Hermes - destroyed item as it was "damaged"- **Judgment for Conversion of destroyed item. **WON**

[BankFodder]

Thanks very much indeed for this. I'm very pleased you've had a result – and also it's very satisfying to have had the result on the back of a judgement and having issued the warrant.

Did you get everything back including all of your costs and the cost of the warrant? Did you get the full value of the judgement – including the compensation for conversion of this apparently damaged bag?

 

It will be very interesting and appreciated by many people if you would post up a copy of the judgement please. I think maybe we will use it as a trophy!

We've received a donation – I'm not sure if it was from you, but I responded by email.

Thank you very much indeed once again

 

[hellothere124]

Yes I got the full amount back including compensation for the hassle and SAR that I requested as per the claim plus the court fees (£60 initial fee + £77 warrant fee). They had not adjusted it at all.

 

Am sure you're as surprised as I am that they didn't respond. But I do think they knew they had no defence against the conversion of property point, and backed by how quickly the judgement was issued by the Court. All positive and I hope whoever goes through something similar can use this as an example! It is your property and they are just providing a service regardless of the T&Cs!

 

Yes that donation is from me but not sure why it came from another email!

 

See attached the judgement with my details redacted.

 

All the best!

 

 

 

Hermes_GucciBag_Judgement.pdf

warrant.pdf

[BankFodder]

Thank you for this – and thank you for the donation.

You need to check your PayPal email address because that was the email which was used for it.

It would certainly be nice to think that Hermes didn't know how to handle a claim for Conversion – but I'm afraid I think it is most likely that it simply escaped their notice – the whole thing.

Anyway we'll see. There will be lots more conversion actions in the future and if and when they actually respond to them, will see how they deal with it.

[BankFodder]

A similar case:

 

 

 

 

[Jandrm]

I will ask my son who he went to for the verbal value and see if he can help me with that. I would do it myself but am over 200 miles from him and with lockdown we cannot attend shop or make enquiries,unless they are on line.

I have today received a reply from Hermes who just do not answer the questions you ask them. I did ask how they can destroy and item without authority of Receiver,and who would authorise it.

I will see if I can get the valuation.

 

[BankFodder]

You should be asking them to provide you with photographic evidence of the damage. They should provide it – but of course they won't.
They never do

 

I'm sorry to say that this is all extremely predictable.

Have you read up the Hermes stories in the sub- forum yet? You should do that as a preparation for the action which you will inevitably have to take if you want to make any headway.

 

Also, you haven't addressed the question I asked as to the change of metal and its effect on the sentimental value

[hellothere124]

Hello, just thought I would see if I can help. My experience was similar (damaged and “destroyed” my high value item) but it was from selling an item on ebay, so evidence was available.

I think Bankfodder has already covered this in the other thread so am just confirming the key points we need to know in order to progress this:

 

- Evidence of the ring’s value (as above)

- Responsibility for the loss (Holiday park or Hermes?); do you have any evidence (eg email) that the holiday park confirmed that they had your ring and/or will post it? Or that it’s posted it via hermes? Even getting them to send a photo of the hermes delivery slip they would get from posting, would be evidence (and also for them to confirm they posted it but knowing most public places declare ‘items left or lost are your responsibility etc” - not sure if complicates it even more?

- Packaging from posting; we need the Holiday park to confirm what packaging was used to post it (envelope with bubblewrap? Or just plain envelope?)

- ownership of the “property”; its yours but it may get complicated as it involves your ex. Clarity on the first 3 points is the important bit tho!

 

Hope that helps - correct me if im wrong or missed anything @BankFodder.

 

 

[Manxman in exile]

Congratulations on winning this case and getting it paid!

 

And well done BankFodder for thinking of the conversion action.

 

All too often people unthinkingly limit themsleves to looking only at action under contract when they could also go down the tort route.

 

Again, well done everybody!

 

Now for the diamond ring...

[Its WAR]

It might have been interesting had Hellothere124 purchased the Gucci bag from the other seller to see if it were actually hers. Under Distance Selling Rules she would have been able to return it for a refund. Or keep the bag and get a refund after  questioning the seller as to how they came by it and involve the police, (as well as issue the summons).