Parcelfarce vs samsung!

mrs_sparrow

Samsung have a contract with Parcelforce. Samsung will need to claim from Parcelforce.

your claim is with Samsung, You have proof you have returned it using the method they set up.

A letter before action to Samsung should do the trick and, if not, then small claims court.

RFW

TKPeters wrote: »

Its Samsungs contract with you & with Parcelforce, you would not be able to claim of Parcelforce, as its not your contract.

Issue a letter before action against Samsung & take Samsumg to the small claims court via Moneyclaim online

I can't say I agree. It may be that Samsung wouldn't choose to defend and would pay up to prevent any aggravation. If they did defend it would cost the OP additional money and I doubt he'd win anyway. The delivery issue could be the OP's fault in packaging and OP could have opted for better insurance. As far as I can tell Samsung's address label was a courtesy gesture, they weren't liable to pay a return, the phone was not faulty, OP changed his mind.
Pursuing either Parcelforce or Samsung through the courts could be costly with little chance of getting any money back.

malc_b

Surely it depends on whether samsung T&Cs say that returns under DSR are the down to the customer. If they are silent on that then the costs are down to samsung.

Your contract is with Samsung so that is who has to pay you back. Did you pay by credit card? If so start a section 75 claim against the credit company. Just say that Samsung refuse to acknowledge their fault and won't refund you.

I would have thought that since samsung arranged the return then parcelforce was acting as their agent. Hence parcelforce's failing is samsung's failing. But in anycase the rule is always, who di you pay money to? That's who you claim from as money makes the contract.

bazzyb

custardy wrote: »

and as you have found out. It is you who needs the insurance,not Samsung.

Wrong. .................................

bazzyb

RFW wrote: »

First you need to file a Parcelforce claim and get in writing that they say it is lost.

No, the OP needs to speak to Samsung and only Samsung. If anybody files a claim with Parcelforce, it will be Samsung.

custardy

bazzyb wrote: »

Wrong. .................................

Really? For the sake of £10 and peace of mind?

bazzyb

custardy wrote: »

Really? For the sake of £10 and peace of mind?

Yes, really. Samsung are taking care of the end-to-end process, that is more than sufficient peace of mind. It is up to Samsung to ensure that their item, in their care, is sufficiently insured and sent using a suitable service.

custardy

bazzyb wrote: »

Yes, really. Samsung are taking care of the end-to-end process, that is more than sufficient peace of mind. It is up to Samsung to ensure that their item, in their care, is sufficiently insured and sent using a suitable service.

Yes,2 weeks later the OP seems very calm with that peace of mind.

I_H8_B1G_C0MPANIES

For some reason, I did not get any emails abart these responces, but wow! What a response! Anyway, Samsung forced me to accept the postage label. I wanted to choose a different courier, but they said I could not, even though I techincally could. The phone was faulty, the camera was acting up.

bazzyb

I_H8_B1G_C0MPANIES wrote: »

Samsung forced me to accept the postage label. I wanted to choose a different courier, but they said I could not.

This is exactly why you should only be dealing with Samsung directly. They dictated which courier should be used, not you. If something goes wrong it's their problem, not yours.

Speak to Samsung again, ask them for an update and if nothing seems to be happening, ask to escalate the complaint and set them a deadline to work towards before you take further action against them.