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 Post subject: Re: Re:
PostPosted: Fri Jul 03, 2020 11:09 am 
Retro Guru
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Joined: Sat Apr 02, 2011 11:16 am
Posts: 966
Location: Camden, London
d8mok wrote:
Did you accept the £20 compensation from Hermes?

That’s the key. If you accepted it , the item is no longer yours as you’ve been paid the level of insurance you choose.


I was assuming the compensation had been accepted but that the key thing is the date, given it appeared on ebay so quickly.

So maybe sold before compensation process completed and if so then statements made saying it had been lost when actually it had been sold are questionable. Further at time of sale on pallet compensation had not been paid so ownership had not passed, and could not be further passed on.


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 Post subject: Re:
PostPosted: Fri Jul 03, 2020 11:27 am 
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Joined: Sat Oct 25, 2008 12:17 am
Posts: 1399
Location: Chesterfield
I’m sure in the terms And conditions of using Hermes it says something to cover them. They won’t take a chance like that and will have lawyers on call if anyone tries to challenge it.


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PostPosted: Fri Jul 03, 2020 11:32 am 
Old School GrandMaster | Rider
Old School GrandMaster | Rider
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Joined: Thu Nov 26, 2015 7:29 pm
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Location: peak district
Glad you got this resolved.

I hope you will reimburse the current owner at least, for his kind gesture 8)


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 Post subject: Re:
PostPosted: Fri Jul 03, 2020 11:37 am 
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T&C can't overwrite the law, and they don't strike me as the type of outfit to hire lots of proper lawyers, rather "customer service representatives" to read from a script and give you the runaround.

Anyway once frame back My Hermes may let the £20 be kept as a good will gesture / compensation

and those involved have probably had enough and don't need the hassle, and as said just don't use them.


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 Post subject: Re:
PostPosted: Fri Jul 03, 2020 3:26 pm 
Retro Guru

Joined: Sun Mar 04, 2018 5:05 pm
Posts: 653
Location: Blue shadows on the trail
You had a great result there.
Good karma


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 Post subject: Re: Re:
PostPosted: Fri Jul 03, 2020 3:37 pm 
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Joined: Sat Oct 25, 2008 12:17 am
Posts: 1399
Location: Chesterfield
daugs wrote:
T&C can't overwrite the law, and they don't strike me as the type of outfit to hire lots of proper lawyers, rather "customer service representatives" to read from a script and give you the runaround.

Anyway once frame back My Hermes may let the £20 be kept as a good will gesture / compensation

and those involved have probably had enough and don't need the hassle, and as said just don't use them.


You think Hermes don’t have proper representation and don’t have people writing their terms who know their stuff?

A company with a turnover of nearly 7 billion Euros doesn’t just wing it.

Morally they are wrong but they will be covered legally.


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PostPosted: Fri Jul 03, 2020 3:58 pm 
Lincs, East and South Yorks Deputy AEC
Lincs, East and South Yorks Deputy AEC
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Joined: Sun Apr 08, 2012 11:56 am
Posts: 2159
Location: Doncaster
Hi All

Right, let's put this one to bed hehe. I have the frame with me now at home. And to be fair to the chap who had it he didn't have any problems handing the frame back over to me, he was actually a really nice guy and I thanked him for being so cool about this and told him he'd made good karma by handing it back to me. He and his stepfather run the company together, they buy lots of 'Lost Items' from couriers then sell them on via Ebay etc. It's all above board on their part, it's the leeching couriers who are at fault and who are failing us. He did tell me about the other frame he's selling which LGF mentioned in this post, he came about it in the same way as mine. He's also selling a brand new and boxed (unopened) Kona gravel bike, RRP is around £750 but he's selling it for £550, I pity the poor bugger who bought that and never received it. The boxed Kona was also bought from a courier as a 'Lost Item'. The guy has been through this process before where people have claimed items from him and he has always given them back to the owner without question. Again I'll say, he was a nice chap.

For those who queried the compensation, yes I did accept the £20 when it was offered by the guy from My Hermes, his name was Ian and I hope he comes across some very bad luck, his attitude stank and he would not move at all with regards compensation, I felt that there was nowhere for me to go as I didn't opt for additional compensation so that part is totally my fault. I would and have argued that we should not have to pay for additional compensation but the option was there and I didn't take it.

Now, who wants to buy a gold 1997 Kona Explosif frame? It's got history but it's 100% Kosher hehe.

;-)


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 Post subject: Re: Re:
PostPosted: Fri Jul 03, 2020 4:43 pm 
Retro Guru
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Joined: Sat Apr 02, 2011 11:16 am
Posts: 966
Location: Camden, London
d8mok wrote:
You think Hermes don’t have proper representation and don’t have people writing their terms who know their stuff?

A company with a turnover of nearly 7 billion Euros doesn’t just wing it.

Morally they are wrong but they will be covered legally.


Not necessarily. You are assuming a level of competence in dealing with legal matters that they haven't displayed in most other parts of the business.

This is what they would like you to think, and they probably have some good lawyers but not "on call" to deal with this type of stuff - they would rely on procedure. Its a private company so wide range of approaches. It may have group revenues of 7billion euro although I thought more like 2.5, in any case most is in Germany and many companies particularly private are less in control of their overseas subsidiaries. Firms with good lawyers usually keep themselves out of the press by settling disputes quietly before they blow up. Many decisions are made commercially based on risk etc and costs of breaching laws taken as an occupational hazzard. T&C are drafted to minimise the risk and put people off taking action. They are not legal gospel, and why consumer protection legislation exists. Litigation is a high stakes poker game and that's why some lawyers love it. I've sat in too many meetings with lots of lawyers in expensive suits squaring up to each other with fantastic arguments and lots of bluster only for bluffs to be called and total capitulation normally after short recesses when everybody takes a breath.

Anyway per previous post, matter closed, and hopefully UK revenues falling. Apparently though they are only the second worst UK delivery business ?


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 Post subject: Re:
PostPosted: Fri Jul 03, 2020 7:24 pm 
retrobike rider
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Location: Yorkshire, England
Trebz, my offer still stands ;-)


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PostPosted: Fri Jul 03, 2020 7:32 pm 
Retro Guru

Joined: Fri Sep 02, 2016 9:54 pm
Posts: 524
Glad its back good ending very lucky that you got it back


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