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  • FIRST POST
    • Jonnyg1990
    • By Jonnyg1990 12th Oct 19, 9:31 AM
    • 9Posts
    • 0Thanks
    Jonnyg1990
    MyHermes
    • #1
    • 12th Oct 19, 9:31 AM
    MyHermes 12th Oct 19 at 9:31 AM
    Hi All,

    Really need some help, and saw a story on Hermes before on this website.

    A few weeks ago I sold a toaster on eBay (£26 + £6.67ish delivery including insurance up to £26) i got a message from the buyer stating it had not arrived with them, but the tracking shows it had been left in a porch (on the 23/09/19), which she told me she doesn't have. I went onto the Hermes website (same day), went through the assistant and got an image of a bush as the POD.

    Eventually got through to a person, I think who told me they would contact the courier, i waited a few days and no response, went through the process of going through the chat again to be told they have escalated it and would send a manager or someone to talk to the driver, gave it a few days again to have to contact them again and get told that they could not contact the driver. Yet again I was asked to wait 72hrs for it to be investigated, i waited until Thursday and sat in a queue for 2 hours to finally get through to someone, my door bell went and I asked them if they could wait for 2 mins and I'd be back, came back to find a "hello, are you still there?" and a chat disconnected message, I did not have time to go through the process again that day.

    Yesterday I tried again, finally got through after another 2hrs of waiting, got disconnected from the chat but received an email saying I needed to get the buyer to fill out and sign a form to submit, since a delivery scan had been performed (to the bush....). I have messaged the buyer but so far no response.

    I went on the live chat again this morning just to ask the question of what if the buyer does not respond to my request. I was told that without the form they will not refund me, even when I mentioned that there is an image on their system of a bush (can't see the parcel) and how that is classed as a porch they are still singing the same song.

    Where do I stand on this? I have already had to process the refund to the buyer due to the time that has passed, eBay would have stepped in by now anyway and refunded if I hadn't.

    Any help would be appreciated on this, it has been causing me a great deal of stress, as due to refunding the item I am now in my overdraft, I have been selling to try and raise funds to pay of debt. I have never had such an issue with a courier before when something goes missing, especially when there is an image showing how badly the driver has messed up.

    Thanks,
    Last edited by Jonnyg1990; 13-10-2019 at 11:47 PM.
Page 1
    • olgadapolga
    • By olgadapolga 12th Oct 19, 11:38 AM
    • 999 Posts
    • 1,186 Thanks
    olgadapolga
    • #2
    • 12th Oct 19, 11:38 AM
    • #2
    • 12th Oct 19, 11:38 AM
    Have you asked the buyer if they will complete the form?

    The only time I've had to do this, the buyer was more than happy to help, the form was uploaded to the case and I received the payment fairly rapidly.
    • Jonnyg1990
    • By Jonnyg1990 13th Oct 19, 11:45 PM
    • 9 Posts
    • 0 Thanks
    Jonnyg1990
    • #3
    • 13th Oct 19, 11:45 PM
    • #3
    • 13th Oct 19, 11:45 PM
    Hi,

    I asked the buyer on Friday but to date no response, Hermes has told me I have 14 days to submit the form from the buyer.

    What should I do if the buyer does not get back to me?
    • the_lunatic_is_in_my_head
    • By the_lunatic_is_in_my_head 14th Oct 19, 9:32 AM
    • 2,667 Posts
    • 1,584 Thanks
    the_lunatic_is_in_my_head
    • #4
    • 14th Oct 19, 9:32 AM
    • #4
    • 14th Oct 19, 9:32 AM
    Tell Hermes that you didn't contract them to leave the parcel in a bush, send them a copy of the buyers messages stating they didn't have the item but note this was an eBay sale and getting a form to the buyer is not practical.

    Ask what is the address to serve small claims papers if they aren't willing to entertain your claim further without the form

    The form is designed to get you to give up on the claim and go away. Politely show them you won't be doing that.
    • Jonnyg1990
    • By Jonnyg1990 15th Oct 19, 9:21 AM
    • 9 Posts
    • 0 Thanks
    Jonnyg1990
    • #5
    • 15th Oct 19, 9:21 AM
    • #5
    • 15th Oct 19, 9:21 AM
    I have managed to get a reply from the buyer who has sent the form back to me,

    However Hermes has replied to one of my live chat support incidents by email, they are now stating that the item is in their excluded from compensation list (toaster) and that it will not get compensated (now this isn't a reply from my lost item form submission, however i am now guessing it'll go this way).

    I checked on their website before posting and could only see this;

    *(Kitchen appliances (e.g. white goods or electronic equipment with fragile/glass parts)

    I may be wrong, but a toaster isnt a white good, and i don't believe it fits under fragile.. at the end of the day everything is fragile..

