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  • FIRST POST
    • Fitzy47
    • By Fitzy47 19th Jun 17, 10:04 PM
    • 6Posts
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    Fitzy47
    Courier reseller refuses compensation for a misdelivered parcel
    • #1
    • 19th Jun 17, 10:04 PM
    Courier reseller refuses compensation for a misdelivered parcel 19th Jun 17 at 10:04 PM
    Hi

    After some advise/pointers on what to do.

    A customer purchased some items from us and paid for a next day courier service. We had a contract with Inxpress who are a courier services reseller. The parcel was sent with interlink express properly packaged in a box.

    A few days later customer calls to ask when we are sending his items. Check online and the tracking says it's been delivered and signed for the day after it was sent. We raised a query with inxpress who contact his local depot and report back that the driver says the homeowner was on his way out the drive and told him to put it round the back of the house. Customer vehemently denies this and says he wasn't at home at the time it was supposedly delivered.

    Report this back to inxpress who say the driver is going to call back as "his job is on the line" but to put in a claim anyway. Claim is submitted and we point out that the parcel isn't lost or damaged as it has either been delivered to the wrong address or stolen. Either way our claim is for the full value £700 as the courier has not fulfilled their obligation to deliver the parcel to our customer. The driver never went back to the property.

    After several conversations asking for progress reports and constantly being told it's being investigated and they will report back by the end of the week but never do. Eventually contact interlink direct to be told they cannot discuss it with us as we are not the customer and must go through Inxpress. After weeks of chasing for the driver to go back to the customer we are told it's been too long now and driver doesn't remember. Inxpress process a claim as a list parcel and pay a fraction of its value.


    Just read another thread on here about a similar situation but after sending the courier reseller a letter saying they had basically breached the contract and were liable the reseller paid up.

    Before I go down this route I would value the opinions of this forum on whether it's a viable action to take.

    Thanks in advance
Page 1
    • wealdroam
    • By wealdroam 19th Jun 17, 10:07 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    • #2
    • 19th Jun 17, 10:07 PM
    • #2
    • 19th Jun 17, 10:07 PM
    Hi

    After some advise/pointers on what to do.

    A customer purchased some items from us and paid for a next day courier service. We had a contract with Inxpress who are a courier services reseller. The parcel was sent with interlink express properly packaged in a box.

    A few days later customer calls to ask when we are sending his items. Check online and the tracking says it's been delivered and signed for the day after it was sent. We raised a query with inxpress who contact his local depot and report back that the driver says the homeowner was on his way out the drive and told him to put it round the back of the house. Customer vehemently denies this and says he wasn't at home at the time it was supposedly delivered.

    Report this back to inxpress who say the driver is going to call back as "his job is on the line" but to put in a claim anyway. Claim is submitted and we point out that the parcel isn't lost or damaged as it has either been delivered to the wrong address or stolen. Either way our claim is for the full value £700 as the courier has not fulfilled their obligation to deliver the parcel to our customer. The driver never went back to the property.

    After several conversations asking for progress reports and constantly being told it's being investigated and they will report back by the end of the week but never do. Eventually contact interlink direct to be told they cannot discuss it with us as we are not the customer and must go through Inxpress. After weeks of chasing for the driver to go back to the customer we are told it's been too long now and driver doesn't remember. Inxpress process a claim as a list parcel and pay a fraction of its value.


    Just read another thread on here about a similar situation but after sending the courier reseller a letter saying they had basically breached the contract and were liable the reseller paid up.

    Before I go down this route I would value the opinions of this forum on whether it's a viable action to take.

    Thanks in advance
    Originally posted by Fitzy47
    Hi, welcome to the forums.

    What insurance did you have on this package?
    • angryparcel
    • By angryparcel 19th Jun 17, 10:09 PM
    • 910 Posts
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    angryparcel
    • #3
    • 19th Jun 17, 10:09 PM
    • #3
    • 19th Jun 17, 10:09 PM
    your contract is with Inxpress, so they should compensate you and it is up to them to claim from whichever courier they used.
    I would sent a LBA to Inxpress
    • bris
    • By bris 19th Jun 17, 10:14 PM
    • 6,828 Posts
    • 5,855 Thanks
    bris
    • #4
    • 19th Jun 17, 10:14 PM
    • #4
    • 19th Jun 17, 10:14 PM
    You can't take any action, the courier says it's delivered on the customers instructions then that's what you go by. There is just as much chance the customer is at it for 700 quid as there is the courier is lying.


