Parcel2Go or Yodel Delivery?

sean5302

I sold a tv on ebay, listing it as collection only. The buyer sent a courier (Yodel) to collect it but he told ebay it wasn't received.
Ebay refunded his money, leaving me £250 out of pocket.

The buyer has a feedback score of 1, isn't on the electoral register and hasn't answered letters or emails. Probably a scammer.

I issued a county courti claim against him and Yodel Delivery Services Ltd. Yodel sent a defence, saying it's not them, but Parcel2Go.com Ltd, trading as Yodel Direct.
I contacted P2G, who say I have no contract with them, as the buyer paid for the delivery.

I see the driver who collected my tv as he delivers to the estate regularly. He won't tell me who employs him and is actually very evasive. He could have stolen the tv, the way he acts.

The Police aren't interested, saying it's a civil matter.

Any advice people have is welcome, please.

JJ_Egan

The parcel company should have delivery records .


But you are almost claiming that the driver stole your parcel .


Take them both to court .

Gavin83

sean5302 wrote: »

I sold a tv on ebay, listing it as collection only. The buyer sent a courier (Yodel) to collect it but he told ebay it wasn't received.
Ebay refunded his money, leaving me £250 out of pocket.

You made several mistakes in this part. You shouldn't have allowed the buyer to use their own courier and especially not when paying with PayPal.

However Parcel2Go/Yodel are correct, you can't sue them, you're contract isn't with them. You'll need to take the buyer to court. However I think your chances of recovering this money is practically zero, I'd suggest chalking this up to experience and not wasting anymore time/money chasing this through the courts.

Gavin83

Just to clarify something did the buyer have a verified address on their PayPal payment?

sean5302

Yes, the buyer had a verified Paypal address and it was the address that the courier should have delivered it to.
I am suspicious of the courier driver. He almost wanted to run away from me when I asked him who his employer was. He refused to tell me his name.
Isn't the act of my handing the boxed tv over to him forming a contract?
Strange that 2 companies call themselves Yodel. One is P2G trading as Yodel Direct and the other Yodel Delivery Network. Both completely separate.

sheramber

Most courier drivers are self employed and paid per delivery.

Gavin83

sean5302 wrote: »

Isn't the act of my handing the boxed tv over to him forming a contract?

No.

This is made more complicated by the buyer arranging their own courier but in that situation they take on the responsibility of the delivery. Therefore it's the buyer you should be taking to court. Then, assuming they had sufficient insurance they'd need to claim off the courier but honestly that isn't your problem.

sean5302

That was my logic and was the reason I issued the claim against the buyer and "Yodel" as joint defendants.
The buyer hasn't responded.
"Yodel" seems to be 2 separate companies.
I issued against Yodel Delivery Network Ltd, who say it's not them and the claim should be against Parcel2Go.com Ltd, trading as Yodel Direct.
P2G say I have no contract with them.

sean5302

I've seen some slippery companies in my time, but Yodel seem to be the worst.
I've had a reply from Parcel2Go today:
"The contract was entered into when the receiver booked the order with Parcel2Go.com. They agreed to the booking and any Terms and Conditions that Parcel2Go.com have.
The driver does work for Yodel, therefore, the answers he is giving are correct. He does not work for Parcel2Go.com as we do not have drivers. Bookings are made with whichever courier that they like and the booking is passed over to the courier chosen. Unfortunately, as you did not book the order, you would not be aware of this."

So, if that is correct, the buyer chose Yodel and their driver collected my tv. Yodel Delivery Network originally denied that it was anything to do with them but P2G is just an office company without transport infrastructure. The actual transport was done by a driver sub-contracted to, or employed by, Yodel Delivery Network.
Are they vicariously liable for the driver they sent?

Gavin83

You're not really getting the point but I'll explain it again. None of the above matters. You can't take Yodel/P2G/The driver to court and if you did it would ultimately be thrown out and you'd also be down the court fee. You don't have a contract with them, they haven't broken any terms with you as they don't exist. Your contract is with the buyer and it's him you need to take to court, no one else.

However I strongly suspect it's the buyer who's scamming you here and you're unlikely to get the money back. However there's even less chance you'll get it through the courier.

bris

You listed collection only, you let them send a courier, you were scammed, simple as that. The item isn't lost it's sitting in their living room.


The courier has no contract with you so they won't tell you it's been delivered.