Parcel Monkey Lost my package won't compensate

cakey

Hi, i am looking for some help regarding a template to send to parcel monkey complaints, i have looked on the citizens advise site and can't find one, also spoke to them on the phone..

Background -

sold some boots on ebay, sent them on the 20th May through parcel monkey (insured up to £200) via parcel force, the tracking stated it was delivered on the 23rd May. Around the 15th june i receive a message front the buyer stating she hadn't received them (she has been on holiday).
So i go to the parcel monkey site, check tracking and it states delivered. i click on the icon next to the parcel monkey package detail to report lost package. it then takes me to parcel force to trace and make a claim...

so for the last few weeks i have gone through parcel force with them investigating it ( they have happily dealt with me frequently over 3 weeks) and i then put in a claim for compensation within the 30 days when an advisor on the phone told me to. So roll on yesterday and i get a message from parcel force saying they can't deal with me for compensation as parcel monkey are the agent. no one mentioned this to me the whole time

So i went back to parcel monkey and they have just informed me i only had 7 days to make a claim. i didn't even know it was missing until 15 days as the tracking stated delivered!

no one will refund me. paypal have already refunded the buyer, so i have no boots and no money. i can't afford this.

Citizens advice have told me to write a complaint to the head office and state that the terms are unfair (7 days to claim) and that the have been negligent with my parcel. but i would really like some help with a professional looking letter. does anyone have a template or can help me?

thank you

cakey

Can anybody help

lovinituk

Why did Paypal refund the buyer when the tracking showed it as delivered?

If it is lost then Parcel Monkey didn't lose it as they don't handle the packages.

cakey

Paypal take the money and hold it, parcel force have stated they haven't got a pod signature at the other end.My contract is with parcel monkey as they are whom I actually paid the money to. So when a parcel goes missing, it doesn't matter that parcel monkey booked the delivery through parcel force, it's parcel monkey I should make the claim with as they are the broker. I have no legal contract with the actual courier ( or so citizens advice say)

pinkshoes

Citizens advice are correct - your contract is with parcel monkey.

The 7 days is indeed an unfair term, so it would WRITE to them and point this out, insisting that they prove it was delivered, and issue a full refund.

If they don't play ball, send them a letter before action, giving them 14 days to refund.

visidigi

Definitely an unfair term, search for parcel monkey on here and you will see a similar response...

Buzby

Whether 7 days is unfair is moot - the fact is if it wasn't delivered within 7 days you'd be complaining regardless. However, as PF are saying it was delivered then you're stuck between a rock and a hard place.

You'll need the recipient to state they never received the goods (they might have, of course, just that they never signed for it). Only you can pursue PM for compensation... BUT. Can you prove the value? The eBay listing will probably not do, so you'll need your original Purchase invoice if you still have it.

You'll need to review ALL PM's T&C's to see what they may use to deny your claim over and above the 7 day limit. After that, it up to you to raise a SC action with no guarantee of success.

arcon5

lovinituk wrote: »

If it is lost then Parcel Monkey didn't lose it as they don't handle the packages.

Who cares, ops contract is with PM - irrespective of who actually handled it

unholyangel

Buzby wrote: »

Whether 7 days is unfair is moot - the fact is if it wasn't delivered within 7 days you'd be complaining regardless. However, as PF are saying it was delivered then you're stuck between a rock and a hard place.

You'll need the recipient to state they never received the goods (they might have, of course, just that they never signed for it). Only you can pursue PM for compensation... BUT. Can you prove the value? The eBay listing will probably not do, so you'll need your original Purchase invoice if you still have it.

You'll need to review ALL PM's T&C's to see what they may use to deny your claim over and above the 7 day limit. After that, it up to you to raise a SC action with no guarantee of success.

A paypal invoice for the ebay amount should suffice. What op paid for it is irrelevant. They are entitled to losses reasonably incurred due to parcel monkeys breach - and their losses are the value they'll have to refund the buyer or the value it will cost them to replace the item.

ETA: should perhaps include that the above is in the case of a consumer who has sold an old personal item (for example) as a one off rather than someone who is actually selling on ebay regularly for profit (as it is possible to exclude some liability in b2b contracts).

lovinituk

cakey wrote: »

Paypal take the money and hold it, parcel force have stated they haven't got a pod signature at the other end.My contract is with parcel monkey as they are whom I actually paid the money to. So when a parcel goes missing, it doesn't matter that parcel monkey booked the delivery through parcel force, it's parcel monkey I should make the claim with as they are the broker. I have no legal contract with the actual courier ( or so citizens advice say)

Does the tracking show its delivered? Have you entered the tracking number in Paypal?

arcon5 wrote: »

Who cares, ops contract is with PM - irrespective of who actually handled it

Its a bugbear of mine so I kind of care. It has no bearing on this matter whatsoever but I like being pedantic sometimes. I know the contract is with ParcelMonkey, I never denied that. The point is that ParcelMonkey did not lose the package, their agent did. Just stating the facts

cakey

Thank you for all of your replies, I have written a letter to send to parcel monkey, will have to wait for a reply. If nothing comes from the complaint my last resort is small claims and I will have to prove the terms are unfair. I hope it doesn't get to that ;(