How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50159
Experience:  Qualified Solicitor
Type Your Law Question Here...
Ben Jones is online now

I sent a parcel to London using a company called Hermes, it

This answer was rated:

I sent a parcel to London using a company called Hermes, it was in March and I was wondering why I hadnt received a refund from recipient. I went to Hermes tracking portal and it said "out with courier" I then contacted them by email and this was their initial reply...Thank you for contacting us at myHermes.
I am sorry to hear that the parcel was not delivered.
Unfortunately since it has been more than 28 days since the delivery, we are unable to investigate this matter as stipulated in our terms and conditions.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today.
When you agreed to use the services of the company you would have agreed to their terms and conditions. In relation to a loss of item in transit the following terms apply:
“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.”
If you have not adhered to the terms and conditions then the carrier can refuse to investigate your complaint even if they were at fault for losing or damaging the item. I know most of us do not read the terms and conditions in such circumstances but by agreeing to them when we take out the service we do become bound by them and this is the same in your case.
So unless you can show good reasons as to why you did not contact them within the specified time limit as in the terms, they can state they are no longer liable for the potential loss of the item.
So in this case you only have two options – continue pursuing the matter directly with them and exhausting their full complaints procedure until you get a final answer from them. If that has not resolved the issue then you can consider making a claim in the small claims court although the court would still look at the terms that applied to this agreement and with the specific wording above your position will be somewhat vulnerable. Nevertheless, threatening or even making a claim could be used as a tool to add more pressure on the company to try and resolve this amicably and avoid incurring extra costs and spending time dealing with the claim, which for them may be more commercially viable.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones and other Law Specialists are ready to help you