Couriers again. This time from seller perspective.

workshy_2011

Customer called me to say parcel not delivered, was a day later than expected now. The parcel tracking at parcel2go says parcel delivered at 1430hrs.

This customer is an internet aquaintance of mine. I told him it said parcel delivered and could he check his neighbours which he did. He then also went over to the nearby street with similar name and checked at the number 91 house there. He got answers at each house and no-one had his parcel.

I did web chat with parcel2go and they said they'd check with the courier. Before they got back to me I guessed the reply: they delivered it to the correct address, and they have a squiggle in a box.

parcel2go advised me to open a claim right away as that would trigger the investigation process. So I have.

So my plan and questions:

The parcel value was £120, I didn't insure the delivery. I put the claim as £120 even though the form said I could only claim £20.

I told the customer I hoped some other neighbour would bring the parcel around tonight. And that I'd order up the parts to make him another item, which if his does turn up I can sell to someone else. I told him that as this would likely end up with threatened or actual legal action that I'd need his written statement in a few days time that no-one was home at the delivery time and that he has not received the parcel.

So my question is, if I don't get satisfaction from Parcel2go, do I take action against Parcel2go solely? Or do I involve the courier and or the driver?

Now don't get all riled up, but should I be shifting this onto my customer? Because what we basically have is either the driver or my customer is lying, so it seems right that those two parties should be the ones disputing things in court?

CoolHotCold

Doesn't matter.




Parcel2Go is the retailer any claim is against Parcel2Go, and no you can't shift the burden onto the buyer.

wealdroam

But you have the responsibility to get the goods to your customer.

To help you do that you employed Parcel2go.

It really is your job to find out whether Parcel2go has let you down or your customer is not telling the truth.

Oh, and because you didn't take out extra insurance, the maximum you will get from Parcel2go is £20.

workshy_2011

wealdroam wrote: »

Oh, and because you didn't take out extra insurance, the maximum you will get from Parcel2go is £20.

I'm interested to know your reasoning or experience behind this statement?

If you had said I was limited to what I had paid for the service I could understand, but why some arbitrary £20 amount?

mije1983

workshy_2011 wrote: »

the form said I could only claim £20.

workshy_2011 wrote: »

why some arbitrary £20 amount?

It's not an arbitrary amount. It's the amount you said you were able to claim as you didn't take out extra cover.

I suppose if you could prove they were negligent you may have a case for the whole value, but as you chose not to insure the parcel for it's value you may well have to settle for the £20.

As said above, it's between you and parcel2go as the contract is between the 2 of you.

This is from their T&Cs:

6.7

(a) If we lose or damage all of a Consignment we will be liable for a maximum of £50 (£20 for Hermes, City Link Standard, Collect+ and Yodel48 services). If however this maximum figure is greater than the actual value of the Consignment then we shall only be liable for the full value of that Consignment;

If you consider that the potential loss to you caused by the loss or damage of all (or part) of a Consignment would exceed the figures set out above you must arrange separate cover or insurance to cover such potential loss.If you do not do this then we shall not be liable to you for more than the amounts set out above and you shall be responsible for the risks in any amounts not covered through such cover or insurance (or lack of).

wealdroam

workshy_2011 wrote: »

I'm interested to know your reasoning or experience behind this statement?

If you had said I was limited to what I had paid for the service I could understand, but why some arbitrary £20 amount?

Oh, it's not an arbitrary amount.
It's the figure you mentioned.
I, apparently wrongly, assumed that £20 was the amount that your package was insured for.

Sorry for the confusion.

workshy_2011

OK, So I entered into that contract. But is that a fair term? Can they disclaim responsibility for causing me loss like that?

workshy_2011

Actually this isn't a loss or damage claim is it. Someone is trying to defraud me, either the customer or the courier, or an unknown 3rd party is trying to steal from me.

wealdroam

workshy_2011 wrote: »

Someone is trying to defraud me, either the customer or the courier, or an unknown 3rd party is trying to steal from me.

Those are all possibilities.

But I don't understand why you think is isn't a claim for loss.

workshy_2011

wealdroam wrote: »

Those are all possibilities.

But I don't understand why you think is isn't a claim for loss.

If we are taalking loss of parcel as in the contract snippet qiuoted above (rather that my losses) then that is in dispute. The courier says the parcel isn't lost, it was delivered.

mije1983

workshy_2011 wrote: »

If we are taalking loss of parcel as in the contract snippet qiuoted above (rather that my losses) then that is in dispute. The courier says the parcel isn't lost, it was delivered.

The courier says they delivered it, the recipient says they didn't deliver it. Nobody is claiming to have the parcel so I would say it probably comes under the 'loss' term as at the moment it seems to be lost.

You could sue parcel2go for the £150 value of the parcel, but there isn't any guarantee you would win unless you could prove they didn't supply the service with reasonable care and skill. They may also argue that you should have take out extra insurance as the value was far above what they offer as standard.

Of course there is still the possibility that the customer is lying about not receiving the parcel. Again though, it's how would you be able to prove either way.

You may just have to take this one on the chin unfortunately unless one or other party changes their story.