Packlink / Hermes Damaged Parcel Issue

red_boots2

Sold an item on E-bay and used their 'Packlink' delivery service. The item arrived damaged. Buyer has a video doorbell with time and date stamped footage of the driver throwing it over a 6ft Fence. (I've seen the footage so I know the buyer isn't trying it on) I have followed all of the procedures set out by Packlink and despite their rigorous T&C's I meet the compensation requirements from both Packlink and the carrier they used 'Hermes'. However Packlink refer me to Hermes and Hermes refer me to Packlink. Not sure on my next steps for complaining as I am getting nowhere. Any help on what to do next would be greatly appreciated.
(Thought about posting this in the E-bay section, but it seems more of a consumer rights issue so apologies if it needs to be moved) 

mikb

Who did you PAY for the delivery service, eBay, PackLink or Hermes?

That's the entity you need to persue. Also, their terms and conditions can't override the fact they need to do their job with appropriate care, skill and diligence. Throwing parcels over 6 foot fences would be outside of that, IMO Make it clear you have video evidence of them damaging the parcel.

the_lunatic_is_in_my_head

Your battle is with Packlink. They are a Spanish company but it says here:

https://support-ebay.packlink.com/hc/en-gb/articles/360004768420#h_08e83e7d-551a-4ba7-9d9a-6ca4504c51cf

1. Applicable Law and Jurisdiction

The Conditions, any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

The courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

How you go about raising a claim in the UK against a Spanish company I'm not sure?  

red_boots2

Thanks. I have pointed out to Packlink that my contract is with them and not Hermes as I paid them. They keep asking for additional photos (which I send) they don't look at them and I can't seem to get them to look at the video either!

They have a registered UK address (with a proposal to strike off)

red_boots2

Update: First Packlink rejected the claim.They put the wrong claim number in, despite confirming it with me first. So they told me to refile as it was their mistake. I refiled and then they found in my favour as they could see the parcel was 'lost'. I then told them it wasn't lost and was damaged. So refiled for the third time and they found in my favour, but are now waiting for Hermes to pay them so they can pay me... Which apparently can up to 28 working days.

I know my contract is with Packlink, but I am going to wait and see what Hermes come back with before I point this out to Packlink again.

Thanks for everyone's help so far. I shall keep you updated as threads that don't have an end annoy me