QVC refusing refund of £399.00

teresa7272

I returned a Dyson hair straightener using Hermes / Evri as it was under the max weight to use this service - which is heavily promoted as a helpful QVC partner. I didn’t notice that I shouldn’t have used this service for any items which cost over £200. I got the tracking info from Hermes but it seems to be lost somewhere. Hermes say to contact QVC as it’s their problem and QVC say to contact Hermes & they are refusing a refund as they say I shouldn’t have used Hermes. I’ve contacted both Hermes/Evri & QVC CEOs by email but both keep saying to contact the other -   So I’ve lost £399 and I’m devastated. was my first ever purchase from QVC and will most definitely be my last. Any advice on how I might get my money back? 

Dazed_and_C0nfused

What does the Hermes/Evri tracking data show?

MattMattMattUK

teresa7272 said:

I returned a Dyson hair straightener using Hermes / Evri as it was under the max weight to use this service - which is heavily promoted as a helpful QVC partner. I didn’t notice that I shouldn’t have used this service for any items which cost over £200. I got the tracking info from Hermes but it seems to be lost somewhere. Hermes say to contact QVC as it’s their problem and QVC say to contact Hermes & they are refusing a refund as they say I shouldn’t have used Hermes. I’ve contacted both Hermes/Evri & QVC CEOs by email but both keep saying to contact the other -   So I’ve lost £399 and I’m devastated. was my first ever purchase from QVC and will most definitely be my last. Any advice on how I might get my money back? 

How was the return booked in, did QVC book the courier as part of the returns process, or did you pick the courier and pay them yourself?

visidigi

https://customerservice.qvcuk.com/questions/return-how-do-i-arrange-an-evri-courier-collection/

There is, in bold. 

Please do not use Evri to return products with a value of £200 or more. For those products, please return via the Post Office, requesting a ‘signed for’ service and ensure your item is covered by insurance.

I think you are going to struggle here.....

teresa7272

Dazed_and_C0nfused said:

What does the Hermes/Evri tracking data show?

This is what the tracking has been saying since February

We've got it

13:50 - Mon Feb 14

We've received your parcel at the ParcelShop and we'll be collecting it shortly

14:02 - Mon Feb 14

Your parcel has been collected from the ParcelShop to be returned to the retailer

It's on its way back

teresa7272

MattMattMattUK said:

teresa7272 said:

I returned a Dyson hair straightener using Hermes / Evri as it was under the max weight to use this service - which is heavily promoted as a helpful QVC partner. I didn’t notice that I shouldn’t have used this service for any items which cost over £200. I got the tracking info from Hermes but it seems to be lost somewhere. Hermes say to contact QVC as it’s their problem and QVC say to contact Hermes & they are refusing a refund as they say I shouldn’t have used Hermes. I’ve contacted both Hermes/Evri & QVC CEOs by email but both keep saying to contact the other -   So I’ve lost £399 and I’m devastated. was my first ever purchase from QVC and will most definitely be my last. Any advice on how I might get my money back? 

How was the return booked in, did QVC book the courier as part of the returns process, or did you pick the courier and pay them yourself?

I booked it in myself but I didn’t see the part about not sending things via Hermes over £200 
im sure I don’t have a leg to stand on though 

Olinda99

If you booked it yourself, you have the contract with Hermes and QVC won't refund you until they receive it.

You need to complain to Hermes and also claim on whatever insurance (if any) you have or they offer.

Going forward don't ever use Hermes for anything ever again.

TELLIT01

if you arranged Hermes as the carrier, your contract is with them and any compensation for loss will depend entirely on their T&C.

Manxman_in_exile

For £400 I'd be sending Hermes/Evri a Letter Before Claim - what has the OP got to lose?

I'd have two grounds for the claim: (1) by losing the item Hermes/Evri are demonstably in breach of the the contract in that they have failed to execute it with reasonable care and skill*; and (2) irrespective of any contract issues I can't believe Hermes/Evri are not under a duty to take reasonable care of the item - and by losing it they have demonstrably failed to take reasonable care of it.  Why wouldn't the OP have a claim based on tort/negligence?

As I say - what's the OP got to lose?  I'd send them a LBA and see where it goes.  And for £400 I would actually issue a claim.

* Consumer Rights Act 2015 (legislation.gov.uk)   s49

Manxman_in_exile

TELLIT01 said:

if you arranged Hermes as the carrier, your contract is with them and any compensation for loss will depend entirely on their T&C.

But doesn't s57(1) prevent a trader from attempting to exclude liability where they have not exercised reasonable care and skill?

Consumer Rights Act 2015 (legislation.gov.uk)

For £400 I would certainly argue that losing the item is palpably NOT exercising reasonable care and skill.  And I wouldn't care what their T&Cs purport to say.

(I'm quite happy to be shown to be wrong.  I'm just amazed that couriers like Hermes etc seem to evade so easily liability for lost items that appear clearly to be their responsibility... )

lisyloo

Manxman_in_exile said:

TELLIT01 said:

if you arranged Hermes as the carrier, your contract is with them and any compensation for loss will depend entirely on their T&C.

But doesn't s57(1) prevent a trader from attempting to exclude liability where they have not exercised reasonable care and skill?

Consumer Rights Act 2015 (legislation.gov.uk)

For £400 I would certainly argue that losing the item is palpably NOT exercising reasonable care and skill.  And I wouldn't care what their T&Cs purport to say.

(I'm quite happy to be shown to be wrong.  I'm just amazed that couriers like Hermes etc seem to evade so easily liability for lost items that appear clearly to be their responsibility... )

I’m interested in the law here.
when you send something 1st or 2nd class there is a small limit (around £20 that is covered).
if you want more cover you need to pay for additional cover.
presumably what the post office do is legal.

so do the post office have special statue?
or are Hermes (and others) entitled to do the same by explicitly limiting compensation?