MusicMagpie Help

aimz.w

I recently sent a phone to MusicMagpie, they're saying they haven't received the item, but I have proof of signature from Royal Mail. They are saying because I used special delivery and not their postage label (their labels don't have enough insurance on them from Royal Mails point of view) so there's nothing they can do about it.

I included the original label and the order details in with the phone so if anyone opened the package it would be immediately obvious what order it was for. Now I'm stuck as Music Magpie say they won't help, but Royal Mail have proof its been signed for, so I'm down a phone/a couple hundred £'s.

Any ideas on what I can do? Can I pursue a small claims from MM?

overpricedcoffee

Maybe worth starting with Royal Mail to see if they can locate the item, if they cannot try and make a claim as it's lost and you can only claim within the first 80 days of the delivery attempt.

mobilejunkie

Yes you can. You have proof of delivery. I doubt Royal Mail would do anything since you know they delivered it safely. A decent LBA may well do the trick, if not I would definitely sue.

sdduk

As above you will have to claim against Royal mail because they are the ones that supposed to have delivered it.

I had the same thing with ebay i sent a phone out and it was signed for by the person i had sold it to but they said it was not there signature so i had to go though RM to get my money back which after about 2 months they gave me a refund.
Even paypal didn't want to know because it had been signed for i even had all the proof that i sent it out signed for and went on RM website and downloaded the signature to prove it had been delivered.

d123

sdduk wrote: »

As above you will have to claim against Royal mail because they are the ones that supposed to have delivered it.

OP says he has a signature for delivery, it’s not Royal Mail at fault, his fight is with Music Magpie who have received the phone but not paid him for it.

aimz.w

Yes, I have proof of delivery from RM so I’m concerned they’re going to tell me they’ve fulfilled their side of the contract and that the liability is with Music Magpie, who have said they can’t locate the item and therefore can’t confirm they’ve received it, but also said they won’t help me claim against RM because I didn’t use their postage label!

d123

aimz.w wrote: »

Yes, I have proof of delivery from RM so I’m concerned they’re going to tell me they’ve fulfilled their side of the contract and that the liability is with Music Magpie, who have said they can’t locate the item and therefore can’t confirm they’ve received it, but also said they won’t help me claim against RM because I didn’t use their postage label!

I don’t see how you think you have a claim against Royal Mail, with or without Magpie’s help. RM can prove they delivered it, a court would laugh you out the building if you tried to sue them.

Your fight is with Magpie, starting with whoever signed for the parcel. You have documented proof your phone arrived, you would have a strong case against them, the fact they’ve lost the phone after receiving it isn’t your problem.

PHK

d123 wrote: »

I don’t see how you think you have a claim against Royal Mail, with or without Magpie’s help. RM can prove they delivered it, a court would laugh you out the building if you tried to sue them.

Your fight is with Magpie, starting with whoever signed for the parcel. You have documented proof your phone arrived, you would have a strong case against them, the fact they’ve lost the phone after receiving it isn’t your problem.

For once, I disagree with you. There is proof the parcel was signed for, but that's it. As it stands MM's defence is "no-one by that name here". So it's important to rule out the possibility of a "mistake" by the Royal Mail.

An investigation will need to be started with the Royal mail claiming that the parcel has not been delivered but their system is showing a signature.

When Music Magpie get the investigation form it might spur them into action. If not then if the 8nvestigation finds the package was delivered then the OP will have more proof for any court claim. If it finds the parcel was "misdelivered" then the Royal Mail would pay up eventually.

I would start an investigation with the Royal Mail and send a letter before action to Music Magpie.

d123

PHK wrote: »

For once, I disagree with you. There is proof the parcel was signed for, but that's it. As it stands MM's defence is "no-one by that name here". So it's important to rule out the possibility of a "mistake" by the Royal Mail.

An investigation will need to be started with the Royal mail claiming that the parcel has not been delivered but their system is showing a signature.

When Music Magpie get the investigation form it might spur them into action. If not then if the 8nvestigation finds the package was delivered then the OP will have more proof for any court claim. If it finds the parcel was "misdelivered" then the Royal Mail would pay up eventually.

I would start an investigation with the Royal Mail and send a letter before action to Music Magpie.

You have a point, it would be wiser to take both courses of action as you describe.

marcarm

I sent something to MusicMagpie recently via Hermes and it never arrived, MM paid out to the value of the quote immediately after concluding it was lost.

the insurance terms for MM state:

When you send your Item using any of the Delivery Services detailed in these Terms and Conditions, your Item will be insured up to the amount of the Valuation for that Item. This means that once your Package has been accepted at the ParcelShop, your local Post Office or by a third party courier, the Items included in the Package are insured up to the value of the Valuation provided by us.

So not sure why you think the insurance did not cover the value of the phone?

aimz.w

I didn’t see that in the T’s and C’s 😩 it was the lady at the post office that said it wasn’t insured for enough.
I sent a phone to Envirofone a few years back and the phone went missing in the post, i sent via their postage so it wasn’t special delivery. RM only covered £50 and Envirofone didn’t care as I had no proof of delivery, I thought my best bet was to send special delivery. Moral of the story, next time just go sell them to CEX or something!