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Parcelforce negligence


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I suddenly realise, that you've been saying all the time that you paid – not the sender. Who actually organised the delivery? Did you pay parcel force and organise it? Or did you pay the sender and the sender organised it?

 

As far as disclosing the recording is concerned – I've already asked you several times if you have got backup copies and you haven't answered.

 

I think that you should list out the recordings that you have. How many recordings do you have?

 

I would list out on a spreadsheet – time/date/type of recording/between who and who/very brief – 140 character summary of what the recording tells us.

 

Produce a copy of your list here so we can have a look. Then we will see how to get it to them.

 

 

Read post 8 again, Last couple of sentences

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Okay. Nice list.

 

However, I think that you need to take out the stuff about lying. Don't forget, that eventually this might go before a court. Although they may be lies, it will help you if you find another way of expressing it. Even using the word "untrue" is to be preferred.

 

"Played ignorant" – this also should be changed. You need to express yourself in a less accusing and a slightly more distanced way. It needs to appear sober and factual – and not as if you are getting emotionally involved.

 

Please can you put it into a spreadsheet and post the spreadsheet up here. Hopefully it won't go to court – in fact it is unlikely to do so, but you may as well spend time preparing at as if it was. Also, if it is well prepared and presented in a fairly dispassionate way, it will have a far more devastating effect on Parcelforce then the star that you are currently using.

 

Put it into an Excel spreadsheet and post it up here as an attachment and then we can have a look at it.

 

Once again, extremely well done on getting these recordings. We spend a huge amount of time beating our heads against the wall trying to get people to record calls and events – and scarcely anybody ever bothers. Eventually they regret not doing so. This is a great example of how well one can protect oneself by taking simple precautionary measures. If this material had not been recorded then you would be on a hiding to nothing. As it is, you're guaranteed to win your claim and also to get a reasonable sum in compensation. I cannot imagine that Parcelforce will have the slightest enthusiasm for dealing with this in court.

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Hi

I will redo the list but remember that I am using a spreadsheet from Mac. No Exel here.

 

In the mean time, I've received a letter from PF asking me details of the thief:

 

Parcel received?

Item left with a neighbour?

Driver left a card?

Have I made any enquiries to Parcelforce?

 

Do I included the list of phone calls at that moment? Doing that would let them know that i am recording every phone calls.

 

 

Another point.

 

Received a mail from the sender, from PF to him.

I suppose that it it the letter i've received today, above.

 

"They need a depot authorisation request. Apparently that is a letter from whoever you spoke to at the depot stating that they are prepared to compensate fully for the lost laptop. I cannot submit the recording of the telephone conversation. Can you please contact the relevant person, ask them to send you confirmation of the agreement to fully compensate in writing and then send me a photo so I can submit it online as part of the claim. If I do not submit this evidence then they will close the claim."

Parcelforece claim lettersss.jpg

Parcelforece claim letterss.jpg

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Please will you post documents in PDF format. It is difficult for us to deal with JPEG images.

 

Yes, do include the list of phone calls. I don't see any problem with informing them that you are recording phone calls. You've got everything you need now so you might as well let them know the worst!

 

I would suggest that you assist the sender in any way you can. You may as well have as many irons in the fire as possible – I would suggest that you continue independently with your own claim – and especially a claim for some additional compensation. I'm not suggesting here at all that you attempt to get duplicate compensation. You simply keep all your options open.

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Were both of these addressed to you or only the letter?

 

I suggest that you discuss with the sender and make sure that the form makes it clear that the item has been stolen by a Parcelforce employee and that you have corroborative video.

 

However, I suggest that you write to them including the guy who emailed you and tell them that you have clear evidence that the laptop was stolen by their employee, and that furthermore their manager has attempted in a telephone call to try and cover the matter up and also has encourage you to try and track down their employee in order to get the money for the stolen laptop directly.

 

Tell them you have a full set of recordings including videos and also all phone calls have been recorded. Tell them that entire list of the recordings including notes as to what each one contains is included on the attached sheet.

 

Tell them that they should have no doubt that you hold them absolutely liable for the theft of the laptop and also in view of the time and trouble you have been put to, you are seeking compensation – £150 (if this is what you want) plus the delivery costs which were funded by you.

 

Tell them that you are looking to a trouble-free full settlement and that if it is not made to you in full within 14 days that you will start legal action against them for breach of contract and also for negligence and without further notice.

 

Tell them that you are not interested in their procedures or in their contractual term which purports to exclude liability to 3rd parties. Tell them that the fact that there has been a wrongdoing by their employee compounded by further wrongdoing by the manager you dealt with on the phone has now vitiated their exclusions and you are holding them liable directly.

 

Send this letter – as long as you are prepared to issue a small claim on the 14th day. If you are not then you will have to go through their procedures. Also, I have in mind that rather suing them in contract, you may sue them in conversion which is basically the act of treating your property as their own. I think that this might be a better bet. Where I have suggested that you threaten them with an action for negligence in your letter, threaten them with an action for conversion.

 

Have a look at conversion in Google. You should be looking at the Torts (Interference with Goods) Act. It should be a fairly straightforward small claim.

 

If they try to come and heavy with you think just go ahead and issue the claim. Once they get the papers they will bottle out. If they don't bottle out then you will win.

 

Would you be interested in talking to the media about this?

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Update.

In the middle of the night I have received an email from Paypal explaining that they have concluded their investigation into my case and have decided in my favour.

 

They were able to recover the money paid and it has been credited to me...

 

I called them and ask from where is the money coming from?

The seller.

The item was never received.

 

Now it does, I suppose, change my approach to Parcelforce regarding compensation for time, trouble and aggravation.

I still intend to be compensated.

How should I approach it?

Still write a letter of complain with the list of phone calls?

Thanks

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Well that reduces the problem. It may also reduce the amount of compensation you can reasonably ask for.

 

I take it now that the seller is out of pocket. I suggest that you call him and suggest that he come to this thread and joins in

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Update.

In the middle of the night I have received an email from Paypal explaining that they have concluded their investigation into my case and have decided in my favour.

 

They were able to recover the money paid and it has been credited to me...

 

I called them and ask from where is the money coming from?

The seller.

The item was never received.

 

Now it does, I suppose, change my approach to Parcelforce regarding compensation for time, trouble and aggravation.

I still intend to be compensated.

How should I approach it?

Still write a letter of complain with the list of phone calls?

Thanks

 

You didn't lose anything and officially you didn't have a contract with Parcelforce.

I bet they'll stop communicating with you as soon as the seller puts his claim through.

Imo you should do the right thing and provide the seller with all the evidence you have, so he won't be out of pocket.

The delivery driver seems to have been sacked by what Parcelforce wrote to you.

This rubbish happens in this day and age unfortunately, we can't profit from it every time.

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  • 7 months later...

Hi There

 

As a seller going through a damaged parcel claim right now I can confirm a few things for this thread if its still live:

 

1. The seller must be the one that sorts the claim out. For you it should be quite easy. Simply tell the seller the parcel has not arrived and don't pay or ask for a refund. That's the law. If on Ebay, then log a case and then make sure Ebay know that you expressly did not sign for the parcel and show them the evidences of that. In fact Ebay have a pretty good phone support now in the UK so talk to them, they're pretty reasonable these days especially for buyers. Payla is a different story but Ebay are OK if you make the effort to get in touch with a real person.

 

2. Definitely give everything you have to the seller, he/she will need it to build their case. They will probably go through the same dance as we all have on here, ultimately delaying having to pay them out, but they will need every bit of help for their small claim if they choose to do that.

 

It would be great to see any results/conclusions on here?

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