CityLink Major Fail via MyParcelDelivery

snuggles79

Last Friday I booked a CityLink next day delivery service via myparceldelivery.com for collection Monday, delivery Tuesday. The four parcels were collected with no problems.

All day on Tuesday I tracked the parcels and they kept showing as on route to collection depot which made me very suspicious so at 3pm I telephoned CityLink to ask about this. It turned out the parcels had been sent to the wrong depot and would not be delivered until Friday (today).

I contacted myparceldelivery immediately and explained that I would like a refund as I was not going to get the service I had paid for and here is the only relevant part of their response:

"Unfortunately, as issues can happen that are beyond our control such as this mis-sort, our services are not covered by a money-back guarantee."

Additionally, I have just contacted CityLink who have told me that they will not be delivered until Monday now!

Now, as mis-sorting is not an "act of God" (just an act of stupidity) I am pretty sure I am entitled to a refund at the very least but I was wondering exactly which piece of consumer law would point this out to them?

All help gratefully received.

Sean

P.S. The parcels were sent to Beckenham depot instead of Preston - so weren't even travelling in the right direction!!!

frugal_mike

If the correct sorting and routing of parcels is beyond the control of a company selling a parcel delivery service then they should be removed from business immediately.

The relevant legislation will be the Supply of Goods and Services act. I'm assuming here you bought the service as a consumer and not a business.

bris

The parcels will still be delivered so you will not be entitled to a full refund.

You should however get the difference back between next day delivery and standard delivery so push for that instead.

snuggles79

Yes I have bought it as a private individual sending Christmas gifts to a friend.

InsideInsurance

Have you checked their terms?

https://www.myparceldelivery.com/hub/info/terms/#MPD10

Looking on that the only possible get out clause is the distance one, depending on where you are based

frugal_mike

InsideInsurance wrote: »

Have you checked their terms?

https://www.myparceldelivery.com/hub/info/terms/#MPD10

Looking on that the only possible get out clause is the distance one, depending on where you are based

Even with that I would say the onus is on them to refuse next day delivery if it is too far for them to deliver. But given in this case they made a mistake and delivered to the wrong place I doubt they could use that as a get out.

transient

snuggles79 wrote: »

Now, as mis-sorting is not an "act of God" (just an act of stupidity) I am pretty sure I am entitled to a refund at the very least but I was wondering exactly which piece of consumer law would point this out to them?

Sending parcels so late would also be deemed an act of stupidity

snuggles79

If it had been held up by the bad weather then I'd have accepted it as my fault for sending it so close to Christmas. However, the delayed delivery was caused by an error on their part. There is no reason why it should not have turned up at the right time so there's nothing stupid on my part at all. When should I have sent it? Six months in advance "just in case"?

snuggles79

Thanks insideinsurance - i hadn't thought to check them so have responded to them quoting their own ts and cs!

Luckily, the distance is under 250 miles too

transient

Collection Monday for Delivery Tuesday is too close, no margin for error

InsideInsurance

frugal_mike wrote: »

Even with that I would say the onus is on them to refuse next day delivery if it is too far for them to deliver. But given in this case they made a mistake and delivered to the wrong place I doubt they could use that as a get out.

But in this case it isnt "them" that is delivering at all.

Ultimately it would go from a guaranteed next day to a best endeavors if the distance constraint is breached and the OP had to agree to the terms to proceed to the purchase.

Of cause we dont actually know if this clause applies anyway as the OP doesnt say where they are based.