Parcelshop/Hermes 2 -BOSS ME-25 multiple effects pedal switched/stolen ***Settlement Resolved***

[FMJ36]

Hi

 

I am looking to send a letter before action to Hermes following the loss of two items from packages that were tampered and the items stolen before they reached the recipients. The two items were sold on ebay and dropped off at the parcel shop to be delivered by Packlink and Hermes on the same day with the same 8-digit ticket barcode:

 

First item (BOSS ME-25 guitar pedal) sold for £63, including postage with standard cover (up to £25):

 

15/05 - item dropped off at parcelshop, in orginal box with padding, inside a secured delivery bag

19/05 - item arrived at recipients house and recipient reported that he had received a pair of womens ASOS jeans in a clear plastic bag, there are clear signs of tampering and resealing at the top of the bag, the image of the package on the recipients doorstep is clearly not the package that was sent, which weighed 5kg and was nearly 20cm in height. I have attached the photos

20/05 - packlink open formal investigation into theft/tampering of parcel (maximum compensation £25)

20/05 - hermes claim the parcel has been delivered and request that the recipient file a Denial of Receipt if he has not received the item

 

 

Second item (Ipod Classic 120Gb) Sold for £60 including postage with standard cover (up to £25)

 

15/05 - item dropped off at parcelshop, in perfume box with packaging, inside a delivery bag

19/05 item arrived at recipients house and ipod was missing from inside, leaving just an empty box with packaging in the delivery bag (photos attached)

20/05 - packlink have not yet responded to the complaint

 

I have written up a template 'letter before action' to send to hermes customer support (hermessupport@myhermes.co.uk) and put it in the quote below. Please have a look and let me know if this is the correct step to take next

 

Quote

Dear Customer Support,

 

I am reporting the theft of two items that have gone through the Hermes network and gone missing. The delivery bags have reached the recipient having clearly been tampered with and with either the item missing or the item replaced. Both items were dropped off to the parcel shop on the same day on the same ticket, barcode - P9814659. 

 

 

The first case is package reference - H0067A0004036768

 

This package was delivered with clear signs of tampering, and a cut through the top where the item (Boss ME-25 pedal) had been removed and then replaced by a pair of womens ASOS jeans in a clear ASOS bag, prior to being delivered. Please find the photos attached. 

 

 

The second case is package reference - H0067A0004037570

 

 This package reached the recipient with the item of value (Ipod Classic 120Gb) missing. The package had been tampered with and the item removed, leaving an empty box with packaging in it when it reached the recipient. Please find the photos attached.

 

 

Under the Consumers Rights Act 2015 I am claiming compensation for the full sale value of both items, which is £123, including cost of postage and insurance. As beneficaries of the contract with Packlink, the Contracts (Right of Third Parties) Act 1999 gives me the right to claim this compensation, directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be forced to open a small claims case through the Government Small Claim service.

 

Yours sincerely,

...

 

 

Best regards

 

 

[FMJ36]

Thanks BankFodder, I have opened a new topic for the second item (iPod Classic) which can be found here:

 

https://www.consumeractiongroup.co.uk/topic/435059-hermes-package-tampered-with-item-stolen/

 

Hermes are now assessing the claim for the first item (BOSS ME-25) and said this will take up to 28 working days. I will update this page when the decision comes through

 

Both companies have now come back :

 

20/05 - Packlink email stating that they are carrying out a formal investigation for tampering/theft

22/05 - Packlink email confirming that the parcel had been lost

24/05 - Packlink dismiss the claim with no compensation (photo below)

            - Hermes deem the parcel as lost in the network and advise contacting Packlink for compensation (photo below)

 

I will prepare a letter before action to post to both Packlink UK and Hermes UK, and will post a draft of it here before sending it off, let me know if there is anything else I need to do before that

 

Thanks

Hermes.pdf Packlink.pdf

 

Here is a draft of my letter before action:

 

Quote

Dear...,

 

I would like to bring to your attention the tampering of a parcel, and subsequent theft of a BOSS ME-25 multiple effects pedal, while in transit through the Hermes network. As a private seller, this has cost me the full sale value of the item of £56 plus postage costs of £6.68. Under the Consumers Rights Act 2015, I am claiming compensation for this value - £62.68. Given that Hermes are beneficiaries of the contract with Packlink, the Contracts (Right of Third Parties) Act 1999 gives me the right to claim this compensation directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be opening a small claims case through the County Courts.

