Can I claim an uninsured parcel

Blemma28

Hi I have sent a parcel by parcel 2 go using the myhermes drop off service, I sent the parcel off 29th of October, and there has been no updates on the parcel since 2nd November, I have contacted parcel 2 go atleast 5 times regarding this, I was told 3 times we will do a 48 hour sweep of the warehouse, I re asked them each 48 hour later was anything found and they keep saying they will email me with updates, they have not admitted to loss and they have opened a case 12th November with an outcome by the 26th of November, this was way too long for my ebay buyer to wait, as it will have nearly been a month, I have refunded the buyer, the parcel was uninsured so what can I do to get a refund. I was ripped off on the postage anyway as I wasn't given the cheapest quote, but I've read somewhere they have a duty of care to deliver it within 30 days, do I have any leg to stand on?

soolin

Blemma28 wrote: »

Hi I have sent a parcel by parcel 2 go using the myhermes drop off service, I sent the parcel off 29th of October, and there has been no updates on the parcel since 2nd November, I have contacted parcel 2 go atleast 5 times regarding this, I was told 3 times we will do a 48 hour sweep of the warehouse, I re asked them each 48 hour later was anything found and they keep saying they will email me with updates, they have not admitted to loss and they have opened a case 12th November with an outcome by the 26th of November, this was way too long for my ebay buyer to wait, as it will have nearly been a month, I have refunded the buyer, the parcel was uninsured so what can I do to get a refund. I was ripped off on the postage anyway as I wasn't given the cheapest quote, but I've read somewhere they have a duty of care to deliver it within 30 days, do I have any leg to stand on?

parcel2go are only the middlemen, they resell courier services often (but not always) at a lower rate and just build a whole new level of trouble in when something goes wrong. I don't know why they ever told you they would look for the parcel as they never even saw it , it would have been entirely dealt with by MyHermes with whom you have no contract, and as you opted not to insure it I can't see parcel2go being in the slightest bit interested.

Having said that I am sure a once saw someone on here post that they had gone to small claims to recover the value of the loss and won, but I suspect that is probably a very long shot.

As for the not being given the cheapest rate, you would have been offered all the rates available via parcel2go at the time you asked, they would not have hidden anything from you. Those rates though might not nessarily be better than those offered direct from the courier as there are deals out there via Shutl or on the websites if you look that parcel2go won't have access to.

Pulsarlaser

I'm in a similar situation having booked a drop off with Hermes (via Parcel2Go) with only basic £20 cover.
The parcel was scanned onto the Hermes system via the drop-off point & then hub to the local depot where it dissapeared- no delivery attempt was made and then I got Hermes to confirm they had searched the depot and it was lost- so, as far as they are concerned, the matter is now 'closed'.
I was returning a DVD player to the seller for a refund oif £150 which I won't receive if the goods aren't returned to him- I have paypal & sellers receipts confirming the value and the payment.
Is there no legal duty of care or service contract that can require them to pay for their inability to fulfil their part of this contract that I had paid for and proven value of goods that they have 'lost'?
As far as I understand it, underdeclaring insurance means that the insurance cover will be limited to that amount, however the contract between the paying customer and the handling company (P2G in this case- as brokers) should be upheld legally and not limited by their own T's & C's which they use to hide behind.
Surely a £25 small claims action would determine this fact and therefore be worthwhile, since I paid for a service and they not only didn't fulfil their part but also lost the goods that had been entrusted to them in good faith?

forgotmyname

Why did you send a £150 item with just £20 insurance?

If you take them to court they will agree they failed to deliver your item which was valued at less than £25 because thats all you valued it as for the insurance.
If it had a greater value you would have purchased insurance.

Have you not claimed your ebay fees back?

If you returned the item to a seller and they paid the postage then thats their problem, ebay should refund you once its on their system.

I returned an item (only a £5 one). I got a message from ebay noting i had dropped it off of the postoffice and a refund an day or 2 later.

Pulsarlaser

This was not an ebay but a private transaction.
I didn't see an increase insurance option available when booking the courier and in any case insurance should not be a requirement for a service as its just a safety net that will pay out in order to avoid the complication of getting the liability settled- as I am now facing since they will attempt to hide behind this; however, the fact is that a legal contract has been breached by the courier and the value of the goods they have lost is provable.
Therefore, surely as this is a clear breach with the value of goods provable this should be upheld in a court hearing as the facts are straightforward- insurance is purely a separate resource?

forgotmyname

On their main page....
FREE £20 parcel cover included as standard on ALL parcels.

and
*Parcels over £50 will have signature on delivery automatically added. Parcels under £50 can have a signature on delivery added for 80p


With a list of additional cover prices.

