myHermes has lost my delivery and won't compensate me!

in Consumer rights
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Nightowl4933Nightowl4933 Forumite
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Hello one and all,
I opened a myHermes account recently to return a defective item (a plastic LED bulkhead light) to the manufacturer.
I've received notification from Hermes the parcel is lost and received an email telling me "We have now assessed your claim and we are unable to offer you a settlement as the contents of the parcel are excluded from compensation for loss or damage".
They provided a link to the "Excluded Items" list, and the light doesn't fit into any category, so I asked why - and received exactly the same response (word for word) with no explanation of why this item has been excluded.
As myHermes accepted the parcel (I was clear about the item I was sending) and admit they've lost it (despite having "...daily and weekly audits to reduce this risk of parcels being lost in transit...), they must be responsible for it's safekeeping and, ultimately, compensate me accordingly?
Thank you
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Replies

  • George_MichaelGeorge_Michael Forumite
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    They provided a link to the "Excluded Items" list, and the light doesn't fit into any category, 
    This is the full list of items excluded from compo:
    https://www.myhermes.co.uk/help/carry-guide/
    Lamps and lighting equipment (such as light bulbs, lamp shades and chandeliers)
    It would be easier to ask what is actually covered.
  • edited 10 May 2020 at 12:00PM
    SupersonosSupersonos Forumite
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    edited 10 May 2020 at 12:00PM
    they must be responsible for it's safekeeping and, ultimately, compensate me accordingly?
    Thank you
    What level of insurance did you take out and to what value?
  • the_lunatic_is_in_my_headthe_lunatic_is_in_my_head Forumite
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    Letter before action and small claims really. 

    I can sort of understand refusing claims for damage but what is in the parcel shouldn't affect them losing it.  
  • mikbmikb Forumite
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    ... especially when losing stuff is a standard part of the service.
  • StuieUK34StuieUK34 Forumite
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    Gotta love the rules (sorry, thread hi-jack which doesnt help you)....
    Parcel gets delivered to you by mistake, it then becomes your responsibility, so if you lost it, your liable, despite not being the intended recipient.....
    But if a courier loses an item, if they got a BS clause that state somethings arnt covered, then losing items become ok ?!  !!!!!! !!!!
  • Nightowl4933Nightowl4933 Forumite
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    Ooh, I didn't realise I'd had replies, sorry!
    George_Michael:  Yes, I saw that and agree this is where it fits, but you're absolutely right - what is covered?
    Supersonos:  Just the standard delivery, which covers up to £20 compensation for free.  Ironically, I haven't asked for compensation, they've just told me I'm not getting any.  I've asked for a refund, though.
    the_lunatic_in_my_head and StuieUK34:  I agree!
    I've had a further response essentially saying the same as George_Michael, but I've replied asking for a refund of the delivery cost, but I won't hold my breath.
    Thanks, everyone :-)
  • JumblebumbleJumblebumble Forumite
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    I  too would be  minded to take them to the small claims court so a Judge can rule if they are guilty of using unfair contract terms
  • hollydayshollydays Forumite
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    I've been chasing them for a few weeks when a website glitch overcharged me. The communication has been slow to say the least .
  • Nightowl4933Nightowl4933 Forumite
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    Hermes say no to a refund of cost or compensation for the loss, but the small claims court may not be a good idea for such a small amount, because if Hermes decide to challenge it, things could get expensive and I don't have the insurance to cover it.
    Ho hum.
  • MarconMarcon Forumite
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    I  too would be  minded to take them to the small claims court so a Judge can rule if they are guilty of using unfair contract terms
    Completely OTT if compensation is a maximum of £20 - and there are already plenty of 'rulings' on such cases. 
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
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