Hermes Lost Parcel Claim Denied

Emily_Joy

I am wondering if by any chance I have any rights to compensation in the following situation.

I've sent a parcel via MyHermes with a full cover (£50) via a parcelshop. (Johnson cleaners, if it matters). About a month and a week later the recipient got in touch saying he hasn't received it. Surprised, I checked the tracking number to figure out that it appears the parcel has never left the parcel shop.

I got in touch with Hermes via webchat. They agent logged a case and in several days I received email stating the parcel has been lost and asking me to submit a claim. I dutifully filled the claim form - only to be told two weeks later that since I've first contacted them a month after the parcel was dropped off, they are not going to investigate.

Is there anything I can do to get compensation?

sheramber

https://www.myhermes.co.uk/terms-and-conditions.html

9. How to make claims for compensation
9.1 You must notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.

shaun_from_Africa

The OP may well be able to use this clause to get Hermes to change their mind:

sheramber wrote: »

If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.

If they can prove that the intended recipient didn't tell them of the lack of delivery until a month after the date the package was dropped off then as they didn't know about the non delivery within the 28 day limit, they couldn't advise Hermes of this fact.

twhitehousescat

however the OP seems to have internet access and would have been able to check using the parcel number given when sending

Emily_Joy

The OP does have Internet access, but was relying on Hermes/recipient as it is the recipient who wants the item and the Hermes who took a responsibility to deliver, and charged for the service which hasn't been provided.

agrinnall

Emily_Joy wrote: »

The OP does have Internet access, but was relying on Hermes/recipient as it is the recipient who wants the item and the Hermes who took a responsibility to deliver, and charged for the service which hasn't been provided.

You can try that argument with them but I would expect them to simply (and correctly) reply that you had all the information available to you to check during the 28 day period, and that having failed to do so that's the end of their responsibility.

Browntoa

My Hermes sends notification of delivery if you set it up

Castle

agrinnall wrote: »

You can try that argument with them but I would expect them to simply (and correctly) reply that you had all the information available to you to check during the 28 day period, and that having failed to do so that's the end of their responsibility.

Hermes are required to perform the service with reasonable care and skill, (section 49 of the CRA2015). Based on the OP's first post no service was performed.

George_Michael

Castle wrote: »

Hermes are required to perform the service with reasonable care and skill, (section 49 of the CRA2015). Based on the OP's first post no service was performed.

But who decides what is reasonable?
If they accept thousands of parcels per day and lose 10% of them then it could probably be said that they can't be exercising reasonable care over those goods.
If however, they lose a couple of items out of those thousands then this could easily be explained by human error or computer/software issues or due to circumstances outside of their control.

Fosterdog

Emily_Joy wrote: »

The OP does have Internet access, but was relying on Hermes/recipient as it is the recipient who wants the item and the Hermes who took a responsibility to deliver, and charged for the service which hasn't been provided.

It may be the recipient who wants the item but the delivery proof/ signature is specifically for the sender as proof that it has arrived with the recipient. If I buy an item and it arrives I have no need to check proof of delivery, the sender would so that they can verify that it arrived.

agrinnall

Castle wrote: »

Hermes are required to perform the service with reasonable care and skill, (section 49 of the CRA2015). Based on the OP's first post no service was performed.

And Hermes have accepted that the parcel was lost, but that doesn't mean any compensation is due if the claim isn't made within the specified time.