Up to £20 FREE
Up to £30 30p
Up to £40 60p
Up to £50 90p
Up to £60 £1.80
Up to £70 £1.90
Up to £150 £4.50
Up to £300 £10.50

Covers..

• Loss
• Parcel damage
• Extra security (whatever that is??)

RFW

Pulsarlaser wrote: »

Therefore, surely as this is a clear breach with the value of goods provable this should be upheld in a court hearing as the facts are straightforward- insurance is purely a separate resource?

How are the value of goods provable? There's only your word that it was a DVD player and that it was at the value you say. Also if the court does accept that it was a DVD the value is then in dispute. Why were you returning it? If it was faulty or not as described then the value is less than you would have been refunded and you'd need to pursue the seller for the difference. Can you also prove that the parcel was sufficiently packed and labelled?


I'd say you should get the price of postage back and badger them on Twitter for more than that. A court claim could cost you more money (or may well just result in a full refund, if they can't be bothered to defend), but is certainly a gamble.

the_lunatic_is_in_my_head

Parcel2Go doesn't (and can't) sell insurance as they are not regulated, they sell "parcel cover", not taking this cover doesn't exclude them from negligence regardless of the value of cover you choose.

The questions is whether Hermes have acted without due care and I would assume a parcel going missing would be classed as the usual course of business.

If the player was delivered like a pancake with tyre marks from a truck flattening it then you'd be in a far better position to argue.

Simply put the level of cover does not automatically mean no refund due but there are probably very few examples where something going wrong would be class as negligence.

Pulsarlaser

How are the value of goods provable? There's only your word that it was a DVD player and that it was at the value you say. Also if the court does accept that it was a DVD the value is then in dispute. Why were you returning it?
I have the advert for the item with the delivery / contact details on it and texts between us confirming the return and receipt from the seller with the serial number on it, with his original proof of postage to me and my PayPal transaction to him as a business purchase with the item noted against the payment so I can prove what it was and how much I paid for it- other similar items are being advertised for more than this too.
I had to return it as I ordered it by mistake since I was upgrading mine to the next level and when his arrived I realised it was exactly the same model as mine.
i understand that items go missing which is why they company should have their own cover for this- it shouldn't be a pre-requisite that if you don't add extra insurance cover you cant expect a duty of care and responsibility from them when handling your property- if you pay for a service there is a contract in place and if they breach it by losing it whilst within their system they should expect to have to reimburse the customer to the proven value of the item- with or without insurance.

RFW

Pulsarlaser wrote: »

I have the advert for the item with the delivery / contact details on it and texts between us confirming the return and receipt from the seller with the serial number on it, with his original proof of postage to me and my PayPal transaction to him as a business purchase with the item noted against the payment so I can prove what it was and how much I paid for it- other similar items are being advertised for more than this too.

None of which is proof of the contents or value of the parcel.

Pulsarlaser wrote: »

i understand that items go missing which is why they company should have their own cover for this- it shouldn't be a pre-requisite that if you don't add extra insurance cover you cant expect a duty of care and responsibility from them when handling your property- if you pay for a service there is a contract in place and if they breach it by losing it whilst within their system they should expect to have to reimburse the customer to the proven value of the item- with or without insurance.

Their duty of care is to a certain level, perhaps if you pay more for added insurance their care level increases. If they think they have something worth a couple of quid they'll bounce it round their depot and bung it over a garden wall. Again you haven't proof of the value of the item, just what you say was in the parcel and its working value. Presumably this is a used DVD player, it's certainly an old one from your previous comments.

Tweet Parcel2Go and Hermes and ask what they're going to do about the parcel they lost through their own incompetence. See what happens next. You'll get some response, either a part refund or a discovery of your parcel, if they don't keep Tweeting or try them on Facebook.

the_lunatic_is_in_my_head

RFW wrote: »

None of which is proof of the contents or value of the parcel.

You could apply that to any claim for any parcel, ultimately it would be a case of what is reasonable and what the poster has as proof is reasonable. If it were a damage claim there could be doubt but it's unlikely someone would send something via post or courier on the off chance it would be lost so they can then put in an iffy claim.

RFW wrote: »

Their duty of care is to a certain level, perhaps if you pay more for added insurance their care level increases. If they think they have something worth a couple of quid they'll bounce it round their depot and bung it over a garden wall.

Highly doubtful in this case, I would assume Parcel2Go keep the funds for their parcel cover and pay any claims out of their pocket rather than the individual couriers.

If you pay for a service like Special Delivery with Royal Mail then yes they appear to generally take greater care of the parcels.