Hermes faked signature/Flannels not accepting liability

curlyleatherskanga

Hi all,

This is my first post/thread as usually i can find the information on here and resolve it myself, however I'm having a little bother with this one.

I ordered a coat from Flannels.com costing over £200 just before Christmas and it was to be sent via Hermes tracked and signed for. I received an email on 21/12/16 to say my parcel had been delivered, so I checked the link and it also stated signed by customer. However, both myself and my partner were at work when it was delivered so how is this possible?

I contacted flannels.com on 22/12/16 to inform them of such and received a reply on 27/12/16. This stated that I had to fill out a denial of receipt form which they have called a legal requirement, and if said form is not returned within 7 days they assume parcel has been received.

i have asked them for a copy of the signature and where the parcel has been left but no reply. So I messaged again and they have replied that the case will be closed within 7 days without them assuming liability for the lost package. This is total nonsense right? i have never been asked to sign such a form, as surely my emails are a confirmation that I have not received it, and that the failed delivery is their problem as the contract exists between Flannels and Hermes. Are they also in breach of contract?

any help would be great. i have asked for my order to be cancelled under the Consumer Contracts regulation 2013 as I am not at all happy with there customer service and responses.

many thanks

Brad

naedanger

curlyleatherskanga wrote: »

Hi all,

This is my first post/thread as usually i can find the information on here and resolve it myself, however I'm having a little bother with this one.

I ordered a coat from Flannels.com costing over £200 just before Christmas and it was to be sent via Hermes tracked and signed for. I received an email on 21/12/16 to say my parcel had been delivered, so I checked the link and it also stated signed by customer. However, both myself and my partner were at work when it was delivered so how is this possible?

I contacted flannels.com on 22/12/16 to inform them of such and received a reply on 27/12/16. This stated that I had to fill out a denial of receipt form which they have called a legal requirement, and if said form is not returned within 7 days they assume parcel has been received.

i have asked them for a copy of the signature and where the parcel has been left but no reply. So I messaged again and they have replied that the case will be closed within 7 days without them assuming liability for the lost package. This is total nonsense right? i have never been asked to sign such a form, as surely my emails are a confirmation that I have not received it, and that the failed delivery is their problem as the contract exists between Flannels and Hermes. Are they also in breach of contract?

any help would be great. i have asked for my order to be cancelled under the Consumer Contracts regulation 2013 as I am not at all happy with there customer service and responses.

many thanks

Brad

You would be better signing the form. Without doing so you are making things more difficult for yourself.

If you refuse to sign and the retailer refuses to pay what are you ultimately going to do? If you sue them then you will need to testify that you did not receive the items as part of the legal process. And going to court is going to be more work for yourself and involves risk and possibly cost.

ThumbRemote

I don't understand why you don't just sign the form. Presumably they want a copy of your signature so they can get the courier to check. Not signing it just makes it look like you're hiding something.

sheramber

i recently had to report non receipt of an item due to be delivered by Royal mail.

The company sent me a claim form to be completed and signed confirming non receipt so that they could claim from Royal Mail.

The money has been refunded today.

Ant555

As already suggested the retailer has a process - they would be daft to simply refund everybody that emailed to say parcel not delivered without checking.

I had a Hermes parcel showing 'delivered' before Christmas and we were out all day - the retailer took lots of details from me, checked with Hermes who said delivered to number 48 as nobody was home (we are 50). 48 said nothing delivered to them but it turned out that 48 had given it to 46 by mistake and 46 were away for 3 days. We all know each other so there was no bad intentions, just a mistake. Got it in the end.

I'm not saying this has happened to you but Hermes didn't leave a card through the door so we had zero information to go on. I wonder if there is a possibility it was delivered to a neighbour?

This below from the Flannels web site
"If you are not available to collect and sign on the courier’s first visit they may leave it with a neighbour, or in a safe place (i.e. hidden from sight and protected from the rain)"

By the way, If they send you a form then you can print/sign it and take a photo of it on your phone/ipad and easily email it back to them - I wouldn't have thought you need to post it back if that is your query.

Hope this helps.

in_vtiro

I have a different problem with Hermes - they won't speak to me at all! They say that all contact must go through the seller.

This is a problem as a) the seller is in California and b) has no idea that ebay have chosen Hermes as the final UK courier.

So far, Hermes have said that they delivered a parcel on 14 December and had a signature (not true), left it on 20 December in an outbuilding (I don't have one), on 29 December promised to 13-ten (who seem to have engaged Hermes) to look into it, and today Hermes said that, as it is more than 14 days after delivery, they cannot investigate.

The police won't treat it as theft and ebay will not refund because according to their records - as filled in by Hermes, presumably - the parcel was signed for.

I'm escalating it with ebay because this is a breach of their guarantee. If they do not refund me I think I have to go to small claims. First I'll try Trading Standards and maybe the Sunday Times on the basis that Hermes have made a pig's breakfast of it and ebay believes Hermes rather than me.

LilElvis

in_vtiro wrote: »

I have a different problem with Hermes - they won't speak to me at all! They say that all contact must go through the seller.

This is a problem as a) the seller is in California and b) has no idea that ebay have chosen Hermes as the final UK courier.

So far, Hermes have said that they delivered a parcel on 14 December and had a signature (not true), left it on 20 December in an outbuilding (I don't have one), on 29 December promised to 13-ten (who seem to have engaged Hermes) to look into it, and today Hermes said that, as it is more than 14 days after delivery, they cannot investigate.

The police won't treat it as theft and ebay will not refund because according to their records - as filled in by Hermes, presumably - the parcel was signed for.

I'm escalating it with ebay because this is a breach of their guarantee. If they do not refund me I think I have to go to small claims. First I'll try Trading Standards and maybe the Sunday Times on the basis that Hermes have made a pig's breakfast of it and ebay believes Hermes rather than me.

Do they have small claims court in California?

[Deleted User]

in_vtiro wrote: »

If they do not refund me I think I have to go to small claims.

You have no contract with Hermes. The seller has. You cannot take Hermes to court since you are not their customer.
Therefore forget about Trading Standards (and the Sunday Times:eek:) and concentrate on E-Bay and the seller.

in_vtiro

Yes, it would be ebay I'm going after. After all, their guarantee is you get your item or your money back,,,