myHermes lost parcel

Katrin73

Hi all, I wonder whether somebody can help with the following: I bought something on ebay on 13th December 2015. The seller brought the parcel on its way on the 14th of December 2015. I noticed that the parcel hadn't been delivered on the 14th of January 2016 and enquired with the seller on that day by opening an enquiry. The Hermes tracking indicates what's described above, then the tracking stops, it says "in transit". The seller contacted myHermes several times and they won't do anything, because they say that they have a 28 days notification policy, since the complaint about the non-delivery was made after the 28 days, they can't do anything.

Does anyone know about consumer rights with regards to this. I have paid £30 and not received the goods. The seller has received the money, but also send the goods, so they are not to blame.

Can Hermes just get away with this and refuse to investigate, because the missing parcel was reported to them after more than 28 days?

Any advise hugely appreciated.

Many thanks

Poppie68

Well your title is over the top......They have lost it not stolen it, unless you have proof?. You should be asking the seller for a refund and the seller should be the ones chasing the carrier, unless you arranged the carrier yourself.

Katrin73

Thank you Poppie68, I am not sure I understand you reply though? The title says "myHermes lost parcel" - so where does the stolen come in? The seller arranged the courier (but I said that in my post?) and I did initially want to claim through the seller but once I found out they have actually send the parcel i concluded it wasn't their fault... They did try to chase for my, which is when Hermes said you have to claim within 28 days... Thanks

unholyangel

Katrin73 wrote: »

Thank you Poppie68, I am not sure I understand you reply though? The title says "myHermes lost parcel" - so where does the stolen come in? The seller arranged the courier (but I said that in my post?) and I did initially want to claim through the seller but once I found out they have actually send the parcel i concluded it wasn't their fault... They did try to chase for my, which is when Hermes said you have to claim within 28 days... Thanks

In short, you had a contract with the retailer not only to sell you the item, but to deliver it to you. They chose to outsource their delivery obligations to a third party.

Your position remains unaffected by the assignment and your rights are not dependent on whatever the contractual agreement is between the seller and the subcontractor.

This is why the "unless you arranged the courier yourself" was mentioned - because then the subcontractor is your agent and not the sellers.

Katrin73

Thanks! the problem is just that causes a moral dilemma for me as the seller has clearly send it, but because i only informed them over a month later that it wasn't delivered they can't take it up with their subcontractor = Hermes. I guess I wondered whether Hermes is in their rights to refuse investigation if requested more than 28 days after sending.

wealdroam

Katrin73 wrote: »

Thanks! the problem is just that causes a moral dilemma for me as the seller has clearly send it, but because i only informed them over a month later that it wasn't delivered they can't take it up with their subcontractor = Hermes. I guess I wondered whether Hermes is in their rights to refuse investigation if requested more than 28 days after sending.

If your morals will allow it, open a Paypal case - Item Not Received.

Poppie68

Katrin73 wrote: »

Thank you Poppie68, I am not sure I understand you reply though? The title says "myHermes lost parcel" - so where does the stolen come in? The seller arranged the courier (but I said that in my post?) and I did initially want to claim through the seller but once I found out they have actually send the parcel i concluded it wasn't their fault... They did try to chase for my, which is when Hermes said you have to claim within 28 days... Thanks

Oh blimey..... Ive either took way too many tablets today...or I'm seriously losing the plot, this is 2 apologies I've had to make in one day...scandelous!

I truly am sorry op.....:o

Katrin73

It seems I can't... I had originally (and without actually meaning to) opened a case in ebay when I just wanted to enquire with the seller where my parcel is. Once I had communicated with the seller I concluded it has to be taken up with Hermes rather than with the seller and closed the case. So now I can't open one again. The seller tried with Hermes several times explaining to them that they couldn't possibly have let them know that the parcel was lost within the 28 days, because the buyer (me) only informed them later than that... Looks to me I will just have to life with having lost the £30... Thanks all for your comments...