 

Yours sincerely,

 

I tried to keep it brief and to the point, let me know if there's anything missing

 

Thanks

[FMJ36]

Thanks BankFodder, I've revised the Letter of Claim and will e-mail and post it today. From what I've seen on these threads the next step is to prepare the claim on the MCOL website, so I'll start on that now. Will update here again when I next hear from Hermes or if I have any questions about the process

[FMJ36]

Heres the draft:

 

Quote

Dear Martin de Lange,

 

On 15/05/20 I used Hermes service to send a parcel, containing a BOSS ME-25 multiple effects pedal, to a UK address. It was sent under Hermes reference number - H0067A0004036768. I have informed you that when it arrived at its destination, the parcel had been tampered with and no longer contained the item above.

The item was properly declared and the value was properly declared at £62.68. My compensation claim, for the theft of this item, has been dismissed.

 

Under the Consumers Rights Act 2015, I am claiming compensation for the value of £62.68. Given that Hermes are beneficiaries of the contract with Packlink, the Contracts (Right of Third Parties) Act 1999 gives me the right to claim this compensation directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be opening a small claims case through the County Courts.

 

Yours sincerely,

...

 

[FMJ36]

Amended as follows:

 

Quote

Letter of Claim

 

 

Dear Martin de Lange,

 

On 15/05/20 I used Hermes service to send a parcel, containing a BOSS ME-25 multiple effects pedal, to a UK address. It was sent under Hermes reference number - H0067A0004036768. I have informed you that when it arrived at its destination, the parcel had been tampered with and no longer contained the item above.

The item was properly declared and the value was properly declared at £62.68. My compensation claim, for the theft of this item, has been dismissed.

 

Under the Consumers Rights Act 2015, I am claiming compensation for the value of £62.68. Under the Contracts (Right of Third Parties) Act 1999 I have the right to claim this compensation directly from Hermes. If my claim is not approved, within 14 days of receipt of this letter, I will be opening a small claims case through the County Courts.

 

Yours sincerely,

 

 

I've had a look at some examples of Particulars of Claim on other threads here and drafted this:

 

Quote

The claimant used the defendant's courier

service to deliver an item, value – £56 to a

UK address. Reference number

H0067A0004036768. The defendant breached the

contract by losing the item, prior to

delivery, and refuses to compensate the

claimant. The defendant's requirement that a

customer is responsible for insuring

themselves against the defendants 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 £56 plus

delivery fee £6.68, total: £62.68.

 

Please let me know if anything needs to be changed, or added, for this case in particular. Thanks

[FMJ36]

Just a quick update to the case. Hermes put up a defence and i sent off DQ yesterday, opting for mediation. Attached is a copy of their defence.

 

Doc_20210722_100122 (5).pdf

[FMJ36]

Hi, quick update on this case

 

Mediation was set for today and I never received a call, I called the mediation customer service and it turns out Hermes had cancelled it on 15/09 and I will receive a letter to inform me - too late

 

The case has now been transferred to the local court and the mediation service told me to wait until i hear from the local court as they may schedule a mediation, because it can't be rescheduled through small claims. I received an email from a Hermes lawyer on 15/09, the same date they cancelled 

Quote

Dear ...,

 

By way of brief introduction, I am a member of Hermes Legal Department and I have taken over conduct of the claim you made against Hermes.

I write with a view to settle the matter.

You are claiming compensation in the sum of £97.68.

Hermes position is that when you sent the parcel you entered in to a contract with Packlink. Hermes Parcelnet Ltd have contacted Packlink and they have advised that the value of the parcel was £56.00, you paid £6.68 for the postage and took out insurance in the sum of £25.00.

Therefore, under the contract you have with Packlink the most you are entitled to is £31.68.  Please note that Hermes Parcelnet Ltd are not liable for the parcel as your contract was with Packlink.

Notwithstanding the above, as a gesture of goodwill Hermes are willing to offer you £31.68 in full and final settlement, which is equivalent to the maximum amount of compensation you would be entitled to under your contract with Packlink. Alternatively, please provide us with proof in the form of receipts and bank statements as to the value of your claim and we will review accordingly.

