Myhermes issue..

Janey33
Janey33 Posts: 25 Forumite
in Consumer rights
I contacted a small shop today I purchased from to say my order hasn't arrived.

She has sent tracking info that myhermes posted it through my door last Thursday.
I was home all day and nothing has come through from this seller.

The online tracking says it's been delivered to my door.
The seller said she'd raise claim with myhermes.

But really am i now out of pocket. If i raise paypal claim ill lose as she has tracking post info..
Is there anything I can do?
I'll wait to see what myhermes say, but thats likely to take weeks?!
«13

Comments

  • Hedgehog99
    Hedgehog99 Posts: 1,425 Forumite
    Check the distance selling regulations wording - I'm sure someone will be along in a minute with a link for you.

    With mail order, it's the supplier's problem to get the item to you.

    You have not received it, so are entitled to a full refund or a replacement item. It's then up to the seller to recover the cost from Hermes.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
    Name Dropper First Post First Anniversary
    Janey33 wrote: »
    I contacted a small shop today I purchased from to say my order hasn't arrived.

    She has sent tracking info that myhermes posted it through my door last Thursday.
    I was home all day and nothing has come through from this seller.

    The online tracking says it's been delivered to my door.
    The seller said she'd raise claim with myhermes.

    But really am i now out of pocket. If i raise paypal claim ill lose as she has tracking post info..
    Is there anything I can do?
    I'll wait to see what myhermes say, but thats likely to take weeks?!

    What does the tracking info show? Who signed for it?
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Janey33
    Janey33 Posts: 25 Forumite
    No one has signed for it. It says 'delivered- package posted in letterbox on the tracking
  • naedanger
    naedanger Posts: 3,102 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Janey33 wrote: »
    No one has signed for it. It says 'delivered- package posted in letterbox on the tracking

    How much was the item and how did you pay (credit or debit card etc)?
  • Janey33
    Janey33 Posts: 25 Forumite
    edited 17 March 2017 at 9:08PM
    naedanger wrote: »
    How much was the item and how did you pay (credit or debit card etc)?


    I paid the seller £21 inc postage and paid with paypal
  • naedanger
    naedanger Posts: 3,102 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    Janey33 wrote: »
    I laid the seller £21 inc postage and paid with paypal

    Sorry, I missed that you said in your first post that you had paid by paypal.

    Unfortunately I cannot think of anything.
  • Janey33
    Janey33 Posts: 25 Forumite
    Hedgehog99 wrote: »
    Check the distance selling regulations wording - I'm sure someone will be along in a minute with a link for you.

    With mail order, it's the supplier's problem to get the item to you.

    You have not received it, so are entitled to a full refund or a replacement item. It's then up to the seller to recover the cost from Hermes.


    Thanks ill look :-)
  • steveE2
    steveE2 Posts: 1,303 Forumite
    First Anniversary Name Dropper Combo Breaker First Post
    Save you looking too hard

    http://www.legislation.gov.uk/ukpga/2015/15/pdfs/ukpga_20150015_en.pdf
    29 Passing of risk
    (1) A sales contract is to be treated as including the following provisions as terms.
    (2) The goods remain at the trader’s risk until they come into the physical
    possession of—[/B]
    (a) the consumer, or
    (b) a person identified by the consumer to take possession of the goods.
    (3) Subsection (2) does not apply if the goods are delivered to a carrier who—
    (a) is commissioned by the consumer to deliver the goods, and
    (b) is not a carrier the trader named as an option for the consumer.
    (4) In that case the goods are at the consumer’s risk on and after delivery to the
    carrier.
    (5) Subsection (4) does not affect any liability of the carrier to the consumer in
    respect of the goods.
    (6) See section 2(5) and (6) for the application of this section where goods are sold
    at public auction
  • Kim_13
    Kim_13 Posts: 2,382 Forumite
    Name Dropper First Anniversary First Post Photogenic
    Janey33 wrote: »
    No one has signed for it. It says 'delivered- package posted in letterbox on the tracking

    This seems to be a default with myHermes - I have never known the tracking to say anything different.

    Would the parcel fit through your letterbox? It would probably strengthen your case if the item clearly wouldn't fit through.
  • Janey33
    Janey33 Posts: 25 Forumite
    Kim_13 wrote: »
    This seems to be a default with myHermes - I have never known the tracking to say anything different.

    Would the parcel fit through your letterbox? It would probably strengthen your case if the item clearly wouldn't fit through.

    It might have done.
    It was several wax bars.
    I don't understand why they've said its been posted and not just posted it! So frustrating :mad:
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343K Banking & Borrowing
  • 250K Reduce Debt & Boost Income
  • 449.6K Spending & Discounts
  • 235.1K Work, Benefits & Business
  • 607.8K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards