My hermes failed delivery and mental distress.

[BankFodder]

It's obviously a pretty distressing story – but it's rather convoluted and I'm not entirely certain why we are talking about Hermes and also DPD.

Is it correct that you send a parcel using Hermes. The contents of the parcel were properly declared at £500 and also you bought insurance that amount of money.

The parcel never arrived at its destination – which I understand may be in Italy?

Just give me a quick yes or no on that – we don't need a lot of narrative.

Also, I'm afraid that you will not be able to claim anything for distress or inconvenience. All you will be able to do is to claim for the value of the lost parcel.

This will seem very unfair to you – and of course it is but that's the way the law works and that is the best you can hope for.

[BankFodder]

Well if you prefer the opinion of money saving expert – then you should go to them. However, they are wrong.

I don't understand what DPD has got to do with it. Hermes undertook the delivery, you paid then the money and they were responsible for it.

[BankFodder]

That's a very helpful analysis by my site team colleague @stu007

 

On that basis, your best course of action is to make a formal complaint to P2G for the loss of your parcel.

They will probably decline you after which we will help you draft a letter of claim and then help you begin a County Court claim – because unfortunately I'm sure that that is the way that will go.

Once again, although it seems extremely unfair that these people aren't held fully responsible for all of the distress they cause, distress and inconvenience et cetera is only very rarely compensated with damages – and I'm afraid in your case, it won't be.

However we can help you get your £500 back – but they will "put you to proof" which basically means that they will want evidence of the contents of the parcel and the value of the items for which you are claiming

[BankFodder]

Upset or not – (not, actually) doesn't change the fact that the information which you have apparently seen on the MSE website is wrong.

I don't want it to be wrong – but it is. Damages purely the distress are very rarely available – and in fact breach of data protection rules is one of the rare examples.

As much as it grieves me to say, in this case Hermes are right that this kind of loss is not covered – although it's true that you should not normally trust anything which Hermes say. In this case, they are right although they haven't understood that they are referring to "consequential loss". They are referring to something which is more broadly known as "nervous shock" but which would include distress.

For the record, we have always got on very well with Money Saving Expert and in the past we have teamed up with Martin Lewis to fight bank charges and we have pooled our resources. At the beginning of the bank charges campaign, we allowed Martin Lewis to use our bank charges reclaim materials until he eventually went and had his own once written – which were probably better than ours because he had more resources.

I wouldn't call Money Saving Expert a rival. They do very different things to us but sometimes our paths cross as they appear to have done this time – but the information that you got from there was wrong.
I can imagine that the information didn't come from one of their moderating team, it probably came from one of the ordinary users who unfortunately didn't understand how damages are normally calculated.

We are here to help you if you want – but we certainly won't help you to make a claim for damages for distress because it wouldn't be in your interests and you would be wasting money.

If you think that Money Saving Expert can help you make that kind of claim then as I said, you should go there but you are always welcome to come back here.

[BankFodder]

Well it's been six or seven weeks since you disappeared so I think that we will need to bring ourselves back up to speed.  You will need to tell us what you've done so far and if you have sent a letter of claim then we need to see a copy of it here in PDF format.
If you have issued a claim then we need to see that as well please in PDF format.
If you have issued a claim then presumably they will have filed a defence and we need to see that as well in PDF format.

If you haven't issued a claim then we need to know the circumstances in which they have made you this partial offer.