We also take this opportunity to apologise to you for any issues you have experienced when using our services.

If you would like to accept this offer, please provide me with your account details at your earliest convenience and I will arrange payment.

I look forward to hearing from you.

Yours Sincerely

...

 

Getting a bit more complicated than I anticipated but hopefully will be sorted when the local court get in touch. I haven't replied to the email as I have sent all this information before and dealing directly with Hermes doesn't seem wise at this stage. I didn't expect them to dodge mediation though so not sure what to expect next. If you have any experience with this, please let me know. Thanks

[FMJ36]

Her name is Chloe Higgs. Thanks for the suggestions, I'll write up a reply and update again here when the case moves forward

[FMJ36]

This case has now been settled over email for the claim full amount, this is the final email regarding it. Thanks for all your help with this one.

Quote

Dear ...,

 

Hermes would like to settle this matter amicably and did agree to mediation. It is unfortunate that the scheduled mediation appointment did not take place however Hermes did not cancel the appointment, it was cancelled by HMCTS. I therefore sent our previous offer in light of the cancelled mediation appointment with a view to resolve this matter.

Further to your email, I note that you have rejected our offer of £31.68. As a gesture of goodwill Hermes is willing to offer you £97.68 in full and final settlement of your claim H8QZ73Y4. If you would like to accept this offer, please provide me with your account details at your earliest convenience and I will arrange payment.

With regard to parcel H0067A0004037570, I have passed this information on to our customer services claims department to investigate and they will be in touch with you shortly. Again, I would like to take this opportunity to apologise for any issues you have encountered when using our service.

Kind regards,

Chloe Higgs

 

It looks like I may have to file another claim for the other post which was also discussed - https://www.consumeractiongroup.co.uk/topic/435059-hermes-package-tampered-with-item-stolen/ and will update it now with the correspondence I have received

 

Thanks again 

[FMJ36]

Thank you, here's the email I sent for reference. I tried to include the important points you made in the example email and re-worded it to match the case

 

Quote

Dear Miss Chloe Higgs,

 

Thank you for your email.

 

Following Hermes cancellation of our scheduled mediation for 17/09/2021, which I was not informed of, I will now await instruction from ... Court to proceed with the case.

 

I will not be accepting any offers below the value as stated in the claim. The total amount in settlement I am requesting is £97.68 which has been calculated as below: £56 for the value of the item, £6.68 postage and £35 court fee.

 

Please find attached receipts and evidence confirming the value of my claim. I will be fully content to provide my account details and settle the case in this manner, if the full amount of £97.68 is offered. 

 

Please note that Packlink is domiciled in Spain, therefore I have decided to apply my rights under the Contracts (Rights of Third Parties) Act 1999 which confer upon me full rights to bring a legal action against Hermes. In addition to this, Hermes are not are not regulated or authorised by the FCA to provide insurance and the requirement that a customer is responsible for insuring themselves against Hermes own negligence or the criminality of its employees is unfair within the meaning of the Consumer Rights Act 2015, and is therefore unenforceable.

 

During mediation I was hoping to resolve another dispute with Hermes without having to take legal action, and take up more of the Small Claims departments time. I sent to your Client a Letter Before Claim, posted on 10/09, for another lost/tampered parcel of the total value of £59.84 (£56 + £3.84 postage), which was posted on 15/05/21, with a Parcel number H0067A0004037570. Please find attached receipts and evidence confirming the value of my claim. I will not file this claim if Hermes are willing to settle this dispute as well, in the full amount of £59.84. Otherwise, I will be forced to file another Small Claim against Hermes which will be opened on 24/09. If legal action is to be taken to resolve this matter, it may involve Hermes having to pay extra court fees and additional costs.

 

In summary, I will provide my account details and agree to settle claim H8QZ73Y4 if the full claim amount of £97.68 is offered. Furthering that, if an additional £59.84 is offered, for the total sum of £157.52, I will consider my upcoming claim for £59.84, plus the resultant court fees of £35, for parcel number H0067A0004037570, also revoked.

 

I look forward to hearing from you what action you would like to take next and I am hopeful we can resolve both matters without going through further proceedings, and taking up any more of the Small Claims department and the Courts time.

 

 

Yours sincerely,

...