    But apart from that the above question is relevant, did you have full insurance as you get what you pay for.
    • Fitzy47
    • By Fitzy47 19th Jun 17, 10:20 PM
    • 6 Posts
    • 0 Thanks
    Fitzy47
    • #5
    • 19th Jun 17, 10:20 PM
    • #5
    • 19th Jun 17, 10:20 PM
    The standard loss or damage. However the parcel was not lost or damaged. Surely by paying the small amount they have paid is an admission that they know it wasn't delivered to the right person.
    • shaun from Africa
    • By shaun from Africa 19th Jun 17, 10:22 PM
    • 9,444 Posts
    • 10,613 Thanks
    shaun from Africa
    • #6
    • 19th Jun 17, 10:22 PM
    • #6
    • 19th Jun 17, 10:22 PM
    IMO, this is the important part:
    A few days later customer calls to ask when we are sending his items. Check online and the tracking says it's been delivered and signed for the day after it was sent.
    Originally posted by Fitzy47
    If the courier is telling the truth and the customer signed for the item and then told the driver to "put it round the back of the house" then the customer is totally to blame if the item was subsequently stolen.

    If however no proof of the delivery being signed for can be provided then either the driver or someone at Interlink Express would be to blame and as they can't provide verifiable proof of the delivery then they must be liable.
    If they can't or won't provide verifiable proof of the package being and signed for then I would suggest you do as angryparcel has suggested and send an LBA (Letter Before Action.)
    • Fitzy47
    • By Fitzy47 19th Jun 17, 10:22 PM
    • 6 Posts
    • 0 Thanks
    Fitzy47
    • #7
    • 19th Jun 17, 10:22 PM
    • #7
    • 19th Jun 17, 10:22 PM
    But they have paid a minimal amount for a lost parcel. So if it was lost then it cannot have been delivered as they say it was. Can't have it both ways surely.
    • Fitzy47
    • By Fitzy47 19th Jun 17, 10:24 PM
    • 6 Posts
    • 0 Thanks
    Fitzy47
    • #8
    • 19th Jun 17, 10:24 PM
    • #8
    • 19th Jun 17, 10:24 PM
    By "they" I mean interlink
    • Fitzy47
    • By Fitzy47 19th Jun 17, 10:26 PM
    • 6 Posts
    • 0 Thanks
    Fitzy47
    • #9
    • 19th Jun 17, 10:26 PM
    • #9
    • 19th Jun 17, 10:26 PM
    A squiggle that could have been done by the driver.
    • angryparcel
    • By angryparcel 19th Jun 17, 10:35 PM
    • 910 Posts
    • 518 Thanks
    angryparcel
    Inxpress process a claim as a list parcel and pay a fraction of its value.
    Originally posted by Fitzy47
    Which would imply that the correct insurance for the item was not taken out. Also Inxpress may be like Royal Mail and parcelforce and that is compensation is only paid on what you paid for the item and not what you sold the item for.
    So if you paid £100 and sold for £700 , you would only get £100 as that is what you paid for the item
    • Fitzy47
    • By Fitzy47 19th Jun 17, 10:45 PM
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    • 0 Thanks
    Fitzy47
    If the parcel had been lost or damaged then that's my lookout. However they said the parcel had been delivered. So if it's delivered it's not lost. It's either been delivered to the wrong address or stolen. Either of which surely mean that interlink have breached their duty of care. Inxpress are then surely complisite by not pursuing the claim properly.

    By processing a claim for a "lost" parcel surely that's an admission that it wasn't delivered. And that means either the driver fraudulently signed on behalf of the customer or left it in an unsecured location and it was stolen.
    • angryparcel
    • By angryparcel 19th Jun 17, 10:52 PM
    • 910 Posts
    • 518 Thanks
    angryparcel
    If the parcel had been lost or damaged then that's my lookout. However they said the parcel had been delivered. So if it's delivered it's not lost. It's either been delivered to the wrong address or stolen. Either of which surely mean that interlink have breached their duty of care. Inxpress are then surely complisite by not pursuing the claim properly.

    By processing a claim for a "lost" parcel surely that's an admission that it wasn't delivered. And that means either the driver fraudulently signed on behalf of the customer or left it in an unsecured location and it was stolen.
    Originally posted by Fitzy47
    so send an LBA to Inxpress demanding they do a proper investigation to find out if it was delivered or not by interlink ( who are actually DPD) and if they cant investigate then you want fully compensated
    • Gavin83
    • By Gavin83 19th Jun 17, 11:07 PM
    • 4,555 Posts
    • 7,191 Thanks
    Gavin83
    The standard loss or damage. However the parcel was not lost or damaged. Surely by paying the small amount they have paid is an admission that they know it wasn't delivered to the right person.
    Originally posted by Fitzy47
    Seems pretty lost to me.

