Parcelforce lost my item but won't refund me - help please!

vixtagirl

I sent a parcel via Parcelforce back at the end of January on their 48 hour service, which unfortunately they failed to deliver (I'm assuming they lost it).

When I check the tracking number it just says they collected the parcel, and Parcelforce themselves are unable to track where it is.

After 3 weeks of chasing this up I submitted a claim for loss of the item (value £80 plus £14 cost of sending). Parcelforce acknowledged my claim but were waiting for proof from the recipient that the parcel didn't arrive. In the interim the recipient company went into administration (on 3rd March 2012). I phone Parcelforce to let them know this and they said they would check what would happen now and come back to me.

Well today there was a message left on my answerphone basically saying that my claim was refused as their procedures have to be followed in terms of evidence of non-receipt of the parcel at the recipient's end. Which is now impossible to provide as the company has gone bust! They will put this in writing to me and said I could appeal (very kind of them I thought).

Sorry this is so long winded - but my question is where do I stand now? I have to write in again to appeal, but basically they could turn this down again. I thought that legally I contracted with them to deliver my parcel and they have failed to do so, but am unsure what the best way forward is? Please could anyone advise? Thank you for any help, I am so angry with them at the moment!!

agrinnall

I don't know where you stand legally, but morally I would say if they are unable to prove to you that they did deliver it then they should refund you - you paid for a service which they can't confirm that they actually provided. Hopefully someone who knows more about their T&Cs will be able to confirm whether it is worth taking legal action against them if they continue to refuse to pay up.

wealdroam

Send them a letter before action.

State that they have lost your parcel, they owe you £xx.xx, and if they don't send you the money within 14 days you will start legal action in the small claims court to recover your money.

Google letter before action for many samples.
Send it recorded delivery.

While you are waiting for a response, start reading the Mcol website.

somethingcorporate

I agree with both of the above. It should be up to them to prove that they provided the service and not for you to prove they didn't!

I am sure any judge would agree with you. Wealdroam's advice (as always) is excellent.

vixtagirl

Thank you all, that's great. Should the letter before action be sent separately to the appeal letter do you think? I am just wary that if I don't appeal Parcelforce will then say I haven't followed their procedure.

I had wondered about small claims court but wasn't sure so this is helpful.

Thanks again, starting to calm down now!

Fergie76

I wouldn't bother with the appeals letter, just send the letter before action.

arcon5

Definitely appeal first. Then you can demonstrate you exhausted all avenues to resolve this outside of court.

If this is not successful, you can then follow the sound advice already given.

bod1467

I agree. In any case, doing the appeal will strengthen your hand if it gets to court action.

Norfolk_Jim

you never know, the appeal might work.

blackaqua

I would appeal to show you've exhausted all reasonable efforts with the company

vixtagirl

Yes I will appeal - the letter rejecting my claim arrived today which was supposed to contain the details of the appeals process.
Guess what - it didn't! So yet another phonecall to Parcelforce. I am starting to feel that they should reimburse me for all these calls but I don't suppose they will....

Thanks for the advice, I will update on progress.