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    • Emily Joy
    • By Emily Joy 15th May 18, 4:47 PM
    • 187Posts
    • 76Thanks
    Emily Joy
    Hermes Lost Parcel Claim Denied
    • #1
    • 15th May 18, 4:47 PM
    Hermes Lost Parcel Claim Denied 15th May 18 at 4:47 PM
    I am wondering if by any chance I have any rights to compensation in the following situation.

    I've sent a parcel via MyHermes with a full cover (50) via a parcelshop. (Johnson cleaners, if it matters). About a month and a week later the recipient got in touch saying he hasn't received it. Surprised, I checked the tracking number to figure out that it appears the parcel has never left the parcel shop.

    I got in touch with Hermes via webchat. They agent logged a case and in several days I received email stating the parcel has been lost and asking me to submit a claim. I dutifully filled the claim form - only to be told two weeks later that since I've first contacted them a month after the parcel was dropped off, they are not going to investigate.

    Is there anything I can do to get compensation?
Page 1
    • sheramber
    • By sheramber 15th May 18, 7:41 PM
    • 5,259 Posts
    • 3,919 Thanks
    sheramber
    • #2
    • 15th May 18, 7:41 PM
    • #2
    • 15th May 18, 7:41 PM
    https://www.myhermes.co.uk/terms-and-conditions.html

    9. How to make claims for compensation
    9.1 You must notify us in writing of any claim for Loss or Damage or Late Delivery within 28 days of the date of the relevant Order. If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.
    • shaun from Africa
    • By shaun from Africa 15th May 18, 9:30 PM
    • 10,292 Posts
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    shaun from Africa
    • #3
    • 15th May 18, 9:30 PM
    • #3
    • 15th May 18, 9:30 PM
    The OP may well be able to use this clause to get Hermes to change their mind:

    If you fail to do so, we will not be liable to you for it, except where you are able to prove that it was not possible for you to notify us of your claim in writing within this time limit.
    Originally posted by sheramber
    If they can prove that the intended recipient didn't tell them of the lack of delivery until a month after the date the package was dropped off then as they didn't know about the non delivery within the 28 day limit, they couldn't advise Hermes of this fact.
    • twhitehousescat
    • By twhitehousescat 15th May 18, 9:41 PM
    • 1,792 Posts
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    twhitehousescat
    • #4
    • 15th May 18, 9:41 PM
    • #4
    • 15th May 18, 9:41 PM
    however the OP seems to have internet access and would have been able to check using the parcel number given when sending
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Emily Joy
    • By Emily Joy 16th May 18, 12:49 AM
    • 187 Posts
    • 76 Thanks
    Emily Joy
    • #5
    • 16th May 18, 12:49 AM
    • #5
    • 16th May 18, 12:49 AM
    The OP does have Internet access, but was relying on Hermes/recipient as it is the recipient who wants the item and the Hermes who took a responsibility to deliver, and charged for the service which hasn't been provided.
    • agrinnall
    • By agrinnall 16th May 18, 9:39 AM
    • 21,020 Posts
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    agrinnall
    • #6
    • 16th May 18, 9:39 AM
    • #6
    • 16th May 18, 9:39 AM
    The OP does have Internet access, but was relying on Hermes/recipient as it is the recipient who wants the item and the Hermes who took a responsibility to deliver, and charged for the service which hasn't been provided.
    Originally posted by Emily Joy
    You can try that argument with them but I would expect them to simply (and correctly) reply that you had all the information available to you to check during the 28 day period, and that having failed to do so that's the end of their responsibility.
    • Browntoa
    • By Browntoa 16th May 18, 9:41 AM
    • 33,563 Posts
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    Browntoa
    • #7
    • 16th May 18, 9:41 AM
    • #7
    • 16th May 18, 9:41 AM
    My Hermes sends notification of delivery if you set it up
    I'm the Board Guide of the Referrers ,Telephones, Pensions , Shop Don't drop ,over 50's and Discount Code boards which means I volunteer to help get your forum questions answered and keep the forum runnning smoothly .However, please remember, board guides don't read every post. If you spot an inappropriate or illegal post please report it to forumteam@moneysavingexpert.com Any views are mine and not the official line of MoneySavingExpert.
    • Castle
    • By Castle 16th May 18, 10:26 AM
    • 1,904 Posts
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    Castle
    • #8
    • 16th May 18, 10:26 AM
    • #8
    • 16th May 18, 10:26 AM
    You can try that argument with them but I would expect them to simply (and correctly) reply that you had all the information available to you to check during the 28 day period, and that having failed to do so that's the end of their responsibility.
    Originally posted by agrinnall
    Hermes are required to perform the service with reasonable care and skill, (section 49 of the CRA2015). Based on the OP's first post no service was performed.
    • George Michael
    • By George Michael 16th May 18, 10:39 AM
    • 3,163 Posts
    • 4,250 Thanks
    George Michael
    • #9
    • 16th May 18, 10:39 AM
    • #9
    • 16th May 18, 10:39 AM
    Hermes are required to perform the service with reasonable care and skill, (section 49 of the CRA2015). Based on the OP's first post no service was performed.
    Originally posted by Castle
    But who decides what is reasonable?
    If they accept thousands of parcels per day and lose 10% of them then it could probably be said that they can't be exercising reasonable care over those goods.
    If however, they lose a couple of items out of those thousands then this could easily be explained by human error or computer/software issues or due to circumstances outside of their control.
    • Fosterdog
    • By Fosterdog 16th May 18, 10:44 AM
    • 3,996 Posts
    • 6,878 Thanks
    Fosterdog
    The OP does have Internet access, but was relying on Hermes/recipient as it is the recipient who wants the item and the Hermes who took a responsibility to deliver, and charged for the service which hasn't been provided.
    Originally posted by Emily Joy

