Hermes have lost my guitar- Need advice please. Any lawyers here?

Hullboy

So that lovely USA Custom Shop Schecter of mine has potentially gone missing thanks to Hermes. I'm aware now that they are probably one of worst courier companies ever, so I'm not looking for lots of 'you should have used someone else'. 

Basically what's transpired is that I sent the guitar off on Monday 15th June and it arrived at the national sorting hub on Tuesday 16th June. Since then there have been no tracking updates.

I sent a message last night via their website and heard back from a CSR this morning basically saying " I have checked the tracking and can see that the parcel was last scanned as on its way to the hub and as there is no tracking update since then we will consider that the hub was unable to locate this parcel." I flat out refuse to believe that a courier company can not locate something of this size, a letter or a small parcel perhaps yes, but an electric guitar in a hard case, really? 

I've since sent more emails to customer service strongly appealing this, as well as send an email to Packlink who were the company i used through eBay to book the courier, as well as open a case with resolver. 

I'm potentially going to have refund the buyer on eBay and be left 1100 out of pocket. 

So my question is- Surely there has to be some responsibility for Hermes to carry out their job to a satisfactory standard? This whole situation seems like utter imcompetence and I'm thinking of suing them for negligence if the guitar is not found, which I have threatened them with to do so. 

Are there any lawyers or people aware of one's rights in this situation who can let me know the best cause of action going forward? 

Thanks. 

guitargeek62

Sorry for your loss!

Please say you at least had cover on it and checked whether it excluded guitars/musical instruments....?

Adey

If Hermes have lost it, Hermes are responsible for the loss. If it doesn't turn up you will need to badger them for "proper" compensation.

If they fess up and agree they have lost it (difficult to deny if they were the ones looking after it), then they will try to fob you off with as little as possible. You wil need to just say no each time until you get what you are entitled to.

Don't expect it to take less than 3 months, unless you want to accept a low offer...

UnclePsychosis

Given how busy the mail is at present, I wouldn't give up hope on it turning up yet. A week isn't that long really. Fingers crossed. 

TTony

I’ve known Hermes to deliver well after the due date (as in a couple of weeks late) and even after they’ve said “that’s been lost mate”.

As well as being overloaded with business (as are all couriers atm), resulting in delays, they’ve also had some IT issues which has mis-directed parcels.  Our local (Norfolk) delivery person (who is excellent, btw) has had packages sent for delivery ... in Glasgow.



It may well still turn up. 

Whitecat

They send some parcels straight to auction. 

It sounds like a joke but it isn’t. You might wanna find out where the auction is. 

https://internewscast.com/hermes-couriers-caught-sending-packages-straight-to-auction-houses-three-to-four-times-a-week/

Hullboy

Musical instruments are on their excluded list, but so are lots of other things like TV's, Jewellery, Furniture, computers etc, the list goes on and on... 

Regardless, how can a courier company just choose what is and what is not included under compensation and then just get away it if lost, damaged etc? Do they really rate their own operations so low as to do this?

Aside from them saying what they will and wont compensate for, there still has to be some action to be taken for negligence. I refuse to believe that there isn't something in law that stops companies from being able to get away with this. It's utter carelessness. 

UnclePsychosis

Whilst its obviously too late for the OP, Hermes are the one courier company who I would absolutely never use. From years of experience I think the others are all much of a muchness and local-driver-dependent but Hermes are institutionally bad in my opinion. 

Absolutely keeping my fingers crossed though, all of the couriers are mad busy right now. 

Hullboy

UnclePsychosis said:

Given how busy the mail is at present, I wouldn't give up hope on it turning up yet. A week isn't that long really. Fingers crossed. 

TTony said:

I’ve known Hermes to deliver well after the due date (as in a couple of weeks late) and even after they’ve said “that’s been lost mate”.

As well as being overloaded with business (as are all couriers atm), resulting in delays, they’ve also had some IT issues which has mis-directed parcels.  Our local (Norfolk) delivery person (who is excellent, btw) has had packages sent for delivery ... in Glasgow.



It may well still turn up. 

