Hermes - Extra Charges, but lost Item

[BankFodder]

bankoff We've had some media interest in this story – especially because of the principle involved which I have explained above.

 

Would you be prepared to talk to the media? Or more specifically would your friend be prepared to talk to the media because I think that they would want direct contact.

 

Apart from anything else they would want to see all of the correspondence involved.

 

Please will you contact me by email on our admin address with your contact details

[bankoff]

Hello BankFodder

 

I cannot get to the Admin address, tell me how

[silverfox1961]

Hello BankFodder

 

I cannot get to the Admin address, tell me how

 

Hover your mouse over the word admin (in bold)

[bankoff]

Hi All

 

A development, the customer has now received the extra postage charge and admin fee, which amounts to less than £5. They really are having a laugh, hence customer, has had to adjust letter and re-date for tomorrow, but, he is even more mad about it than ever.

 

Interested in media, can you contact me by private email. Maybe i cannot access admin as I am using an iPad, so probably not the full version of CAG. However I will try again.

[ASIIndustries]

Remember to remove the space from the email address after the "@"!

[silverfox1961]

Remember to remove the space from the email address after the "@"!

 

Correct. To prevent spam, the robots behind CAG insert a space in email addresses so that it doesn't work. The drawback is that it also does the same with legit links.

 

admin@consumeractiongroup.co.uk

 

Just after consumeractiongroup, there should be a space. remove it

[bankoff]

Hi

 

Thanks all, have now sorted this out.

 

Corrected letter gone off today, watch this space

[bankoff]

Hi

 

Attached scan of Apology letter which was sent to customer, private bits blanked out, for info mainly as it must have crossed over with the 14 day one that was sent.

 

I hope you can see it ok.

 

Nothing heard as yet, but we expect them to ignore it. But they cannot be complacent as claim could go in during the festive seasons, how nice for them,,,,,,,,,,,,,,,,,

[BankFodder]

The Sun will be running the story soon - but it will be quite general. It would help you and them if you were to speak to them before it is published.

 

There is absolutely no disadvantage to speaking to the press.

The only winners from not doing so are Hermes, of course.

[silverfox1961]

Any unfair terms can be struck out by the courts if it puts the trader at a advantage over the consumer and I suspect that when court papers hit the mat, they won't want to risk their T's&C's being scrutinised.

[aburobert]

Any unfair terms can be struck out by the courts if it puts the trader at a advantage over the consumer and I suspect that when court papers hit the mat, they won't want to risk their T's&C's being scrutinised.

 

Agree. I would be most surprised if My Hermes did not back down.

 

Companies like this rely on the majority not challenging their terms and conditions. So they would have little to lose if they simply settled the claim against them. The last thing they want is their suspect terms and conditions being openly challenged and publicised.

[bankoff]

Hi all

 

Will speak to customer again, in the hope he will consider speaking to them.

 

I believe from the look of the letter that the quote from their terms and conditions will be what they will use for their Defence. It looks very unfair to me that they hide behind a third party. Will let you know if there are any more developments.

 

Thank you again

[aburobert]

If this goes to court you will need to think about making them uncomfortable about their terms and conditions.

 

For example find out about how and what they are insured for - they must have some kind of liability insurance. Their insurance probably covers them for their sub contractors inefficiencies when they occur and losses within their systems.

 

Put them to strict task to state where in their chain the package went missing. If the package was with a sub contractor when it 'vanished' or was damaged this should be covered by the courier insurance the sub-contractor is supposed to have. (This may be a legal requirement?) I know when I worked as a sub contractor for two major national courier companies I only received work when I had courier insurance.

 

You should not have to insure against a company being tardy or uncaring with items in their care.

 

Read very carefully Bankfodders comments in post two and use his arguments regarding insurance cover as well.

[bankoff]

If this goes to court you will need to think about making them uncomfortable about their terms and conditions.

 

For example find out about how and what they are insured for - they must have some kind of liability insurance. Their insurance probably covers them for their sub contractors inefficiencies when they occur and losses within their systems.

 

Put them to strict task to state where in their chain the package went missing. If the package was with a sub contractor when it 'vanished' or was damaged this should be covered by the courier insurance the sub-contractor is supposed to have. (This may be a legal requirement?) I know when I worked as a sub contractor for two major national courier companies I only received work when I had courier insurance.

 

You should not have to insure against a company being tardy or uncaring with items in their care.

