Another @hermes negligence issue

[Hermes12]

I’m not a business seller 

• sold GoPro on eBay for £250
• posted next day delivery via Hermes
• customer said they received a shower curtain
• on Hermes delivery picture I could see brown tape on the parcel when I had only used blue
• ebay refunded customer on my behalf and closed down my account
• Went via Hermes and completed a  ‘lost parcel’ form and they’re refunding £20 cover plus delivery even though someone on their network had clearly tampered with and replaced my item

 

I can see various other threads on Hermes here and I believe I need to write a letter of claim and a particulars of claim? 
 

any help appreciated thanks

 

 

[BankFodder]

You haven't told us when this happened.

Start off by start off by making a complaint to Hermes and telling them that you want your money back. After about 10 days – if they haven't reimbursed you – which they won't or they write back and decline - then send them a letter of claim.

Draft your letter of claim and post it here before you send it.

Make sure that you have read lots of the other threads so that you understand how it goes. I expect that your claim will follow the same path.

On a separate matter, I'm intrigued that eBay closed your account. Has this kind of thing happened to you before?

[Hermes12]

Sorry, item sold on 11th November. Hermes issued refund of £23.55 on the 17th December and refusing to pay any more than this currently.

 

Will follow letter of claim format and post soon for review 

 

With regards to eBay account - have posted odd items here and there over the years with no previous issues

 

 

[BankFodder]

I suggest that you send eBay an SAR in order to try and understand what is going on.

[Hermes12]

I will chase with eBay, thank you.

 

Attached is a draft copy of my letter of claim 

Hermes letter of claim .pdf

[BankFodder]

You clearly haven't done your reading.

You are simply alleging that they have breached the contract. You don't know how the item was stolen or who stole it – and you won't be able to show that in court. You are simply alleging a breach of contract.
Also you are offering ADR. What ADR do you have in mind? Have you seen a scheme where something can be decided without beginning a court process?

If you have then I'd like to know about it.

If you have seen it on this forum then even more, I would like to know about it

[Hermes12]

I agree. I currently have no definitive proof that currently shows a Hermes employee has removed the camera and replaced with a shower curtain. However, would i be able to request that the weight of the item that was processed through their system, be released? This would show a very different weight to that of a shower curtain? 
 

 

[BankFodder]

I don't think you're going to have to go into that amount of detail for the moment.

Why don't you slow down – spend a couple of days reading around the stories and start to understand what you're doing. It will make it much easier.

Nothing is going to happen before the first week or two in the New Year anyway.

Start doing your reading so you understand your way around and you will feel much better and much more confident about it.