Thanks, I haven't lost all hope yet. I know from experience that a tracking status can suddenly change from a few days on the quiet. I'm praying that it's just been misplaced somewhere and eventually makes it way to the receiver. He has given me until Friday before he files for an item not received. 

TTony

Hullboy said:

Regardless, how can a courier company just choose what is and what is not included under compensation and then just get away it if lost, damaged etc? 

They define, and state quite clearly, their terms and conditions. You’re the one that makes the choice about whether or not to accept those t&cs.

Hullboy said:

It's a total lack of carelessness.

I don’t think that’s quite what you meant to say ...

Hullboy

Hullboy said:

It's a total lack of carelessness.

I don’t think that’s quite what you meant to say ...

That's why I changed it haha

RandallFlagg

It may turn up yet. My wife sells a lot of bits and bobs on Ebay and uses Hermes all the time. She's had a few parcels go dark on the tracking recently but turn up delivered OK after a few extra days. A couple have had a tracking message saying “relabelled” was one was showing redirected to Scotland (postal destination was south of England) only for it to arrive as posted with the recipient, yet tracking still showed at Glasgow.

Calling them was a waste of time as they just read off the tracking as we could see for ourselves.

Chris_Bradley

Dont lose hope yet as things are slow at the minute. Hermes are not the quickest and the tracking is sketchy at best. I have sent about 4 or 5 packages this last few weeks with them and all got there but took a few days longer than expected. Fingers crossed

Adey

They can't say "we are allowed to lose your parcel without compensating you because it's a musical instrument".

If your parcel doesn't turn up (and it probably will) I dont think saying "we don't compensate people if we lose their guitar" holds any water...

Sassafras

One week isn't long for Hermes.
Even if he is the winged messenger.

Alegree

Adey said:

They can't say "we are allowed to lose your parcel without compensating you because it's a musical instrument".

If your parcel doesn't turn up (and it probably will) I dont think saying "we don't compensate people if we lose their guitar" holds any water...

Yes they can, it's an contractually binding exemption clause. All their liable for is their failure of service, not consequential losses. Unfair? Very. Legal? Sadly so. 

rlw

It’s a failure to perform a contract.
As has been said, they can damage it and tell you to fuck off but losing it is something else.

TTony

rlw said:

It’s a failure to perform a contract.
As has been said, they can damage it and tell you to fuck off but losing it is something else.

Surely the t&cs form part of the contract - if you've agreed to a contract that specifically excludes cover for something, and then decide to send that same something under that contract, then that's your choice and part of the contract that you've accepted.

However, loss is normally covered differently to damage.  I've not read the Hermes contract, but I'm assuming that the exclusion of musical instruments relates to damage caused thereto rather than loss thereof.

But, see my post above.  I'd suggest that it's still got plenty of opportunity to turn up.  

Arktik83

Regardless of what the T's&C's say don't take no for an answer, hopefully.  Open a claim with them, if they fob you off saying "we're allowed to lose things, it's in the contract" take it further.  Threaten legal action if they keep on knocking you back.

Even if it wasn't an item not on their excluded list and you had bought enhanced cover that was covered in a contract they would try and weasel their way out of it and say something ridiculous like an army of mice invaded the depot and stole your item so it would be considered an act of god and as say the protection didn't cover acts of god.  Push them every step of the way. 

Fingers crossed it turns up.  

rossi

I gather Hermes had a pooter meltdown and lost thousands of parcels .It will probably sort its self out .Parcel2go  stopped using Hermes for a few weeks but are now showing them and indeed a Hermes guy picked a parcel from me today  booked by P2G.I use P2G as they will sort out any issues .

hassleham

Hermes lost a piece of rack gear that I sent on 28th May. Tracking said it had been collected from the drop off point and then never updated any further. I tried to contact them but no response so ended up having to chase Interparcel several times who contacted Hermes and decided it was lost. I should be receiving compensation from Interparcel as I purchased increased cover, but will certainly not be using Hermes again!

Absolutely shocking reading about them sending lost items to auction within 4 weeks of postage!