Claims on this. They seem to have posted it. This therefore went to the County Court Business centre around the 18th of January, but can't do anything via Money Claims online - will have to wait for the paperwork to come through.
  2. Yes, I'm just asking if there's anyway of getting my £70 money claim fee back from Hermes - given packlink have only just now refunded me the value of the product and I've already put a claim in
  3. Hi there, happy new year! Just wondering if you had any updated advice for me - your help is much appreciated. For full context their email that frames the return of money to me is below. If I've lost the money for the claim then that's frustrating, but still not the end of the world. I had read on here that it pays to be persistent with packlink so at there very least this shows they do pay up. Though I don't know if launching the claim kicked Hermes into gear to sorting this them. ---- We would like to inform you that your case has been reviewed and accepted for full compensation as a goodwill gesture. 25GBP has already been paid and the the rest of the item value 601.99 GBP will be paid on the 30/12/2021 The compensation claim for loss/damage of the shipment in favour of xxx has been accepted. CONCEPT AMOUNT PAID VIA ✚ Goods Compensation £601.99 PayPal ✚ Postage cost refund £ 3.80 Has been refunded
  4. Hi everyone, hope you had a good Christmas. Plot twist - Packlink have now said they will refund the money for the item. I had been continuing to pester them on the side after hearing someone else had some success on here. But I had stopped after submitting the claim. Good news overall, though now I have paid the £70 Money Claim fee. Any advice on getting this back - presumably from Hermes as part of the process? Or will they now say that they are not liable as I have received the money from elsewhere - costing me £70 in the process? Any advice appreciated!
  5. Thanks for the help so far. They've asked for an extension so imagine they intend to defend it. Will update you in mid-Jan when I hear back, will try and post their defence etc.
  6. Hi team, Monday is claim day. I am using the Money Claim Service to do so, and have filled out both the summary 'why you believe you're owed the money' and the particulars of claim 'claim details timeline'. Any feedback welcome. thank you Why you believe you’re owed the money: On 30/10/2021 I used Hermes to send a parcel containing a new iPad Pro. Reference number XXX. While the parcel did arrive at its destination, the iPad Pro was missing from the package as it was stolen in transit. As acknowledged by Packlink on 9th November, and I quote ‘After completing the investigation with the carrier [Hermes] the shipment has been confirmed as subject to tampering’. The theft has been reported to the police. Crime reference number xxxx This was purchased via 3rd parties (Hermes via eBay packlink) but I am pursuing Hermes as I am entitled to do under the Contracts (Rights of Third Parties Act ) 1999). To date Hermes has refused to reimburse me the value of the missing item despite repeated requests to do so. Claim details Timeline of what happened Change timeline of what happened 30/10/2021 I purchased a Hermes delivery service to send a new iPad Pro with the reference number: XXXXXXXXX. This service was purchased via eBay Packlink. Change 30/10/2021 01/11/2021 A Hermes courier collected the package from my home address. Change 01/11/2021 05/11/2021 The parcel was delivered, but the iPad Pro had been stolen in transit. This was reported to Packlink on the same day along with photographic evidence of the tampering of the package. Change 05/11/2021 08/11/2021 I received an email from Packlink stating the following: "After completing the investigation with the carrier [Hermes] the shipment has been confirmed as subject to tampering" Change 08/11/2021 21/11/2021 I logged the theft with police, who subsequently provided me with crime reference number: XXXXXX Change 21/11/2021 21/11/2021 I contacted Hermes directly in order to make a claim for the value of the item under The Contract (Rights of Third Parties) Act 1999. Hermes declined to reimburse me. Change 21/11/2021 27/11/2021 I responded with a letter before claim, clearly stating that I would issue a county court claim against Hermes in 14 days and without any further notice unless they reimbursed me in full before that date. I also warned that I would be seeking both interest and court fees in addition to my total loss. Hermes again declined to reimburse me. Change 27/11/2021 13/01/2021 14 days have elapsed without any further communications or payments from Hermes, so I submitted this claim. Change
  7. Ok, I have rejected it but they paid it in anyway - their note to me below for full context. Just for clarity, should I adjust the claim amount I'm seeking from Hermes now to take into account the below payment? Or is that just up to me? I wouldn't want them to weasel out of it by saying I've already been paid some money by Packlink --- The compensation claim for the tampering of the shipment xxx in favour of Steve C has been accepted as a goodwill gesture. Please kindly consult our Packaging instructions for future parcels as the packaging must comply with our guidelines. CONCEPT AMOUNT PAID VIA ✚ Goods Compensation £25 PayPal ✚ Postage cost refund £ 3.80+VAT Same payment used to pay the label The compensation will be paid to the account you have indicated in your claim form as below. Account PayPal Postage cost refund (credit card or PayPal) We will be using the same payment method used to pay for the label With this settlement letter, all future legal obligations against us are satisfied. The customer shall be deemed to notify to PACKLINK SHIPPING, S.L. if proceeds, the fact that lost shipment has been located and to refund the compensation paid by PACKLINK SHIPPING, S.L. In the event of such a breach, PACKLINK reserves the right to take legal proceedings against you, in order to recover the above concepts. Thanks for the cooperation.