    Am I going to be at a loss on this one? Even though the item was lost and not damaged
    • boo_star
    • By boo_star 15th Oct 19, 9:50 AM
    • 2,904 Posts
    • 2,230 Thanks
    boo_star
    • #6
    • 15th Oct 19, 9:50 AM
    • #6
    • 15th Oct 19, 9:50 AM
    I have managed to get a reply from the buyer who has sent the form back to me,

    However Hermes has replied to one of my live chat support incidents by email, they are now stating that the item is in their excluded from compensation list (toaster) and that it will not get compensated (now this isn't a reply from my lost item form submission, however i am now guessing it'll go this way).

    I checked on their website before posting and could only see this;

    *(Kitchen appliances (e.g. white goods or electronic equipment with fragile/glass parts)

    I may be wrong, but a toaster isnt a white good, and i don't believe it fits under fragile.. at the end of the day everything is fragile..

    Am I going to be at a loss on this one? Even though the item was lost and not damaged
    Originally posted by Jonnyg1990
    It is a kitchen appliance though. "e.g." just means "for example", it's not an exhaustive list.
    • Jonnyg1990
    • By Jonnyg1990 15th Oct 19, 9:59 AM
    • 9 Posts
    • 0 Thanks
    Jonnyg1990
    • #7
    • 15th Oct 19, 9:59 AM
    • #7
    • 15th Oct 19, 9:59 AM
    I understand that, if you look through their list Iím beginning to wonder if they cover anything..

    Do you think I should just give up on this one? I have asked them to retrieve the item and send it back to me if they wonít compensate, doubt they will. However as the picture doesnít even show the item, who knows where it actually is, could be in the drivers kitchen for all I know,

    Thanks to everyone who has reponded,
    • DoaM
    • By DoaM 15th Oct 19, 11:09 AM
    • 8,328 Posts
    • 8,141 Thanks
    DoaM
    • #8
    • 15th Oct 19, 11:09 AM
    • #8
    • 15th Oct 19, 11:09 AM
    The exclusion only applies for goods damaged during transit. It does not discharge any liability they have for lost goods. You may need to raise a court claim via MCOL though for them to change their position.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • phoenix1837
    • By phoenix1837 15th Oct 19, 11:37 AM
    • 56 Posts
    • 40 Thanks
    phoenix1837
    • #9
    • 15th Oct 19, 11:37 AM
    • #9
    • 15th Oct 19, 11:37 AM
    Having been on the other end, Hermes send a tracking link or text to the recipient which shows the place it was left, it also gives them the option to let Hermes know a safe place or neighbour to leave a parcel with. If they haven't used this option I would say that you are not responsible and they need to chase Hermes.
    • DoaM
    • By DoaM 15th Oct 19, 12:17 PM
    • 8,328 Posts
    • 8,141 Thanks
    DoaM
    The recipient has no contract with Hermes .. at all .. therefore Hermes have no liability to the recipient. The only liability lies with the entity that contracted Hermes' services.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Jonnyg1990
    • By Jonnyg1990 15th Oct 19, 12:30 PM
    • 9 Posts
    • 0 Thanks
    Jonnyg1990
    Hi Doam,

    Thanks for the advice, should I wait to see the outcome or just submit that claim online now to start the process?

    So even though it states on their website that if they lose it itís not covered that is not correct?

    Never had any issues with RM or PF who I use quite often, they just ask for the forms and sort it out, or actually do a bit of work to locate and investigate.
    • DoaM
    • By DoaM 15th Oct 19, 5:06 PM
    • 8,328 Posts
    • 8,141 Thanks
    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.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • m0bov
    • By m0bov 15th Oct 19, 6:08 PM
    • 1,687 Posts
    • 1,080 Thanks
    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
    • By Jonnyg1990 17th Oct 19, 11:45 AM
    • 9 Posts
    • 0 Thanks
    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
    • By olgadapolga 17th Oct 19, 11:57 AM
    • 999 Posts
    • 1,186 Thanks
    olgadapolga
    can I ask what LBA is?

    Thanks
    Originally posted by Jonnyg1990
    Letter before action - see:

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/making-a-small-claim/
    • Jonnyg1990
    • By Jonnyg1990 17th Oct 19, 2:24 PM
    • 9 Posts
    • 0 Thanks
    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
    • By AnnoyedNetflixUser 17th Oct 19, 3:41 PM
    • 30 Posts
    • 9 Thanks
    AnnoyedNetflixUser
    I don't suppose anyone would know where I should send the letter to?
    Originally posted by Jonnyg1990
    From resolver.co.uk :
    Capitol House
    1 Capitol Close
    Morley, Leeds, West Yorkshire
    LS27 0WH
    • johnson293
    • By johnson293 25th Oct 19, 8:17 AM
    • 484 Posts
    • 225 Thanks
    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
    • By Jonnyg1990 1st Nov 19, 3:34 PM
    • 9 Posts
    • 0 Thanks
    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
    • By Jonnyg1990 6th Nov 19, 2:00 PM
    • 9 Posts
    • 0 Thanks
    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,
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