    It may be the recipient who wants the item but the delivery proof/ signature is specifically for the sender as proof that it has arrived with the recipient. If I buy an item and it arrives I have no need to check proof of delivery, the sender would so that they can verify that it arrived.
    • agrinnall
    • By agrinnall 16th May 18, 1:43 PM
    • 21,020 Posts
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    agrinnall
    Hermes are required to perform the service with reasonable care and skill, (section 49 of the CRA2015). Based on the OP's first post no service was performed.
    Originally posted by Castle
    And Hermes have accepted that the parcel was lost, but that doesn't mean any compensation is due if the claim isn't made within the specified time.
    • Castle
    • By Castle 16th May 18, 1:52 PM
    • 1,904 Posts
    • 2,581 Thanks
    Castle
    And Hermes have accepted that the parcel was lost, but that doesn't mean any compensation is due if the claim isn't made within the specified time.
    Originally posted by agrinnall
    It's 6 years for breach of contract claims for damages.
    • agrinnall
    • By agrinnall 16th May 18, 2:13 PM
    • 21,020 Posts
    • 16,806 Thanks
    agrinnall
    It's 6 years for breach of contract claims for damages.
    Originally posted by Castle
    Well feel free to fund the OP's costs for making a small claim.
    • Emily Joy
    • By Emily Joy 16th May 18, 6:09 PM
    • 187 Posts
    • 76 Thanks
    Emily Joy
    But who decides what is reasonable?
    If they accept thousands of parcels per day and lose 10% of them then it could probably be said that they can't be exercising reasonable care over those goods.
    If however, they lose a couple of items out of those thousands then this could easily be explained by human error or computer/software issues or due to circumstances outside of their control.
    Originally posted by George Michael
    I understand Hermes is well known for the quality of service they provide. One day their courier thrown a parcel over 2m gates without hesitation. The only reason I've chosen them is that their parcel shop was on a way to the airport and I was in a hurry.

    Anyway, the one who hasn't got time to do things properly the first time will need to find time to put everything right...

    I will wait for a final response first.
    • Emily Joy
    • By Emily Joy 4th Jul 18, 9:15 PM
    • 187 Posts
    • 76 Thanks
    Emily Joy
    just a quick update: complained via Resolver, after escalating a couple of times got full refund as expected. Didn't take neither too much time nor effort.
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