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Missed delivery causing financial loss

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  • Missed delivery causing financial loss

    Hi
    I would be grateful* to get some help as I am a victim of a fraudalent company MYHermes who failed to deliver a parcel at my address. The chronology of events made me believe that I have enough for a legal case although is not straightforwd for me to know how to proceed.

    On 03/03 at 1.06pm The Courier , MyHermes claims they delivered the parcel as i was waiting for it at the advised delivery slot.
    I was quick to find that out and tryied to contact them, this is when I realised they making it next to impossible to do so
    their phone number is autometad and only gives confirmation of delivery, the online chat bot as also no way to send them an email
    with the help of the trading standard citizen bureaux office they provided me with the official address, howver they pointed out that deep in the legal part of their website
    the "terms and condions" page I could find an email.

    This ordeal I went through in contacting them cause me to Open a thread on Resolver.com a third party site that send the email according to the contact email they have. hovere after a few days they stopped answering.
    BUt later I also was able to email them directly and few days later as they made wait still I found Hermes CEO email.
    I ended up with 2 threads.

    1 of them acknolegded the parcel to be lost and to ask the seller to recover the cost
    The CEO one is still pending as they called over the phone saying the were sending the courier at my address for verification
    as he says he delivered, this was just 2 days gao, he never turned up.

    My understanding is that they play me up to see how I will proceed.
    the tracking information on my hermes site does not show a signature
    secondly at 13.09, 3 minutes after their alleged delivery, I received a parcel from a different courier for which I have evidence.

    The case get a bit more complicated as I originally purchased the item on ebay total expense 55.94 pounds
    So I also started a dispute with them to recover my cost, it was eventually rejected as 10 days have elapsed and I had not yet the official document from my hermes

    I then Obtained a police crime report while waiting myhermes but that was after ebay policy expired.

    So opened a paypal dispute which was also rejected
    Ebay also told me that I could not use their inernal appeal since I escalated to paypal.

    The meditaion of paypal and Ebay is another fail as I provided eventually the document stating the non delivery
    Paypal reopened the case twice in fact, but did not change their reply that instead from their side it shows parcel delivered and by doing so they rejected the validity of my document
    Equally Ebay that nows has the same document did not liase with paypal well
    I say EBAY has to be intended as i the seller as the ebay user seller from whom I purchased the parcel banned my account
    as soon I started the dispute and transfered his selling rights to EBAY.

    I believe that MyHermes crumblesome way of contacting them violates trading starding and would like to include that in my case

    I also believe that Ebay and Paypal did not fulfill their intermediary position and possiblty fraudaulent in avoiding to honour their policies

    I need heklp kindly for you for advice and legal terms to use and what kind of legal action I have to begin in the* small court

    To my understanding is 2
    one to recover my cost from the courier my hermes
    and one involving paypal and ebay not abing to their terms and policy and avoid to communicate effectibely between them
    causing unnecessary stress and clearly avoid to offer soluctoion and been covertly protecting the seller who is avoiding the normal recovery of postages
    charges from the company

    In a normal transaction is the seller that has to initiate to recover the cost not the buyer
    and EBay and to a lesser extend Paypal and trying to revert that and should be liable

    thanks in advance
    I hope I explained my self clearly
    below is the my hermes copy and paste statement
    * I apologize for the delay in response.
    After a thorough investigation we're so sorry to let you know that we've not been able to locate this parcel. The parcels go through several handling points and transportation processes so on rare occasions this may happen.
    [COLOR=rgb(5.882353%, 5.490196%, 5.490196%)]We would like to apologise for the inconvenience that this has caused. Please contact your your retailer and tell them to contact us so that we can provide the lost claim form for the item and they can help you further with the refund process. [/COLOR]


    Response By E-mail (Roland Kotian) (16/03/2020 04.58 AM)


    Please accept our sincere apologies for the inconvenience caused to you by us.






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