Lost Parcel

Ergates

tinalouise69 said:

ThumbRemote said:

tinalouise69 said:

The seller states they have a 5 day policy to report a lost item. We didn't know this. 

The seller doesn't seem to even know their own terms and conditions. 

The five days refers to SELLING to MPB, not buying from them. "Where you have used the MPB approved courier service and in the unlikely event that your package is lost or damaged in transit to MPB then you must notify MPB within 5 calendar days from the date of dispatch so that MPB can open an investigation into the circumstances. "

Section 8 refers to purchases from them, and has no mention of a 5-day limitation. 

In the terms I've just read that MPB will not be liable for any loss. Does this mean they won't issue refund. Where do I stand under the consumer act. Thanks x

If you are *selling* to them, and you arranged the delivery and the parcel went missing, then they wouldn't be liable for the loss.

If you're *buying* from them, and they arrange the delivery and the parcel goes missing, then they are liable.

Undervalued

Ergates said:

tinalouise69 said:

ThumbRemote said:

tinalouise69 said:

The seller states they have a 5 day policy to report a lost item. We didn't know this. 

The seller doesn't seem to even know their own terms and conditions. 

The five days refers to SELLING to MPB, not buying from them. "Where you have used the MPB approved courier service and in the unlikely event that your package is lost or damaged in transit to MPB then you must notify MPB within 5 calendar days from the date of dispatch so that MPB can open an investigation into the circumstances. "

Section 8 refers to purchases from them, and has no mention of a 5-day limitation. 

In the terms I've just read that MPB will not be liable for any loss. Does this mean they won't issue refund. Where do I stand under the consumer act. Thanks x

If you are *selling* to them, and you arranged the delivery and the parcel went missing, then they wouldn't be liable for the loss.

If you're *buying* from them, and they arrange the delivery and the parcel goes missing, then they are liable.

Indeed but that is not how this firm's system works. If you are selling / trading in they arrange collection or provide pre paid labels for the seller to drop off at the nearest point. Providing you do that they say that it is fully insured for the agree buying price, not just the carrier's normal limit. With much of the kit they buy and sell parcels can be worth many hundreds or even thousands of pounds. 

I am not saying they are perfect, nobody is. However they are probably the largest player in this market, buying and selling hundreds of items each day. I have used them many times and know lots of other people who have too without issue. That is why I was so surprised to read of the OP's issue here. Hopefully it will be resolved swiftly.

Okell

Undervalued said:

tinalouise69 said:

born_again said:

Who is this company?
Safe to name them & link to their website 👍

The company is called MPB. They buy and sell photography stuff x

On the whole they have a very good reputation in their field. It sounds as if some confusion has arisen, maybe an inexperienced member of staff?

The law is very clear that that seller is responsible for any losses in shipping and basically if they cannot prove delivery you are entitled to a full refund...

Or I'm wondering if the OP's husband has clearly explained to MPB's staff what has happened?

@tinalouise69 -  the law others have referred to and which your husband needs to quote to MPB is contained in the Consumer Rights Act 2015:



s29(2) "... The goods remain at the trader's risk until they come into the physical possession of—

(a)the consumer... " and 

s31  "(1)  A term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader's liability arising under any of these provisions...

... (k)section 29 (passing of risk)."

[Edit:  What s29(2) means is that until MPB deliver the goods to your husband then MPB are responsible for them, not your husband.  If Evri have lost them then MPB need to take it up with Evri, but MPB must replace your husband's goods or refund him.

What s31 means is that MPB can't get out of their legal obligations under s 29(2) ] 

tinalouise69

Thank you all for your messages. It looks like now that the parcel was scanned this morning and it is now been processed at a hub. So it's not lost as evri did say. Still got to arrive though x

Ergates

Undervalued said:

Ergates said:

tinalouise69 said:

ThumbRemote said:

tinalouise69 said:

The seller states they have a 5 day policy to report a lost item. We didn't know this. 

The seller doesn't seem to even know their own terms and conditions. 

The five days refers to SELLING to MPB, not buying from them. "Where you have used the MPB approved courier service and in the unlikely event that your package is lost or damaged in transit to MPB then you must notify MPB within 5 calendar days from the date of dispatch so that MPB can open an investigation into the circumstances. "

Section 8 refers to purchases from them, and has no mention of a 5-day limitation. 

In the terms I've just read that MPB will not be liable for any loss. Does this mean they won't issue refund. Where do I stand under the consumer act. Thanks x

If you are *selling* to them, and you arranged the delivery and the parcel went missing, then they wouldn't be liable for the loss.

If you're *buying* from them, and they arrange the delivery and the parcel goes missing, then they are liable.

Indeed but that is not how this firm's system works. If you are selling / trading in they arrange collection or provide pre paid labels for the seller to drop off at the nearest point. Providing you do that they say that it is fully insured for the agree buying price, not just the carrier's normal limit. With much of the kit they buy and sell parcels can be worth many hundreds or even thousands of pounds. 

I am not saying they are perfect, nobody is. However they are probably the largest player in this market, buying and selling hundreds of items each day. I have used them many times and know lots of other people who have too without issue. That is why I was so surprised to read of the OP's issue here. Hopefully it will be resolved swiftly.

Sounds like either a confused (new?) member of staff or a communication breakdown then.

DullGreyGuy

tinalouise69 said:

Thank you all for your messages. It looks like now that the parcel was scanned this morning and it is now been processed at a hub. So it's not lost as evri did say. Still got to arrive though x

This is the problem, proving the absence of something is exceptionally difficult, it tends to be an assumption its lost because its not where it should be but ultimately if you look hard enough you tend to find out what's happened to a reasonable proportion of lost things. 

Its happened multiple times to me with multiple couriers, they normally turn up eventually. Obv a very different matter where it's marked as delivered but you dont have it. 

Undervalued said:
I am not saying they are perfect, nobody is. However they are probably the largest player in this market, buying and selling hundreds of items each day. I have used them many times and know lots of other people who have too without issue. That is why I was so surprised to read of the OP's issue here. Hopefully it will be resolved swiftly.

Used them multiple time and agree generally good. They did claim one item I was selling had a problem so sent it off to a repair agent who deemed in uneconomical to repair so MBP were to return the item to me but it got lost for a couple of weeks between their agent and themselves but then again did eventually turn up and was returned to me in the condition I'd sent it. 

DullGreyGuy

Undervalued said:
 I am surprised to hear that they are using Evri (??) I thought they always used another courier, both for collections and deliveries, who have / had a better reputation? That said, none of these services are perfect.

They're all much of a muchness as far as I'm concerned.  UPS are still telling me they are going to be delivering me a parcel today between 10am and 1pm, looking at the scans it left India 6pm yesterday, never arrived in Germany but did leave the Koeln airport at 03:32 this morning but arrived in Stansted at 03:39 - thats one quick plane!

Similarly had a DHL parcel a couple of years ago that was going to Paris, for 3 days the scans were alternating between "out for delivery, returned to depot as received shut or refused parcel" etc and scans saying it was still being held at East Midlands Airport Customs awaiting clarification from the sender. 2 months later it was delivered back to me.