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Hermes getting away with theft
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Regardless of insurance, this would count as negligence which is totally separate.
I would write to them asking them to locate the parcel or pay you for its sold value given they have been negligent with it.
I think they would say they handle millions of parcels and the odd one going astray is par for the course.
However I don't see why they shouldn't refund OP up to the level of cover taken for the missing item.
Fair enough not to cover for damage but I can't see how a 27 inch monitor is more likely to go missing than a 21 inch.
OP you need to put the frustration aside and look as this as basic facts, send a letter before action with the basic details requesting a refund of the level of cover you had on the parcel.In the game of chess you can never let your adversary see your pieces1 -
the_lunatic_is_in_my_head wrote: »I think they would say they handle millions of parcels and the odd one going astray is par for the course.
However I don't see why they shouldn't refund OP up to the level of cover taken for the missing item.
Fair enough not to cover for damage but I can't see how a 27 inch monitor is more likely to go missing than a 21 inch.
OP you need to put the frustration aside and look as this as basic facts, send a letter before action with the basic details requesting a refund of the level of cover you had on the parcel.
Because they don't cover the item?2 -
the_lunatic_is_in_my_head wrote: »I think they would say they handle millions of parcels and the odd one going astray is par for the course.
However I don't see why they shouldn't refund OP up to the level of cover taken for the missing item.
Fair enough not to cover for damage but I can't see how a 27 inch monitor is more likely to go missing than a 21 inch.
OP you need to put the frustration aside and look as this as basic facts, send a letter before action with the basic details requesting a refund of the level of cover you had on the parcel.
This makes sense and it's exactly what I did. This has been ongoing since December 10th and was a big part of my Christmas holiday. up until that point have laid out all the facts - many times - and ignored their arrogance. This is what I am continuing doing, but I no longer buy the idea that it has mysteriously vanished and that they are completely powerless to do the right thing.
And you are exactly right - there is absolutely no logical explanation why a 21" inch monitor is more likely to get lost than a 27". But with their non-compensation list, the 27" is certainly a more attractive option for thieving staff.0 -
You are at fault, you should've read the T&Cs[/QUOTE
Personally I would ignore people blaming me and take the view that hermes owe you a duty of care under common law and that their T and C s cannot overide this duty to perform the task with skill according to the The Consumer Rights Act 2015 which i think would say it was an unfair contract term
The world is full of companies who put unenforcable T and Cs in their contracts to catch the unwary.
I would then send a letter before action provided you would be prepared to follow through with a small claims court case.
This will concentrate their minds to look for it properly
( I would as I disagree that companies should get away with taking my money and then fail to deliver what i paid for.)
IANAL so you must choose if you have the stomach for this
JumbleBumble1 -
Jumblebumble wrote: »You are at fault, you should've read the T&Cs
Personally I would ignore people blaming me - yes burying your head in the sand is definitely the way to resolve this and take the view that hermes owe you a duty of care under common law and that their T and C s cannot overide this duty to perform the task with skill according to the The Consumer Rights Act 2015 which i think would say it was an unfair contract term
The world is full of companies who put unenforcable T and Cs in their contracts to catch the unwary.
- except that the contract is frustrated because the OP sent an item they would not have accepted... Pretend it's ammunition or a gun.
I would then send a letter before action provided you would be prepared to follow through with a small claims court case.
This will concentrate their minds to look for it properly - no it wont. Any legal department will quickly realise that paying 10 members of staff £8 an hour for 2 hours work is more than any claim is worth...
( I would as I disagree that companies should get away with taking my money and then fail to deliver what i paid for.)
IANAL so you must choose if you have the stomach for this
JumbleBumble
Stomach for small claims....1 -
You don't just lose a substantial box housing a 27" monitor, so let's call it what it is.
Yep, nothing is "un-loseable". I remember many years ago our contracted haulage company losing an aircraft engine in its box complete with the lorry trailer it was on !shaun_from_Africa wrote: »A few years ago, I was dealing with the shipping of 2 large items (being shipped with Air France) and both of these items were classed as dangerous goods so had reams of paperwork that should have traced their every movement.
There was one shipping notice showing them going from London to Paris airport where they should have been put on another flight yet both items were never seen again.
What were these items:
1000 litres of aircraft detergent which was in a very large container and a 12 man liferaft packed in a wooden box.
In all likelihood they got separated from the paperwork and may well still be in the back of a customs storage facility awaiting collection.1 -
But with their non-compensation list, the 27" is certainly a more attractive option for thieving staff.
Would any of the depot staff know that a package contained a 27" monitor and not a 21" one?
A 27" monitor is hardly the sort of thing that someone would easily be able to sneak out of a depot without being noticed especially as there's a good chance that there is cctv installed and in reality, how much is a second hand monitor of this size worth and would someone risk their job and a criminal record over it when there are probably far more expensive and easier to conceal items to hand.
It might be something as simple as the shipping or tracking label has come off and the package has been put someone "safe" by someone who is now on holiday.
If it was a hugely expensive item then they might spend a little more time looking for it but I can't imagine they would spend too long on a missing monitor.1 -
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- except that the contract is frustrated because the OP sent an item they would not have accepted... Pretend it's ammunition or a gun.
Your analogy doesn't work.
Ammunition for a gun is a prohibited item which Hermes would rightfully refuse to accept for shipment but a monitor will be accepted by them for shipment on the proviso that it is excluded from compensation for loss, damage & late delivery.2
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