Package STOLEN by Yodel...

LewiH86
LewiH86 Posts: 3 Newbie
edited 16 December 2016 at 8:48AM in Consumer rights
I sent some car parts on a "Yodel XpressPack 48" service via parcel2go.com

I declared the value of the goods (£50) and did not pay for additional insurance, as always, because it's a bloody rip-off.

According to the tracking the parcel made it to the depot.

P2G are now saying that they're unable to locate my parcel, and from the most recent email it looks like they're deciding whether to reimburse the delivery cost (about £8).

Now, I can understand if I didn't take insurance and the item got damaged or was signed for by an imposter or the item was actually delivered but something happened to it at the other end - I can understand then I would not have a leg to stand on and there would be no grounds for them to pay out.

However, they've admitted the parcel made it do their depot and was in their hands, and they have "lost" it... What ever way you look at it that is nothing other than theft if you ask me! Or at least neglegince at best!?

I have proof the parcel was last in their hands, I have proof of the transaction (PayPal, messenger conversations and pictures of goods) - Where do I stand on this?

I don't see any reason neither myself nor the guy who bought the goods should bare the financial brunt of this, any help would be greatly appreciated....

Thanks, Lewis
«13

Comments

  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    They have LOST your parcel, not STOLEN it.

    They will not be overly sympathetic with your case if you are posting on the internet that they have stolen your parcel. Adjust your tone a little and appeal to them again, asking for their help rather than being so aggressive - because that is the way you are coming across. You are dealing with human beings not machines.
  • LewiH86 wrote: »
    I declared the value of the goods (£50) and did not pay for additional insurance, as always, because it's a bloody rip-off.
    To increase the insurance from the basic £20 to £50 only costs £1.50. Hardly an extortionate amount.
  • Hi LadyDee, thanks for the reply - I haven't actually gotten back to them yet, and obviously I will do my best to remain professional as possible when I do, however I hope you can understand I am a little disgruntled at the fact they seem happy enough to write off £50 of my own money at no fault of my own... And I'm sorry, but I'm still really struggling to see it as anything other than theft.

    Shaun From Africa - That's 20% of the over-all delivery charge, I send a lot of robust car parts (many worth more than £50) which are not prone to damage, and it does not make business sense to be paying 20% over the odds (or more) for them to be insured... And to be fair this is the first time I've ever had an issue

    I'm going to email them back - bar comments about the cost of insurance and the aggressive nature of my tone (for which I apologise if that is how I come across), I was hoping someone could advise where I might stand from a legal point of view or what my best chances of seeing reimbursement might be... Or even some advice on how best to word my email and/or the best angle to come at it from, as you may have noticed I'm not brilliant at getting my point across tactfully!

    Thanks again,
    Lewis
  • naedanger
    naedanger Posts: 3,105 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    LewiH86 wrote: »
    , I was hoping someone could advise where I might stand from a legal point of view ...

    I think (but don't know) that you will not have a good case from a legal standpoint.

    If the car parts were sent as a business user (rather than consumer) then I think you only have a right to what the contract states (even if this seems unreasonable). So if they exclude all liability in their terms and conditions, and you are a business user, then I think you have no legal grounds to complain.

    If the car parts were sent as a consumer then I expect your rights are those stated in the contract unless these are considered unfair by a court. And perhaps excluding liability for their negligence would be considered unfair. In which case you would need to prove on the balance of probability they have been negligent in handling an item worth £50. An item going missing would not seem to be enough, to me, to show they have been negligent, but perhaps a court would think it was (in the absence of evidence to the contrary - which may exist).

    The other difficulty is that to prove you they are liable you would need to sue them, which will involve, at a minimum, paying a court fee. If you lose you would not get this amount back. Plus you will have all the hassle of making a legal claim. In summary, I doubt it will be worth the effort and risk.
    or what my best chances of seeing reimbursement might be...