    Why did you not take out the insurance for such a high value item? Have you actually got any proof it's not the buyer who's trying to screw you over? Where did the tracking say it was delivered to?
    • wealdroam
    • By wealdroam 19th Jun 17, 11:57 PM
    • 18,648 Posts
    • 15,549 Thanks
    wealdroam
    The standard loss or damage.
    Originally posted by Fitzy47
    Is that even a sentence?
    I'll assume it's the answer to my question...
    What insurance did you have on this package?
    Originally posted by wealdroam
    Let me try a different question...
    How much was you package insured for, and for what risks?
    • SnowTiger
    • By SnowTiger 20th Jun 17, 1:11 AM
    • 3,036 Posts
    • 2,000 Thanks
    SnowTiger
    I had a parcel delivered by DPD recently and could track the driver's progress to me via DPD's website.

    Presumably they retain the information and it can to used to demonstrate the driver was at the recipient's address on a specific day.

    If the driver was there on the day, it's likely the parcel was delivered and the recipient is pulling a fast one.

    I guess the problem here is that the OP is dealing with an intermediary.
    • foxtrotoscar
    • By foxtrotoscar 20th Jun 17, 1:50 AM
    • 1,002 Posts
    • 1,466 Thanks
    foxtrotoscar
    The delivery Company are agreeing it's lost and I suspect paying you out 'insurance wise' for the Service you paid for? What cover 'insurance wise' did you pay for?
    • photome
    • By photome 20th Jun 17, 6:53 AM
    • 12,678 Posts
    • 8,160 Thanks
    photome
    OP what does your contract say regarding compensation for lost parcels
    • visidigi
    • By visidigi 20th Jun 17, 6:58 AM
    • 5,643 Posts
    • 3,513 Thanks
    visidigi
    I had a parcel delivered by DPD recently and could track the driver's progress to me via DPD's website.

    Presumably they retain the information and it can to used to demonstrate the driver was at the recipient's address on a specific day.

    If the driver was there on the day, it's likely the parcel was delivered and the recipient is pulling a fast one.

    I guess the problem here is that the OP is dealing with an intermediary.
    Originally posted by SnowTiger
    Interlink are owned by DPD - they recently re branded Interlink as DPD local (a low cost Hermes competitor).

    And it wouldn't make much of a difference here on the intermediary. The fact is courier is obligated to pay out a minimum amount based on weight as per the terms an conditions of carriage that interlink have.

    11. LIMITATION AND EXCLUSION OF LIABILITY

    (a) Subject to the provisions of this Condition 11 and Conditions 4, 10, 12, 13 and 14, the Company's liability (whether in contract, tort, conversion, negligence or otherwise and howsoever arising) for the loss of or damage to any goods and/or for any other matter (howsoever arising) under or in connection with the Contract shall be limited to the lesser of:

    (i) for goods carried within the UK:-

    1. £12 per kg of gross weight lost or damaged up to a maximum of £1,000 per Consignment unless the Customer has purchased Extended Cover (as defined in Condition 12); or
    https://www.dpdlocal.co.uk/terms-and-conditions.jsp

    So they are covered because its for loss or damage and this is loss - however the loss occurred.
    • angryparcel
    • By angryparcel 20th Jun 17, 8:05 PM
    • 910 Posts
    • 518 Thanks
    angryparcel
    Interlink are owned by DPD - they recently re branded Interlink as DPD local (a low cost Hermes competitor).

    And it wouldn't make much of a difference here on the intermediary. The fact is courier is obligated to pay out a minimum amount based on weight as per the terms an conditions of carriage that interlink have.



    https://www.dpdlocal.co.uk/terms-and-conditions.jsp

    So they are covered because its for loss or damage and this is loss - however the loss occurred.
    Originally posted by visidigi
    That is for standard cover. just like if you use parcel2go you are only covered upto £20 unless you pay for extra insurance to cover the items value
    • visidigi
    • By visidigi 20th Jun 17, 8:17 PM
    • 5,643 Posts
    • 3,513 Thanks
    visidigi
    That is for standard cover. just like if you use parcel2go you are only covered upto £20 unless you pay for extra insurance to cover the items value
    Originally posted by angryparcel
    Correct.

    And the OP didn't buy extended insurance.
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