 

Read very carefully Bankfodders comments in post two and use his arguments regarding insurance cover as well.

 

Thank you for this, we could well use some support with the correct wording. Nothing heard as yet, will let you know if there is.

 

I checked on the Recorded Delivery, it was signed for on Monday 14th, so when would be the best time to go with the claim if nothing received back? Giving them 14 days from 14th puts us somewhere between Christmas and New Year.

[BankFodder]

I can't imagine why you think that Hermes are going to respond to you.

 

There will be no problem with the wording. It's very easy and the important thing is to keep everything to a minimum and simply make your claim. We will help you.

 

I have to say I don't feel comfortable with the fact they would assisting some third-party here who for some reason rather would rather not come and do the job himself/herself.

 

I also think that it is a very poor decision not to speak to the press. It is very unsupportive of the other victims of this company.

[aburobert]

My Hermes will think you are bluffing. I should imagine a high percentage of those that threaten them with action never carry it through - and they think you are one of these.

 

Once the time you allowed them to respond has elapsed issue the Summons. As Bankfodder has indicated this is easy to do. Basically all you do is list your points against My Hermes dreadful service in a series of bullet points. There are plenty of examples of issued Summons scattered around the CAG site to give you an idea.

 

Once you have drafted something post it up here and you will have the collective thoughts and ideas of others to add input and aid in a final draft.

 

I must also admit I am rather perturbed that an opportuntiy to air the grievances against My Hermes with the national press was not taken up. If it had been it would have been another asset to show My Hermes you mean business and prompted others to take similar action against them - Nothing to lose and everything to gain IMHO. Agree also with the point that acting for a third party is rather disconcerting as well.

[silverfox1961]

In defence of the OP, there may be reasons (personal or otherwise) that mean they are reluctant to name themselves to the press. There are many people out there that want to go the whole way but are uncertain of popping their head above the parapet.

 

I'm sure that the Sun would protect anonymity if requested though. One of the good things about the British press is that they have the power to bring companies to task on issues like this.

[Conniff]

http://tinyurl.com/pwsu6hr

 

I suspect they are likely to be unfair(not read them yet) as they are very likely to be worded to MyHermes benefit.

 

I just clicked on that link and it opens onto a MyHermes page with the most ironic, (and apt), reply:

 

Error 404

Page not found

Sorry we didn't deliver this time

Unfortunately the page you requested could not be found. The URL you've tried is either wrong or the file may have changed or moved.

[BankFodder]

So where are we with this. I understand that our invisible friend sent an LBA on the 10th - about 3 weeks ago, giving 14 days before a legal action would be started.

[bankoff]

Hi BankFodder

 

We are now in the process of doing the claim, would really like some help with the wording, I know it must be brief.

 

To start with in the particulars of claim

 

"You are required to give details of your claim in,,,,,,,,,,,,,,,,,,,, If you wish, ,,,,,,,,,,,,,,,,, if you need to do this, please tick here

 

Do we tick this box? They know what our particulars are,

 

In the short statement box

 

I wish to Claim for the full value of a parcel sent through the Hermes Delivery system as they have failed in their duty of care to me a Customer under the following:

 

SCHEDULE 2, CONSUMER CONTRACT TERMS WHICH MAY BE REGARDED AS UNFAIR

PART 1, LIST OF TERMS

 

2 A term which has the object or effect of inappropriately excluding or limiting the legal rights of the consumer in relation to the trader or another party in the event of total or partial non-performance or inadequate performance by the trader of any of the contractual obligations, including the option of offsetting a debt owed to the trader against any claim which the consumer may have against the trader.

 

3 A term which has the object or effect of making an agreement binding on the consumer in a case where the provision of services by the trader is subject to a condition whose realisation depends on the trader’s will alone.

 

Hermes have been negligent with my item in their care,

 

On ,,,,,, October 15, a parcel was sent by Hermes to XXXXXXXXXXXXXXXXXXXX. Shortly after this one of Hermes Agents contacted me to ask for further payment as the parcel was overweight. This was paid immediately. This proves the parcel was within the Hermes sysem. On ,,,,, November I contacted Hermes to enquire where the parcel was, Hermes stated they would investigate. Three days passed so I contacted them again, and I was then told the parcel was lost. I require Hermes to state where the parcel disappeared, was it with Hermes or was it with an outside Contractor.