    I suspect your best chance will be to try to speak to someone who actually has some discretion. Then explain your disappointment given their normally good service and see what they do. Explain what a good customer you have been of theirs. The more business you have given them in the past the better your chances of success. (However I would not be that hopeful, as they may not wish to undermine their insurance services.)
  • LewiH86 wrote: »
    And I'm sorry, but I'm still really struggling to see it as anything other than theft.

    Keep trying. You will get there in the end.
  • tykesi
    tykesi Posts: 2,061 Forumite
    1,000 Posts Combo Breaker
    Keep trying. You will get there in the end.

    Bit optimistic.
  • naedanger wrote: »
    I think (but don't know) that you will not have a good case from a legal standpoint.

    If the car parts were sent as a business user (rather than consumer) then I think you only have a right to what the contract states (even if this seems unreasonable). So if they exclude all liability in their terms and conditions, and you are a business user, then I think you have no legal grounds to complain.

    If the car parts were sent as a consumer then I expect your rights are those stated in the contract unless these are considered unfair by a court. And perhaps excluding liability for their negligence would be considered unfair. In which case you would need to prove on the balance of probability they have been negligent in handling an item worth £50. An item going missing would not seem to be enough, to me, to show they have been negligent, but perhaps a court would think it was (in the absence of evidence to the contrary - which may exist).

    The other difficulty is that to prove you they are liable you would need to sue them, which will involve, at a minimum, paying a court fee. If you lose you would not get this amount back. Plus you will have all the hassle of making a legal claim. In summary, I doubt it will be worth the effort and risk.



    I suspect your best chance will be to try to speak to someone who actually has some discretion. Then explain your disappointment given their normally good service and see what they do. Explain what a good customer you have been of theirs. The more business you have given them in the past the better your chances of success. (However I would not be that hopeful, as they may not wish to undermine their insurance services.)


    Hi naedanger, thank you for your thorough and helpful reply... Although it's possibly not exactly what I wanted to hear, it's certainly the answer I'm looking for! (if that makes sense?)

    I'll drop them an email and see what I hear back... I'll be sure to post any update here

    Thanks again!
  • LadyDee
    LadyDee Posts: 4,293 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    LewiH86 wrote: »
    Hi LadyDee, thanks for the reply - I haven't actually gotten back to them yet, and obviously I will do my best to remain professional as possible when I do, however I hope you can understand I am a little disgruntled at the fact they seem happy enough to write off £50 of my own money at no fault of my own... And I'm sorry, but I'm still really struggling to see it as anything other than theft.

    Shaun From Africa - That's 20% of the over-all delivery charge, I send a lot of robust car parts (many worth more than £50) which are not prone to damage, and it does not make business sense to be paying 20% over the odds (or more) for them to be insured... And to be fair this is the first time I've ever had an issue

    I'm going to email them back - bar comments about the cost of insurance and the aggressive nature of my tone (for which I apologise if that is how I come across), I was hoping someone could advise where I might stand from a legal point of view or what my best chances of seeing reimbursement might be... Or even some advice on how best to word my email and/or the best angle to come at it from, as you may have noticed I'm not brilliant at getting my point across tactfully!

    Thanks again,
    Lewis[/QUOTE

    Of course you are frustrated and angry, but I can honestly say that virtually any upset, disappointment, CS matter that I have experienced has been settled by playing the girlie/old lady card - neither of which probably apply to you, but you get my drift.

    No idea where you stand legally (others will help with that) but good luck sorting out this very unfortunate occurrence.
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    LewiH86 wrote: »

    I don't see any reason neither myself nor the guy who bought the goods should bare the financial brunt of this, any help would be greatly appreciated....

    He doesn't you do. It is not the buyers problem at all, unless you can replace with an alternative best give him his money back or you will have two fights on your hands.
  • hollydays
    hollydays Posts: 19,812 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Good to see unbelievable posts Returning to the board
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