  8. Thank you, this was sent to them via email and I got the following reply below 2 days later. Essentially same as their original response to my initial email, but worded slightly more carefully now i've threatened legal action. I will continue to wait for the days to expire and get going on the money claim website in the interim. In the meantime Packlink have now told me they have issued me a refund for postage and £25 compensation which I have rejected. I will take this as part payment for the claim. Hopefully this won't affect my claim if there are any discrepancies between the letter before claim and the final claim letter. eBay have also now tried to take money from me (after saying they had already taken it) but i have blocked them from doing so from the bank. ---- Hi Thank you for getting in touch regarding the recent parcel delivery reference XXX I am very sorry to hear that the contents of the parcel you sent did not arrive with your customer, and I can imagine how disappointing this was for both you and your recipient. Unfortunately, Hermes can only explore the possibility of compensation with the party who contracted us with the safe delivery of your parcel, which in this case was Packlink. I advise you to escalate this claim with them directly, as the shipping label was purchased through them. You are within your legal right to take any action you think is required, however as previously advised we have not refused your right to claim but rather we have asked you to go through the service you booked your parcel through, as they will be able to assist you further regarding this.. I can completely understand your frustration and I sincerely apologise for the inconvenience this may be causing you. If you need anything in the future, please contact your Hermes Customer Service Team and we’ll be happy to help. Kind regards, Hermes Customer Services
  9. Yes that's a good point, having a look they do have a disclaimer for that on the delivery page now. I have now received the bog standard reply from Hermes saying that they won't do anything. Have adapted a letter before claim/action below. Any feedback welcome. Am planning to email this over in response to their last email (or is it better to post to their legal department? or both?)
  10. Yeah I thought that, but I would have thought with the signature being something extra you have to pay for, they would have delivered to a neighbour or kept it until they could have it signed for by someone. They have also not sent me the evidence of delivering it. Just adds more fuel to the fire that the person delivering didn't want to hand an empty envelope over to someone when it should have had an iPad in it.
  11. Thanks - I did have a look before but have had a look at a few more since. Definitely going after Hermes as a first point of call. Sent a version of my original post via their web chat after following the clues to 'report damage to my home/vehicle' as per another post here. So sneaky they want to avoid you getting in touch at all in the first place. Added in points around Consumer Rights meaning their 'post in a box' nonsense isn't enforceable by law and then told them I was going after them as under the Contracts (rights of third parties) act. Now will have to wait for 10 days to get their standard response. Then guess can move on to the letter before action. Am still chasing Packlink in the interim, will send them the crime reference number when I get it. Will be interesting going through the Money Claims/Small Court process over Christmas!!
  12. Hi everyone, would really appreciate some help with my case. On 30th October I sold a brand new unopened Apple iPad Pro 11’ 2nd gen 2020 on ebay. I used Hermes via packlink ebay to ship the item using signed for delivery. This was securely packaged up in a Jiffy bag and collected by Hermes on 1st November. This was delivered to the buyer on November 5th. The buyer then responded to me with photographic evidence of the packaging being tampered with, and the iPad was not inside. The item was also left in the porch and no signature was obtained, contrary to the service that was paid for. This was immediately reported to packlink the same day on 5th November. After an investigation was carried out it was confirmed in writing to me by Packlink that that the package was subject to tampering and would be passed onto the claims department. Their claims department is subsequently stating that they will not reimburse me for my losses due to me not following ‘guidelines’ on packaging i.e. not posting the item in a box on November 11th. I refuted this decision on the same day, and again on 14th November as no amount of cardboard would prevent a thief working at Hermes from slicing open packaging, taking it out, and re-sealing it with new clear tape as is what has happened. Packlink are also refusing the share with me any evidence of the package being signed for...presumably because they just left it in the porch! Today I also reported this as a theft to the police. The buyer used 'item not as described' rather than not received, despite the messages in my ebay account clearly showing it's an item not received issue. Apparently ebay are only allowed one challenge to PayPal and have taken the money from me, saying I'm not covered by their money back guarantee protections because the issue has been logged with the payment provider, not ebay (I'm told). Though I'm not sure what challenge they exactly put forward, given the claim of 'not as described' is clearly untrue.
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