MyHermes

DoaM

IMO they cannot disclaim liability for failing to provide the service purchased. Whether their liability is for the value of the item or just the cost of the service ... only a judge can rule - you would claim for both.

m0bov

Bit late now, but you should have left it, ebay will side with you if you have evidence of delivery. However, with no signature I suppose its a grey area. I bush cannot sign for a parcel so they should refund you. They have not performed to contract so its an LBA then MCOL them.

Jonnyg1990

In the past I have just refunded and sorted it out, perhaps I should have left it in this case..

Still getting the usual emails back from the live chats trying to brush it off, I have been busy but will do the MCOL this week, can I ask what LBA is?

Thanks

olgadapolga

Jonnyg1990 wrote: »

can I ask what LBA is?

Thanks

Letter before action - see:

https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/

Jonnyg1990

Thank you,

Went to go onto their live chat to get an address to send it to, but their chat is closed for the day, a quick check on Twitter shows a lot of issues with them recently.

I don't suppose anyone would know where I should send the letter to?

AnnoyedNetflixUser

Jonnyg1990 wrote: »

I don't suppose anyone would know where I should send the letter to?

From resolver.co.uk :
Capitol House
1 Capitol Close
Morley, Leeds, West Yorkshire
LS27 0WH

johnson293

Had a similar issue with MyHermes recently.

Sold a camcorder on Gumtree, and posted it via MyHermes, paying the extra cost to cover it up to its sale value (£50). At no point during the postage purchase did it flag up that the item I was posting was on their excluded list and/or that paying the extra cost to cover it to its value would be money wasted due to that list.

Anyway, buyer contacts me to say it hasn't arrived so I track it - it is tracked from the parcelshop to the local depot, then nothing more. Hermes look for it but cannot find it. I had to refund my buyer and then Hermes refused my claim for loss due to their extensive excluded items list.

Anyway, long story short, after reading on another forum, I sent them a LBA with the full intention of taking it to the small claims courts, and then miraculously, Hermes paid me back for the item and the postage cost as a 'goodwill gesture'.

Have a read on this forum for advice:

https://www.consumeractiongroup.co.uk/forum/183-postal-and-delivery-services/

The key to this is the excluded items list - its fair enough that they wont cover you for damage to an items, which could be arguable where it happened - but when they claim to deliver an item or lose it altogether, then the excluded items list should not be a factor.

Jonnyg1990

Thanks for the reply, i have been so busy that I have only got round to this again, I let the 14 days pass, and now on their chat requesting an address to keep everything on record with proof, i keep getting told there is no postal address and the agent kindly asked that I wait 14 days from submitting my claim which was the 14/10/19, so I had to remind them that 14 days had passed on Monday.

Anyway, I am now preparing the letter to send on Monday.

Jonnyg1990

Well i found a CEO email address online from one of the links provided and sent a scan of the letter on Friday AM to it with all the evidence attached, got a phone call at 0815 on Saturday morning from the most helpful person from Hermes I have dealt with to date, he said he could not believe the service provided by the driver and by all the online agents. He said that I should have immediately being provided the claim information form under the circumstances.

Apparently the refund of postage + value of item has been processed and should be in my account within 3-5 days.

Thank you to everyone for the help,