Hi.
I wonder if anyone can help me with my problem.
I sent a parcel to an ebay buyer via My-Hermes. The parcel was valued at £270.00 and I took out the maximum insurance of £250 with My-Hermes.
The parcel was duly collected and I was given a tracking number, which I passed on to my buyer.
A few days later I was contacted by my buyer to say that the My-Hermes website showed the parcel as delivered, but he had not received it. I contacted My-Hermes, who confirmed that it had been delivered and signed for. My buyer was adamant that it had not been received and that he had sighed for nothing.
Back to My-Hermes, who investigated the matter and again confirmed safe delivery, providing a copy of the signed delivery note. My buyer denied that this was his signature.
After several pointless emails to My-Hermes, I wrote to Carole Woodhead, the CEO of the company. This saw some action and I duly received an email stating that the driver thought he had delivered it to the wrong address and would retrieve the parcel. This was now over a week since the mistaken delivery.
My-Hermes were unable to retrieve the parcel and the address which they say it was delivered to does not exist.
They now tell me that I can only claim £250 for the lost parcel as that is the level of their liability as per the T&C's. They say I should not have used them for goods worth more than £250. However, it does not say this anywhere on the webite.
I believe they have been negligent in not properly investigating the matter when it was raised (within hours of the mistake), and therefore liable for the full amount.
Are they liable for the full £270 (plus potage), or are they right to limit their liability.
I wonder if anyone can help me with my problem.
I sent a parcel to an ebay buyer via My-Hermes. The parcel was valued at £270.00 and I took out the maximum insurance of £250 with My-Hermes.
The parcel was duly collected and I was given a tracking number, which I passed on to my buyer.
A few days later I was contacted by my buyer to say that the My-Hermes website showed the parcel as delivered, but he had not received it. I contacted My-Hermes, who confirmed that it had been delivered and signed for. My buyer was adamant that it had not been received and that he had sighed for nothing.
Back to My-Hermes, who investigated the matter and again confirmed safe delivery, providing a copy of the signed delivery note. My buyer denied that this was his signature.
After several pointless emails to My-Hermes, I wrote to Carole Woodhead, the CEO of the company. This saw some action and I duly received an email stating that the driver thought he had delivered it to the wrong address and would retrieve the parcel. This was now over a week since the mistaken delivery.
My-Hermes were unable to retrieve the parcel and the address which they say it was delivered to does not exist.
They now tell me that I can only claim £250 for the lost parcel as that is the level of their liability as per the T&C's. They say I should not have used them for goods worth more than £250. However, it does not say this anywhere on the webite.
I believe they have been negligent in not properly investigating the matter when it was raised (within hours of the mistake), and therefore liable for the full amount.
Are they liable for the full £270 (plus potage), or are they right to limit their liability.