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What are my rights? Negligence by Hermes

Some context: I am a student and a few weeks ago I placed two orders, one with Zalando and one with Asos, they both arrived safely.

As a consumer I am entitled to return items I am unhappy with.. Thus I decided to return one item to Zalando just because I didn't like the style. My items from Asos were less than satisfactory, one was the wrong size and the other was poor quality and a completely different colour from how it looked online. I arranged both returns to be collected by Hermes through the retailers.

The next day the Hermes collection man arrived unannounced I told him I was sorry but the parcels weren't ready for collection, he said that's fine as he needs to come back tomorrow anyway. The next day he returned when I wasn't in. My housemate (a very trustworthy individual) said she spoke to the collection man who said he was there to collect one parcel, she said 'are you sure it's not two?' and according to her he replied 'oh yes, it was one yesterday but its now two today'. And so she handed BOTH parcels over to him.

Fast forward to two weeks later: Zalando had received the parcel and refunded me. I heard nothing from Asos, but I have returned to them in the past and they have taken a long time. I contacted them anyway, hoping for a reply that they are simply processing my refund and the money will be in my account in due course. After about 4 days of emails back and forth... Absolutely TERRIBLE customer service, probably the worst I have ever encountered, they told me that Hermes had informed them that they arrived at my address but no parcel was actually collected. Now, I know for a fact that the parcel was indeed collected.. it is not here and was handed over to the courier driver. There is no disbelief of this fact my end. Asos told me that the driver at Hermes denied having ever collected the parcel. I also don't have a collection note as Hermes failed to hand one over.

Now I'm in a pickle. I am getting no help at all from Asos who are saying this is my responsibility. Whereas Hermes are just continuously telling me that they won't deal with me as it is a return though a retailer.. they only want to speak to Asos.

Now I am £60 out of pocket, with a parcel that effectively has been stolen. As a student £60 is a huge hit for me, that's 2 weeks of groceries. I don't feel as though I am in the wrong here. Perhaps I should have been there to supervise the handing over of the parcels and ensured there was a collection note, but even so I don't think the outcome would be much different.

Where on earth do I stand? Is that it? Should I just accept I am £60 down and there is nothing I can do about it? :(

*Re-post - moved from Discussion Time (sorry I'm new :D)

Comments

  • Eydon
    Eydon Posts: 599 Forumite
    Part of the Furniture 500 Posts
    Whenever I've returned items via Hermes each parcel gets a sticky label put on it by the courier and they give me the counterpart of each label on a receipt. Two parcels should have resulted in a receipt card with two barcode labels attached.

    If you haven't got a receipt from the courier then I think you're going to be on a sticky wicket as it will be your friends word against theirs.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    lrw1993 wrote: »
    Perhaps I should have been there to supervise the handing over of the parcels and ensured there was a collection note, but even so I don't think the outcome would be much different.

    Where on earth do I stand? Is that it? Should I just accept I am £60 down and there is nothing I can do about it? :(

    *Re-post - moved from Discussion Time (sorry I'm new :D)

    The outcome could be very different with a collection note as you would have proof that the parcels had entered hermes possession and (given it sounds like the retailer contracted with hermes) that then places them at the retailers risk.

    Were the parcels scanned at all? If so, hermes should have a record of it somewhere. Or perhaps a written statement from the friend detailing events and use that to appeal to hermes/asos.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • Driver: Hi, I've come to collect one parcel
    Housemate: Are you sure its not two?
    Driver: Yup, Certainly am darlin, thats all thats showing on my sheet.
    Housemate: Ok then. Here is the parcel.

    Housemate then steals the other parcel and now has a £60 piece of clothing or can flog it down the student union for some beer tokens.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    How come hermes turned up and the parcel wasn't ready for them initially?
    Didn't you get a notification from the retailer stating the time and day they would arrive?
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    hollydays wrote: »
    How come hermes turned up and the parcel wasn't ready for them initially?

    Student! Driver must have arrived before noon!
  • visidigi
    visidigi Posts: 6,735 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    lrw1993 wrote: »
    Some context: I am a student and a few weeks ago I placed two orders, one with Zalando and one with Asos, they both arrived safely.

    As a consumer I am entitled to return items I am unhappy with.. Thus I decided to return one item to Zalando just because I didn't like the style. My items from Asos were less than satisfactory, one was the wrong size and the other was poor quality and a completely different colour from how it looked online. I arranged both returns to be collected by Hermes through the retailers.

    The next day the Hermes collection man arrived unannounced I told him I was sorry but the parcels weren't ready for collection, he said that's fine as he needs to come back tomorrow anyway. The next day he returned when I wasn't in. My housemate (a very trustworthy individual) said she spoke to the collection man who said he was there to collect one parcel, she said 'are you sure it's not two?' and according to her he replied 'oh yes, it was one yesterday but its now two today'. And so she handed BOTH parcels over to him.

