Hermes and paypal

Fruitful_2

I posted about this on a thread about Hermes but was advised it may get responses here so here goes.

I purchased an item on ebay and didnt receive it. The seller provided tracking info which stated it was left in my porch. I never leave my porch unlocked, we have had several break - ins, one whilst I was asleep in bed, I am very security conscious.

The seller was helpful at first and offered a refund, then became abusive and started to call me a fraud among other things - all via the ebay email system.

It was then down to me to contact Hermes, the delivery company to find out what was going on. This was not easy as I am not their customer, the seller is and they kept insisting that I speak to her but she was becoming more abusive and eventually unresponsive.

They finally gave me the mobile number of the courier who admitted that she has mistakenly delivered it to the wrong house. Yes it was left in a a porch - but not mine.

Hermes CS also admitted to this on the phone and have now sent me an email to confirm.

The seller is adamant that the tracking number is all she needs to prove that I received the item and she refusing a refund.

I have opened a paypal dispute and copied and pasted the email to it along with the rest of the info.

My question is, where do I stand as a consumer when the tracking info still says it was delivered, Hermes are saying that cannot / will not amend it and all I have is this email and the word of Hermes and the courier?

This is the email they sent me:


Dear XXX XXXXX

Good Afternoon

As per your enquiry I would like to take this opportunity to apologise for the way the courier delivered your parcel, I have contacted the courier and they had advise me that the parcel was actually delivered to an incorrect address and not your address.
I would like to advise you that if you contact the shipper of the goods as we hold the contract with them and we have sent a claim form out to them.

Again I would like to apologise and advise you that I have contacted the courier’s manager and an internal investigation will happen and the courier has been made aware of delivery items correctly.

Regards


Danny C

MyHermes Customer Service
0871 246 1583

Hermes, a trading name of Parcelnet Ltd, Registered in England & Wales no. 3900782.
Registered office: Capitol House, 1 Capitol Close, Morley Leeds LS27 0WH.
This e-mail (which includes any files/attachments transmitted with it) is confidential. It is intended soley for the use of individual to whom it is addressed. Any views presented are soley those of the author and do not necessarily represent those of Hermes.

Any advice would be much appreciated.

GemBee_2

Did they tell you where it was delivered? Are you able to go and ask if they received it?

Fruitful_2

Yes the courier knocked at the house when she realised what she had done and so did I (before I found out she had already done so), and they had no knowledge of it.

I live on a very busy noisy road and we have a lot of break-ins, things stolen from gardens etc. We also have some travellers who drive up and down looking for scrap metal and have taken bikes and even play equipment from gardens. If its not secure and locked up it will vanish, so if they say they never saw it, I believe them.

My reason for posting here is to establish where I now stand as a consumer as Hermes have admitted the parcel is lost and informed me that they have sent a claim form to the seller. It would appear as things stand right now that she can claim the cost of the item back from them and still refuse to refund me.

pinkshoes

Your contract is with the seller, and theirs is with the courier.

I'd phone ebay and see what they say, as they often just rely on a tracking number. Tell them you have a letter from the courier stating they delivered to the wrong address, but they can't help you as their contract is with the seller.

If you don't get anywhere with your ebay dispute, you need to take the seller to court, by sending them a "Letter Before Action", giving them 14 days to refund you the full amount before you take them to court for the money. Given you have a letter from the courier, it's very likely you'll win.

Fruitful_2

Someone mentioned on the other thread that 'left in porch' is not proof of delivery. They dont have a signature to prove that this item was received. The item is not worth enough to make court action worthwhile.

GemBee_2

I would open a dispute. The have all the proof so I would say you should get your refund from the seller and the seller gets a refund from Hermes. Meaning the only one's to lose out of Hermes. You have done all the hard work for the seller so all you need to do is send it all off.

Fruitful_2

Yes I have started the dispute, the seller has ten days to respond before I can escalate it to a claim and so far she is ignoring it. I am just not sure how much weight a copy and pasted email will hold against a tracking number that states it was left in my porch.

stsarina

Did the item cost over £150? If so, I believe Paypal require a signature as proof of delivery, not just tracking details.

arcon5

The onus is on the sellr to proof delivery, not the buyer to proof non-delivery.

Tracking information that says 'delivered' carries no weight.

PayPal will reimburse you so you have nothing to worry about.