Rights when Posting Items to MusicMagpie (Tech trade in company)

DP01962

Hi, has anyone else had an issue with the way musicMagpie  (Tech trade in company) seem to lose packages that you send via there Royal Mail postage process.

Music Magpie send you a Royal mail postage label, you take it to post office and get a tracking receipt.  The royal mail web site confirms it was delivered so you think all is fine and that the device has been successfully delivered. You then get told my music magpie that it’s sent to a distribution centre (your tracking receipt) and it’s then sent from the distribution centre to Music magpie but the tracking stops so you just get told it didn’t arrive. As they pay for the postage Royal mail will not give you any information so you're left with a confirmation from Royal Mail saying it was delivered but musicMagpie telling you that it didn’t arrive.

It’s so misleading, because when I took the package to Royal mail, they say it’s tracked so I’m assuming it’s tracked from the post office to Music magpie.  If I knew it was going to sit in a distribution centre and then get posted onwards without any visibility I would have opted for the full insurance as it’s much more likely to go missing. 

So Music magpie have paid me the £150 insurance amount for a missing item, but are they not liable for the full value of the item I sent as my tracking receipt says it's been delivered. (it was a £550 iPhone 13pro)  I have now gone through there terms and conditions in more detail and can see there is a  clause saying “you agree they can choose any delivery method they like” but surely it’s against some consumer rights law to be so misleading? 

Do I have any grounds to raise it with an Ombudsman or small claims court or am I just going to have to learn not to send anything in the post without knowing it’s sent directly without full insurance in future?

Any advice would be welcome.

Thanks

David

 

born_again

There is no Ombudsman that would cover this.

Small claims should have a good case, given item sent to where they wanted. The fact it is lost after posting on, is not your fault, that is theirs.

But I would be getting the IMEI blocked as a stolen phone. Since they are saying it's lost.

HillStreetBlues

What method of payment did you use?
Is it musicMagpie that sells the goods? and is that who you pay?

sheramber

HillStreetBlues said:

What method of payment did you use?
Is it musicMagpie that sells the goods? and is that who you pay?

I think the OP was selling his phone to Music Magpie.

HillStreetBlues

As previously  suggested by born_again small claims court is the way to go.
They have a duty of care with your item any T&Cs don't overrule that.
You have proof that it was delivered to the address they provided, so they lost it, they pay for it.

DP01962

Thanks, I didn't pay anything - It's a strange situation where I was selling the phone to them so I'm the seller and they are the buyer.  Normally the seller would pay for the postage, but on this arrangement they (The buyer) pay for the postage.

The two conditions below in the contract would suggest they have done nothing wrong according to the terms.  But it just feel wrong that they can create this 2 stage delivery process that misleads you into thinking it's being tracked all the way, and you're left with a recipe saying it was delivered.  They told me to deliver it to that address and it was successfully delivered.  After that you would think it's their responsibility if they want to add unnecessary extra delivery methods!

Just conscious that a small claims court can cost £300 ish if you loose but it feel worth it just to keep them honest.


12.1 When you send your order using any of the Delivery Services detailed in these Terms and Conditions, your order will be insured up to the amount of £150. This means that once your Package has been accepted at the Hermes ParcelShop, your local Post Office, an ASDA toyou location, or by a third party courier, the Items included in the Package are insured up to the value of £150.

10.5        You acknowledge and agree that we shall have complete discretion as to the method of transport and route of any Package.

tightauldgit

Since MM sent the postage label, RM was acting on their behalf and it was delivered to MM the moment Royal Mail collected it. What they then did with it is their responsibility. The fact you can show it made it to their distribution centre is more evidence in your favour. 

I don't think the insurance is relevant since the courier hasn't lost the item and they aren't saying it arrived damaged. In any case I don't think that they can simply say your £500 item is only insured for £150 and you can like it or lump it. It certainly sounds to me like something a court wouldn't enjoy hearing. 

DP01962

This is there response.

They are claiming that it was lost in post.  (This would be between the distribution centre and the Warehouse!!) - They won't provide any details of the investigation as it commercially sensitive !!

"When an item does not arrive with us, our Claims Department reached out to the courier to investigate further. We confirmed to the courier that this was not delivered to the warehouse and this was declared Lost in Post. As this was confirmed, a claim was submitted for the value of £150.00 and this value was then processed to your chosen payment method. 
 
We understand your frustrations however we can assure you that we are not in possession of your device. We place a block to the devices we don't receive and we highly advise you to contact the original retailer to do so also. As you will be aware, blocked devices cannot be used or resold.

pinkshoes

Was there no option for a higher insurance value?

They seem to lose an awful lot of phones if you type "Music Magpie lost phone" into google! 

Some people have had success getting a pay out for the full value after they've left a very poor review on TrustPilot.

Your option now is to send a "Letter Before Action" stating:

"On X date I posted my XXX Phone to you with an agreed price of £XXX. Royal Mail tracking states that it was delivered on  <date> to the location given on the postage label that you supplied. I appreciate you have subsequently managed to lose the phone within your own system but this will need to be claimed via your own insurance. The phone was delivered successfully to you, which you have already confirmed, so I look forward to receiving the £XXX that you now owe me. If I do not receive this payment within 14 days I will be starting court action against you, where you will then also become liable for any associated court fees".

I bet your phone will then mysteriously turn up, and they'll then claim it's damaged and lower the value!

ZA2710

DP01962 said:

Hi, has anyone else had an issue with the way musicMagpie  (Tech trade in company) seem to lose packages that you send via there Royal Mail postage process.

Music Magpie send you a Royal mail postage label, you take it to post office and get a tracking receipt.  The royal mail web site confirms it was delivered so you think all is fine and that the device has been successfully delivered. You then get told my music magpie that it’s sent to a distribution centre (your tracking receipt) and it’s then sent from the distribution centre to Music magpie but the tracking stops so you just get told it didn’t arrive. As they pay for the postage Royal mail will not give you any information so you're left with a confirmation from Royal Mail saying it was delivered but musicMagpie telling you that it didn’t arrive.

It’s so misleading, because when I took the package to Royal mail, they say it’s tracked so I’m assuming it’s tracked from the post office to Music magpie.  If I knew it was going to sit in a distribution centre and then get posted onwards without any visibility I would have opted for the full insurance as it’s much more likely to go missing. 

So Music magpie have paid me the £150 insurance amount for a missing item, but are they not liable for the full value of the item I sent as my tracking receipt says it's been delivered. (it was a £550 iPhone 13pro)  I have now gone through there terms and conditions in more detail and can see there is a  clause saying “you agree they can choose any delivery method they like” but surely it’s against some consumer rights law to be so misleading? 

Do I have any grounds to raise it with an Ombudsman or small claims court or am I just going to have to learn not to send anything in the post without knowing it’s sent directly without full insurance in future?

Any advice would be welcome.

Thanks

David

 

Hi,

Have you had any luck taking them to small claims or getting paid for your phone? I am in the same situation and am thinking of making a small claims court against them. 

RefluentBeans

Was the address for delivery the distro centre? If so it seems unimportant to you if they lose it after its in their care. If you return something to Argos and they accept it at their store, they can’t ask for your money back if the lose it from the store to the warehouse. In the same way you can’t say to Argos that you were bought an online order for your parents, the order arrived to you fine, but you lost it when you were taking it to your parents house. 

It seems these terms are definitely unfair and seems like small claims would be the best way if they’re not negotiating any more. If they offered £400 out of the £550 quote I could see why you may not want to risk it not going your favour zx but when it’s so different I think it’s almost certainly worth it.