    Fast forward to two weeks later: Zalando had received the parcel and refunded me. I heard nothing from Asos, but I have returned to them in the past and they have taken a long time. I contacted them anyway, hoping for a reply that they are simply processing my refund and the money will be in my account in due course. After about 4 days of emails back and forth... Absolutely TERRIBLE customer service, probably the worst I have ever encountered, they told me that Hermes had informed them that they arrived at my address but no parcel was actually collected. Now, I know for a fact that the parcel was indeed collected.. it is not here and was handed over to the courier driver. There is no disbelief of this fact my end. Asos told me that the driver at Hermes denied having ever collected the parcel. I also don't have a collection note as Hermes failed to hand one over.

    Now I'm in a pickle. I am getting no help at all from Asos who are saying this is my responsibility. Whereas Hermes are just continuously telling me that they won't deal with me as it is a return though a retailer.. they only want to speak to Asos.

    Now I am £60 out of pocket, with a parcel that effectively has been stolen. As a student £60 is a huge hit for me, that's 2 weeks of groceries. I don't feel as though I am in the wrong here. Perhaps I should have been there to supervise the handing over of the parcels and ensured there was a collection note, but even so I don't think the outcome would be much different.

    Where on earth do I stand? Is that it? Should I just accept I am £60 down and there is nothing I can do about it? :(

    *Re-post - moved from Discussion Time (sorry I'm new :D)

    Do you have a collection note for either package?

    Being a student is completely irrelevant to your rights.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 17 March 2016 at 7:52PM
    Asos say this " Your collection address must be accessible to the courier and there'll need to be someone there to hand over the parcel. Hermes will attempt the collection between 8am to 8pm, and you'll be sent an estimated 4hr window on the day of collection."t

    Also "• You’ll need to select the date for the collection. Collections can be booked up to 7 days in advance, Monday to Saturday (excluding Sunday and Public Holidays).

• You’ll be sent an email with your returns label that you’ll need to attach to your parcel. You'll need to create and print one label per parcel."

    did you print two different labels-or use the same one twice?
    You've managed to pick a return method -yet twice not been there .

    Of course there was also the option for you to drop this into a local parcel shop too.
    They seem to have loads of return options.
  • marcarm
    marcarm Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    lrw1993 wrote: »
    Some context: I am a student and a few weeks ago I placed two orders, one with Zalando and one with Asos, they both arrived safely.

    As a consumer I am entitled to return items I am unhappy with.. Thus I decided to return one item to Zalando just because I didn't like the style. My items from Asos were less than satisfactory, one was the wrong size and the other was poor quality and a completely different colour from how it looked online. I arranged both returns to be collected by Hermes through the retailers.

    The next day the Hermes collection man arrived unannounced I told him I was sorry but the parcels weren't ready for collection, he said that's fine as he needs to come back tomorrow anyway. The next day he returned when I wasn't in. My housemate (a very trustworthy individual) said she spoke to the collection man who said he was there to collect one parcel, she said 'are you sure it's not two?' and according to her he replied 'oh yes, it was one yesterday but its now two today'. And so she handed BOTH parcels over to him.

    Fast forward to two weeks later: Zalando had received the parcel and refunded me. I heard nothing from Asos, but I have returned to them in the past and they have taken a long time. I contacted them anyway, hoping for a reply that they are simply processing my refund and the money will be in my account in due course. After about 4 days of emails back and forth... Absolutely TERRIBLE customer service, probably the worst I have ever encountered, they told me that Hermes had informed them that they arrived at my address but no parcel was actually collected. Now, I know for a fact that the parcel was indeed collected.. it is not here and was handed over to the courier driver. There is no disbelief of this fact my end. Asos told me that the driver at Hermes denied having ever collected the parcel. I also don't have a collection note as Hermes failed to hand one over.

    Now I'm in a pickle. I am getting no help at all from Asos who are saying this is my responsibility. Whereas Hermes are just continuously telling me that they won't deal with me as it is a return though a retailer.. they only want to speak to Asos.

    Now I am £60 out of pocket, with a parcel that effectively has been stolen. As a student £60 is a huge hit for me, that's 2 weeks of groceries. I don't feel as though I am in the wrong here. Perhaps I should have been there to supervise the handing over of the parcels and ensured there was a collection note, but even so I don't think the outcome would be much different.

    Where on earth do I stand? Is that it? Should I just accept I am £60 down and there is nothing I can do about it? :(

    *Re-post - moved from Discussion Time (sorry I'm new :D)
    You would still have the same amount of money as you do now if you decided to keep the clothing and not send it back. If it is that much of a hit maybe it's time to hold back on the clothes shopping for a while?
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hermes procedure for collections is with Zoolanda you do not print out a bar code, they attach a sticky label containing a bar code and (Should) give you a receipt with a tracking number on it.

    With Asos, you need to print out your own barcode which also contains Asos returns address and you attach this to the parcel.

    Did you print out the Asos label and attach it to the parcel? If you did not they have to treat it a different way and manually process it which can mean it would take longer to get to Asos. This would also explain why Asos think a parcel was not collected as the courier would have had to cancel the original Asos collection which may make Asos think he did not collect a parcel

    So, did you print out the Asos barcode / address label?
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