EBAY order, Myhermes & A Zero Feedback Buyer

pinkshoes

No?

Busy_Packaging wrote: »

Hi there,

This is a little complicated, I shall not go into too much detail but here is what has happened:-

A buyer on Ebay (ZERO Feedback) purchases £500.00 worth of item (glasses in this instance).

I use MYHERMES - -PAY for SIGNATURE and INSURANCE to the value of £500.00.

The list of excluded items is irrelevant and a red herring in this case.

You are NOT claiming for a broken item, you are claiming for NEGLIGENCE on MYHERMES behalf.

On their website, it clearly states:

If you've paid for a signature service, we'll always ensure that a member of the household or a neighbour signs for the parcel. However, we can't always guarantee that the named recipient signs.

http://support.myhermes.co.uk/app/answers/detail/a_id/461/~/guaranteed-recipient-signature

A porch is not a neighbour or a household member, so they have failed to deliver the service you have paid for, so need to refund you the £500.

This is going to be a battle however, so be prepared for court action, or the very least a "Letter Before Action".

theonlywayisup

Sometimes?

Busy_Packaging wrote: »

EBAY immediately removed the negative feedback (remember, zero f/b new buyer) AND refunded me the £500.00.

The SAME day the £500.00 had gone from my account and a note in Payal said that Ebay had refunded the buyer.


[/I]

Why haven't you gone back to Ebay and asked them why they refunded the buyer when they said they were refunding you? This is the most obvious thing to do and I cannot see you have done it. Ebay DO make mistakes, their biggest is usually mixing the buyer and seller up.

sheramber

We took delivery of an item from myhermes and signed for it. I immediately went onto the tracking site to find'left in porch'. We donl' have a porch and actually answered the door.

Ii seems 'left in porch' is standard tracking entry.

DoaM

It's probably the default setting and the drivers can't be arst to change it.

hollydays

Sometimes?

your poll is very confusing because it uses the word ' always'
The questions ' sometimes' and never are the same question

CardinalWolsey

pinkshoes wrote: »

A porch is not a neighbour or a household member, so they have failed to deliver the service you have paid for, so need to refund you the £500.

I would imagine that the extent of Hermes liability in failing to get a signature would be the charge they have made for their service, so in effect they would refund you your delivery costs. The insurance would have covered the loss of the parcel, but in this case you sent something which is an excluded item, so cannot recoup the cost of the goods themselves.

unholyangel

CardinalWolsey wrote: »

I would imagine that the extent of Hermes liability in failing to get a signature would be the charge they have made for their service, so in effect they would refund you your delivery costs. The insurance would have covered the loss of the parcel, but in this case you sent something which is an excluded item, so cannot recoup the cost of the goods themselves.

Why would you imagine that? Their liability is for the losses incurred due to their negligence.

Having a contract with a party who has been negligent does not weaken your position and mean damages are limited to a refund - it just increases the standard of care that would be expected.

timbstoke

I can see a few options against Hermes here:

* You're not claiming for loss, damage or late delivery, you're claiming for their negligence in failing to provide the service you paid for, and the consequential losses of that negligence.

* If the insurance can't possibly be claimed against for your item, then it shouldn't have been sold to you. If they can figure out that it's not valid now, they could have figured it out before it was sold. Since it was sold, you're entitled to rely on the protection it provides. Again, your claim here is for the missold policy and the consequential losses of that misselling.

Both approaches will involve a Letter Before Action to get anywhere, so I'd start with that.

custardy

Busy_Packaging wrote: »

The courier company is MyHermes - yes, I paid for a signature - yes I paid insurance against loss. No, a signature was not received. I have emails to say that they cannot locate the parcel, even though the tracking clearly terminated at 'left in porch' scenario.

My take is selecting 'delivered to porch' allows the courier to leave the item somewhere without signature.
Got to be honest,I know its more expensive but for a small high value item. Royal Mail SD every time.

unholyangel

timbstoke wrote: »

I can see a few options against Hermes here:

* You're not claiming for loss, damage or late delivery, you're claiming for their negligence in failing to provide the service you paid for, and the consequential losses of that negligence.

* If the insurance can't possibly be claimed against for your item, then it shouldn't have been sold to you. If they can figure out that it's not valid now, they could have figured it out before it was sold. Since it was sold, you're entitled to rely on the protection it provides. Again, your claim here is for the missold policy and the consequential losses of that misselling.

Both approaches will involve a Letter Before Action to get anywhere, so I'd start with that.

Sorry in advance but I'm a pedant and think it might not be a good idea to have the OP repeat the phrasing in bold as it could lead to some confusion.

Consequential loss has a different meaning legally. Instead of meaning losses that are a consequence of the breach, it means indirect losses - losses that don't stem naturally/you wouldn't normally expect from the breach. I would expect this to be classed as direct loss.