 

A transcript from a Hermes employee stated that a full refund would be made.

 

If the item was with an outside Contractor, was the contractor fully covered by Insurance?

 

Just some thoughts, please help, want this to go off by tomorrow,,,,,,,,,

[BankFodder]

The defendants are a parcel delivery company. On XXXdateXXX the defendants agreed to deliver the claimant's parcel containing a XXXX value £XXXX to an address in the UK. The delivery fee was £XX which was paid by the claimant. Reference no. XXXXXXXXX

 

The defendants failed to delivery the parcel and have subsequently reported it as lost.

The defendants refuse to refund the value of the XXXcontentsXX and the delivery fee.

 

The claimant seeks

 

£XXX - value of XXXitem

£X - value of packaging

£XX wasted delivery fee

Total: £XXX

 

Plus interest pursuant to s.69 County Courts Act 1984

 

If this reflects the true situation, then this is all you need.

 

You don't need to start adding additional information or feeding cues to the other side.

 

A minimum of information which simply states the facts and shows that you have the basis for a case is all you should put.

 

Wait for their defence and see what they say and then you can react to that

[bankoff]

Hello BankFodder

 

Many thanks for your help on this one, the customer is not very good at wording, but I have seen all the correspondence and chat transcripts.

 

What you say is very good, and we shall use it.

 

We shall be getting it done tomorrow morning, then its just a case of wait and see.

 

Thank you again

[BankFodder]

He had better understand that it could go to court - and then he will have to appear and present his case - whether he feels comfortable about it or not.

Frankly it's not complicated but he needs to realise that once the papers are issued then he is committed.

[Tinaatswansea]

Looks like Hermes received lots of complaints and it doesn't look like they take it seriously. Actually before 1700 today I never heard of this name.

 

The story is, I ordered something online at Debenhams a few days ago and it appears they use Hermes as thier courier. ( so I am contracting with Debenhams but nontheless because I didn't receive my parcel and wonder I ever will ). I was not home thsi morning and when I was back at 1700ish there was note stucked inside the letterbox saying " sorry I missed you and the parcel was left at no 4 ".

 

To start with I have no idea who lives there and was seriously surprised that teh courier was allowed to deposit the parcel whereever they choose without prior agreement in the event where the receiver is not home or even informing me on the actual date of delivery. Nope !! They just left it at an address where I have since been three times without a trace of anyone living there so I can't even ask teh " neighbour " to kindly hand me the parcel he or she so kindly kept for me. In fact I don't even know if this ever happened.

 

When I logged on to trace my order it says received with customer signature.

 

Can someoen tell me how is it possible that I give a stranger my permission to sign on my behalf ? Would you order something online ( sometime having to pay for the delivery ) only to have it delivered to someone else to whom you might never be able to claim the goods? I mean, what's the point then to have the parcel delivered to your hoem address if you can't even be sure you have the control over who will receive it? That's the whole point of online shopping, right ? Otherwise why don't we just go to the real story?

 

While Debebhams promised a replacement they won't allow me to collect the item in store. So it will be the same courier, Hermes, who is in fact teh reason why I didn't receive the parcel at the first place, to deliver this replacement !! Gosh !! I talked to people and they all seem to be resigned.

 

Why? Why on earth people accept this kind of " practice " I don't understand. I want the online store exercise more control over who they choose as couriers and the couriers exercise more controls over thier contractor ( the drivers ). As far as I know these drivers are independent contractors. The more they deliver within a limited amount of time the more they earn. So they don't give a damn whether or not you actually receive your parcel as long as it is delivered to whoever can sign.

 

By the way, isn't that fraud + theft ? Isn't that an offence ?

 

From the complaints I read about this company ( not just on thier FB but everywhere on teh internet )why is this company allowed to operate as it is ? Why us consumer not to work together to bring this issue to the attention to the responsible authorities ? I would for one never use any online store who use this courier because it means you will pay for getting nothing.

 

Bring this to the press. My experience is that bad PR works much better and faster than a court action. Besides, a court may just solve one case and this company keeps making money. There are mountains of complaints about this company so why don't we work together ? Yes, I am gutted and I can't believe that this can happen in the UK and people just put up with it !! We shall not accept it. Bring this to the social media and the press. I have never seen such an irresponsible delivery " service " before.

[BankFodder]

I agree that press coverage is very effective - but it seems that Our Invisible Friend would rather not.