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Taking Hermes To Small Claims Court- Please Help!

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Comments

  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    MalMonroe said:
    I realise I didn't correctly name them when submitting the case, my mistake, I thought they were simply called "Hermes" .
    But I didn't send a prohibited item. Glass items are allowed to be sent, and they offer extra cover also, which I took out.
    I think that they are just being pedantic about the name because they can be.

    That doesn't matter half as much as the fact that, if you sent a snow globe which contained liquid, they will not compensate you because all liquid is prohibited.

    You're right, glass can be sent but, as I said above, Hermes specify that it's at your own risk and you cannot be compensated if anything goes wrong.

    Any extra cover you took out will probably be void because your parcel contained glass - which they say they won't compensate, as well as prohibited liquid (assuming that the snow globe did contain liquid, as fully assembled snow globes usually do).

    Sorry.
    Unfortunately the law is very clear in the fact you must correctly identify the defendant... there are 667 companies in the UK with the name "Hermes" in their title and about 27,000 people with Hermes as a surname. Plus there are 12 people on LinkedIn who's surname is Hermes and they work for Hermes.

    If a court form turns up at the Hermes office addressed to Hermes how are they supposed to know if its Hermes the company or Sue Hermes the regional manager that its for?

    You can say its being pedantic but there cannot be doubt

    Irrespective of anything else... the losses were £40 (the declared value) and whilst you say you "must get it back", you've spend £35 on court fees to attempt to get it back and its always a gamble and having issued against the wrong defendant you will now need to pay again and the additional cost is irrecoverable as its your mistake... time to stop spending.
  • sheramber
    sheramber Posts: 23,601 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    You didn't declare it as a snow globe when you took out the extra compensation, so how would they know it was an item made of glass that contained a liquid.
  • Hermes have now agreed to settle for the full amount owed.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good result .
    Sometimes they do sometimes they dont .
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