Who should claim insurance? Buyer or seller?

campdave

Unfortunately the point of tracking would break down if anyone could say "I didn't sign for it" and got a refund.

You will need to work with the buyer and ask them to get PF to investigate, but as others have said, as you have either intentionally or unintentionally opened a case, the buyer may not be so inclined to help.

polkadot

So I did unwittingly open a case. But my email to him politely outlined my situation and asked his advice moving forward. My reply to the email I quoted was polite.

I explained what had happened again, that I have called PFW 4 times, also called the depot and that they have not been forthcoming with the return calls that they have promised. And that as the contract was between himself and PFW, that I would appreciate it if he would make some enquiries himself.

His response was:

Seller's message to you:
'We apologize for any inconvenience this may have caused. But we could only file a claim when the tracking information shows the item was lost, but here as you could see the item has been received and it shows it was signed by MRS SKELTON. Could you please check if you neighbors or family members received it. Thank you very much for your understanding and please accept our sincerest apologies for any inconvenience this may have brought you.'

.

sham63

polkadot wrote: »

And that as the contract was between himself and PFW, that I would appreciate it if he would make some enquiries himself.

As has been pointed out by others (and in his reply) the seller has fulfilled his contract because the parcel was signed for.


He doesn't have to do anything. You can only ask if he will help, but he is under no obligation to do so.

celestius

This happened to me a couple of months ago, I am the seller, the buyer was adamant that she did not have the tracked item despite there being a digital signature and printed name online (royal mail).
She opened a INR case and lost.

polkadot

Thank you for your opinion Sham. I have been in touch with PFW via FB and now have had another response from them:

Hi Coralie, the service was sent on Express 24. We except claims in this circumstance and we would not reject if the tracking shows delivered. It would be called a disputed delivery claim. The tracking would not show as lost as we would not declare anything lost until a claim is submitted and we have investigated all avenues. You will need to liase with the sender and check the terms & conditions you have agreed with them when you made your purchase. Also if you do not receive a response from the depot today l would advise for you to esculate this and email us your details and complaint regarding the depot too socialmediaenquiry@parcelforce.co.uk. Kind Regards, Mick PFW

Also, Express 24 states that an electronic signature will be obtained but there was no electronic signature. ANYONE could have been "MRS POLKADOT".

polkadot

celestius wrote: »

This happened to me a couple of months ago, I am the seller, the buyer was adamant that she did not have the tracked item despite there being a digital signature and printed name online (royal mail).
She opened a INR case and lost.

Celestius I would have agreed with you...but in my case there was NO electronic signature.

purple321

Maybe you could ask the seller if he could try and claim and if it is successful then refund you rather than asking him to refund you and then make a claim?

RMS2

polkadot wrote: »

....So now the sellers turn.
I emailed them as soon as I realised

polkadot wrote: »

So I did unwittingly open a case.

So, you didn't email the seller, you opened a case.


The seller will not want to get involved (if he's sensible) outside of the 'opened' case/dispute..


He's going to input the tracking data and the likelihood is you'll lose the case.


Once you've opened the case, you've lost the seller, they will follow the ebay directions, room for manoeuvre has gone.

polkadot

purple321 wrote: »

Maybe you could ask the seller if he could try and claim and if it is successful then refund you rather than asking him to refund you and then make a claim?

I have done this. He says PF will reject the claim as it has a name alongside "signed for" and is not lost. PF says they will not reject it because it has been disputed immediately. I have had this in writing from one of their reps and have sent it to the seller. He is not budging, obviously because I opened a case (unwittingly as I said.)

RMS2 wrote: »

So, you didn't email the seller, you opened a case.


The seller will not want to get involved (if he's sensible) outside of the 'opened' case/dispute..


He's going to input the tracking data and the likelihood is you'll lose the case.


Once you've opened the case, you've lost the seller, they will follow the ebay directions, room for manoeuvre has gone.

I now realise that I opened a case instead of emailing him. I was not aware at the time. I have never had cause to contact a seller after sale before so I hit the "contact seller" button, which then gives you a bunch of optional, I clicked "I did not receive my item" and it offered me some information which did not fit my criteria, so under "did you find the answer to your question?" (or something like that) I clicked "No" and then it offered me the option to "email seller".

So I sent him a nice polite message telling him what had happened, in the hopes that given he works with PF everyday ( I assume) he might have some advice to give.

Anyway, I have given up on it. It was *only* £30, but given I spend £50 on a weeks groceries-it's a lot to me. Not that it matters, but it was a pack for me to carry my camera in so that I could also carry my daughters "going out" gear, so that I could indulge myself in the use of my camera-a lovely one given to me by my FIL that I currently only use indoors as I cannot manage its bag and my daughters bag outdoors.

The only thing I fault the seller is his lack of a spirit of good customer service. Had it been me, I would at *least* have offered to make the enquiries, given that I have demonstrated how the error could have been made (and never held him responsible at all). No, he is not obligated. But as an enthusiast I *might* have gone back to him when I am ready to buy some new lenses or filters-but I am not obligated to do that either.

ETA: As for the PF driver. The one who delivered my husbands parcel that I signed for is a regular and I have placed an order for a wedge pillow that will arrive soon, so I could ask him myself, but the call centre was sure that they were on two different vans.

theonlywayisup

polkadot wrote: »

I have done this. He says PF will reject the claim as it has a name alongside "signed for" and is not lost. PF says they will not reject it because it has been disputed immediately. I have had this in writing from one of their reps and have sent it to the seller. He is not budging, obviously because I opened a case (unwittingly as I said.)



I now realise that I opened a case instead of emailing him. I was not aware at the time. I have never had cause to contact a seller after sale before so I hit the "contact seller" button, which then gives you a bunch of optional, I clicked "I did not receive my item" and it offered me some information which did not fit my criteria, so under "did you find the answer to your question?" (or something like that) I clicked "No" and then it offered me the option to "email seller".

So I sent him a nice polite message telling him what had happened, in the hopes that given he works with PF everyday ( I assume) he might have some advice to give.

Anyway, I have given up on it. It was *only* £30, but given I spend £50 on a weeks groceries-it's a lot to me. Not that it matters, but it was a pack for me to carry my camera in so that I could also carry my daughters "going out" gear, so that I could indulge myself in the use of my camera-a lovely one given to me by my FIL that I currently only use indoors as I cannot manage its bag and my daughters bag outdoors.

The only thing I fault the seller is his lack of a spirit of good customer service. Had it been me, I would at *least* have offered to make the enquiries, given that I have demonstrated how the error could have been made (and never held him responsible at all). No, he is not obligated. But as an enthusiast I *might* have gone back to him when I am ready to buy some new lenses or filters-but I am not obligated to do that either.

ETA: As for the PF driver. The one who delivered my husbands parcel that I signed for is a regular and I have placed an order for a wedge pillow that will arrive soon, so I could ask him myself, but the call centre was sure that they were on two different vans.

The case will only go in a sellers favour when a INR shows tracking. A signature isn't needed at this value, so that is moot. But a decent seller would have helped. But given you slapped them with a defect you can understand why they may not.

My advice would be to go to the carrier via social media, in a non rant way and see what help they give.