Parcelforce damaged item

Hendrix100

Hi, needing some CRA advice! 

I used Parcelforce Worldwide to return some bathroom items to Victorian Plumbing. Victorian Plumbing have refused to pay for one item, a shower tray, as it was damaged in transit. I submitted a claim to Parcelforce but they refused it because their t&c say that resin items are not covered. They also refuse to refund postage costs.

I’ve appealed to their claims department but they just repeat that this is in their t&c. It seems wholly unreasonable to me that they could basically just take an item from me, damage it and then refuse to even pay me back for the postage.

can I do anything here?

Mark_d

I don't think you can do anything.  Their T&Cs clearly state what items are excluded from compensation claims.

Before becoming aware of the need to read  the T&Cs, I had sent tickets (another excluded items).  The tickets somehow "disappeared" and there was nothing I could do.

MattMattMattUK

Hendrix100 said:

Hi, needing some CRA advice! 

I used Parcelforce Worldwide to return some bathroom items to Victorian Plumbing. Victorian Plumbing have refused to pay for one item, a shower tray, as it was damaged in transit. I submitted a claim to Parcelforce but they refused it because their t&c say that resin items are not covered. They also refuse to refund postage costs.

I’ve appealed to their claims department but they just repeat that this is in their t&c. It seems wholly unreasonable to me that they could basically just take an item from me, damage it and then refuse to even pay me back for the postage.

can I do anything here?

Largely no, because you sent an item which they have specifically stated that they are not willing to carry. Some will argue that they have a duty of care, and they do, but it has to be reasonable. They delivered the package and that was what they did, they exclude specific items because they have decided that they cannot carry them safely, you chose to ignore than and so the cost falls on you.

DullGreyGuy

MattMattMattUK said:

Hendrix100 said:

Hi, needing some CRA advice! 

I used Parcelforce Worldwide to return some bathroom items to Victorian Plumbing. Victorian Plumbing have refused to pay for one item, a shower tray, as it was damaged in transit. I submitted a claim to Parcelforce but they refused it because their t&c say that resin items are not covered. They also refuse to refund postage costs.

I’ve appealed to their claims department but they just repeat that this is in their t&c. It seems wholly unreasonable to me that they could basically just take an item from me, damage it and then refuse to even pay me back for the postage.

can I do anything here?

Largely no, because you sent an item which they have specifically stated that they are not willing to carry. Some will argue that they have a duty of care, and they do, but it has to be reasonable. They delivered the package and that was what they did, they exclude specific items because they have decided that they cannot carry them safely, you chose to ignore than and so the cost falls on you.

Being unwilling to carry and excluding it from damage cover are two separate things... the OP hasn't stated that you cannot send resin items via PF just they are excluded from damage cover (but are covered for loss).

It would be a more interesting debate, given how the Parcel Force website works, if they had sent a prohibited item like fireworks, as you have to state the item and check the box that you understand the prohibited and excluded for compensation items (resin is excluded not prohibited). The system does allow you to state your sending fireworks and order the service... are they doing what they reasonable can given the clear statement of what's being sent? - an obvious digression to the OP's question.

the_lunatic_is_in_my_head

Have Victorian Plumbing sent you any evidence of the damage?

Looking at their terms on cancellation I'm not sure they comply with the regs and would be sending an email stating you are exercising the right to cancel the contract, noting the only possible deduction is for handling of the goods beyond what is necessary to establish the nature, characteristics and functioning of the goods yet as their terms attempt to link the right of cancellation to the condition of the goods Section 34, paragraph (11) applies and a full refund is due.

They are unlikely to agree, should they not for the cost of a stamp I'd send a letter before action and hope they give in. 

Not sure why such a big company can't write simple terms that comply with the regs to cover themselves.... 

ArbitraryRandom

Also, just to be clear, who picked parcel force and what was the basis for the return?