Taking Parcel Monkey to Court - Advice Please

fryster2006

F&L wrote: »

With the amount of scammers on ebay presumably you do believe the buyer received an empty box? Did the item weigh 4kg as 5kg of packaging seems a lot? Usually when staff interfere with parcels they don't just stop at one and continue until they are caught or leave.

The threat of legal action can be enough to make a company settle as a goodwill gesture although it is Parcel Monkey that would have to offer this.

In all honesty, I didn't believe the buyer for one second. But, ebay have decided in their favour based on an automatically generated Actionfraud number, so although I did all I can with ebay they have sided with the buyer. The package was 9kg when I sent it, it even states this weight on the underside of the retail packaging and on the manufacturer's website. So Citylink have weighed the item as 5kg before it's even reached the Birmingham depot. This was established during their investigation, which they took a long time over. Remember, the person I spoke to clearly stated that they dealt with Parcel Monkey issues and claims and they then referred me back to Parcel Monkey after all of this.

hermum

Do you still have to pay listing & FVF? I'm assuming you do, mso they would need to go on the claim form.
If I had ordered something that I was expecting to weigh several kg & instead received an empty box I wouldn't have accepted it.
Was it something that could have had half removed or is it more likely that someone badly guesstimated the weight where it was put down as 5kg?

fryster2006

hermum wrote: »

Do you still have to pay listing & FVF? I'm assuming you do, mso they would need to go on the claim form.
If I had ordered something that I was expecting to weigh several kg & instead received an empty box I wouldn't have accepted it.
Was it something that could have had half removed or is it more likely that someone badly guesstimated the weight where it was put down as 5kg?

The weight issue and the fact they signed for it was my argument with ebay. There was also holes in their story. I really think that if they hadn't have obtained the Action Fraud number then ebay would have ruled in my favour.

I managed to get ebay to reimburse my final value fees, I think the original listing was free. Ebay were prepared to reimburse me if I could provide a headed letter or PDF from Citylink stating the weight on collection, and as it travelled through there depots, etc. But obviously they can't do this as the weights don't add up.

The items in the parcel were in separate boxes, their original packaging, as it's a well packaged item. So part of the item could have been stolen. From me sending it at 9kg it's weight has gone down 4kg by the time it's arrived at Basingstoke. By the time it's arrived at the recipient it now weighs basically 0kg. When I was in contact it appears that the parcel wasn't weighed on arrival at Birmingham as they don't have this information. I sent parcel monkey a letter using an email they gave me and using their online support in an effort to try and persuade them to cough up before I take it further. But no joy, hence I have to now take this further.

RFW

hermum wrote: »

If I had ordered something that I was expecting to weigh several kg & instead received an empty box I wouldn't have accepted it.

It's not always that simple. You can be expecting more than one parcel, someone else can sign, etc

hermum

I usually get lots of items at the same time, tend to have a bit of a spree every now & again, I may not know which delivery it was but I think I'd realise if an empty box was delivered.
I also would have thought that the courier would realise & surely they have the info on the weight the parcel should be.

SeduLOUs

If the world carries on like this soon couriers will have to open parcels at the door with buyers signing for actual items, not just a mystery box.

That's how the courier did it when I had a phone exchange with O2. He opened the new sealed box in front of me, handed me the new phone, and put my old phone into the box and then I signed.

Before they did it this way people were posting back potatoes (or couriers were exchanging mid transit) and then both buyer and courier deny all knowledge. It's clear that someone is guilty, but the police aren't interested in the slightest, eBay defaults to find in favour of the buyer and the only person who suffers is the seller - threads like this are quickly becoming the norm.

I'd never dream of selling anything on eBay again unless something drastically changes. The system just encourages thieves.

fryster2006

Just another question, they refused my claim based on clause 5 which refers to the item being damaged. The item wasn't damaged but was lost as the buyer received an empty box. The claim was for a lost item not damaged item. Does this add any extra to my claim, the fact that they have refused it based on a damaged item not lost? I'm sending off a letter before action on Monday

ToThePoint

F&L wrote: »

With the amount of scammers on ebay presumably you do believe the buyer received an empty box? Did the item weigh 4kg as 5kg of packaging seems a lot? Usually when staff interfere with parcels they don't just stop at one and continue until they are caught or leave.

The threat of legal action can be enough to make a company settle as a goodwill gesture although it is Parcel Monkey that would have to offer this.

There is also dodgy sellers. You have no proof.

mrs_sparrow

fryster2006 wrote: »

Just another question, they refused my claim based on clause 5 which refers to the item being damaged. The item wasn't damaged but was lost as the buyer received an empty box. The claim was for a lost item not damaged item. Does this add any extra to my claim, the fact that they have refused it based on a damaged item not lost? I'm sending off a letter before action on Monday

They are clutching at straws to put you off. Simply attach that letter to your claim and inform the judge that the refusal was unjust as the claim was not for damage.

They are using that clause as they have nothing else to refuse you on. Send the letter before action and see what they do. Good luck, let us know how it goes.

ETA: I thought they said you could not claim as it was past time. So you can claim, but they are saying you cannot claim as it was not damaged. They'll make their mind up really. Put on the claim form that there is no mention in this letter about you being out of time for claiming so, the statement they are making about you being out of time, clearly is not applicable as they have refused you for a different reason. All of this will be imperative as far as the judge is concerned, they are just using different Clauses to get out of paying you.