Parcelforce pulped my books

wealdroam

Greg53 wrote: »

Impossible.

Since you have absolutely no idea what happened, for reasons already explained i.e. you are not their customer, can I respectfully suggest that your response, to a perfectly reasonable suggestion, is inappropriate?

Greg53 wrote: »

Even if they fell out of the parcel into a pool of acid on the floor as they were repairing it.... they would still be responsible for damaging my goods.

Absolutely right. Of course they are responsible for any damage they cause.

One way they could discharge that responsibility would be to arrange with the seller, their customer, to reship the damaged goods. Since they won't tell you, and again why should they, you have no way of knowing whether that happened.

Good luck with your crusade.
Please report back when you have any progress.

CardinalWolsey

Technically, it could be argued that they are not your books until they have been delivered to you. Up until that point, they remain the property of, and the liability of, the supplier. You have a contract with the supplier to supply the books, and part of that contract is that you will have paid for the books prior to shipping. But the right of ownership will not pass until delivery has completed and you accept the goods. So you can't even argue with PF that they pulped "your" books.

unholyangel

CardinalWolsey wrote: »

Technically, it could be argued that they are not your books until they have been delivered to you. Up until that point, they remain the property of, and the liability of, the supplier. You have a contract with the supplier to supply the books, and part of that contract is that you will have paid for the books prior to shipping. But the right of ownership will not pass until delivery has completed and you accept the goods. So you can't even argue with PF that they pulped "your" books.

Property and risk pass independently of each other. Usually in contracts such as this (where nothing is agreed to the contrary), property passes when the contract is made. That means that even although the retailer might still have risk/liability, the books would belong to OP.

Zandoni

I would be annoyed too, Parcelforce have no right to throw away someone elses property. They should have been delivered with an apology.

wealdroam

Zandoni wrote: »

I would be annoyed too, Parcelforce have no right to throw away someone elses property. They should have been delivered with an apology.

We don't know, probably because the OP doesn't know, whether PF were in touch with the sender before destroying the books.

Again, could it be that the sender authorised the destruction and agreed with PF that they, the sender, would resend?
(That's a rhetorical question Zandoni. No need to respond. )

wealdroam

unholyangel wrote: »

Property and risk pass independently of each other. Usually in contracts such as this (where nothing is agreed to the contrary), property passes when the contract is made. That means that even although the retailer might still have risk/liability, the books would belong to OP.

But remember, the OP purchased from the US.
Do the same principles apply to contracts formed 'over there'?

unholyangel

wealdroam wrote: »

But remember, the OP purchased from the US.
Do the same principles apply to contracts formed 'over there'?

From what I've been told, yes - at least in most states where property passes - not sure at all about risk which is why for that part i put in brackets about according to law here.

Tbh a lot of the principles of law are the same all over pretty much - ie offer + acceptance = contract. Might be some differences in the nuances though - such as what amounts to acceptance. Although I wouldnt really expect anything different given centuries of global trading & law being required to broker an agreement.

ARandomMiser

Am I missing something
Books ordered -> some damaged in transit -> remaining delivered -> missing books being resent -> end of story

Sounds like good customer service to me?

Zandoni

ARandomMiser wrote: »

Am I missing something
Books ordered -> some damaged in transit -> remaining delivered -> missing books being resent -> end of story

Sounds like good customer service to me?

Yes you're missing the bit where Parcelforce threw someone elses property away.

unforeseen

Zandoni wrote: »

Yes you're missing the bit where Parcelforce threw someone elses property away.

But was that 'someone' Greg53 or the seller?