Hello,

I despatched a parcel to Germany via DHL through Parcelbroker. The customer contacted me roughly 3 weeks after despatch to say the parcel had not turned up. I contacted DHL who took about another 10 days to try to trace the parcel and confirmed it was missing. I then put in a claim to Parcelbroker who have rejected the claim because it was after 12 days from collection. I insured the parcel for sale price.

This seems quite unfair that they can do this as it takes time to deliver abroad and even longer to try and trace it. Is there anything I can do about this?

This is very straightforward. They are completely in the wrong and in fact they are acting unfairly by trying to impose an unfair and unenforceable term on their customers.

Any delay in informing them of the problem has had no bearing on the fact that they've lost it and that they have breached their contract.

I wouldn't waste any time. I would send them a 14 day letter of claim and then issue the court proceedings for the full amount, plus the delivery cost plus interest. The chances of you winning are better than 95%. The chances that they will stop being stupid and put their hands up to avoid any further costs are better than 85%. However, if they decide to call your bluff then you would have to pay a hearing fee to go into court – but you would get a judgement in your favour that we would be happy to put up here and you could publish elsewhere on the Internet so that people can see what a cheapskate little company this really is.

Bring a small claim in the County Court is extremely easy and we will be pleased to help you.

By the way, what is the value of the parcel and how much did you pay for the delivery?

I've just checked, and they say that they are a delivery comparison site. Did you pay them the money? Or did you paid directly to DHL? Conceivably they might try to say that it's nothing to do with them because she did not make a contract with them. Please let us know what the arrangements are.

1 June 2018

I've had a further look at their terms and conditions and in fact I see that they aren't really a comparison site. They say that they choose the cheapest courier service that they then commissioned the delivery using their own account.

They are clearly acting as a middleman and they are buying the service and then selling it on to customers

Thankyou for your quick response, I will send them a letter of claim tomorrow.

To confirm, I paid Parcelbroker the money - they are the same service as parcel2go etc.

The parcel sold for £185 which is what I insured it for. Delivery cost to Germany was £22.14

Fine. Before you send the letter, make sure that you are intent on following through with your threat. There is no point in sending the letter if you don't want to follow through. They will call your bluff until they receive the court papers. They may even try to call your bluff until they know that you have paid the claim fee. Once that happens, it is most unlikely that they will take you into court.

Are you a business or are you a private consumer?

I am sole trader.

I have tried to contact them again before writing an LBA but they have not bothered to respond so writing an LBA now.

Is this acceptable for an LBA? (I have removed personal details)

"I have not received a response to my email sent on the 6th of April 2018 requesting payment for the parcel lost in post.

I am writing to you again to request a refund of £109.20 for the Racal 1998 plus £20 for PAT test, clean and repair as well as refund for delivery cost to Germany of £22.14 (including insurance coverage). I believe I am due this money because you breached the contract through loss of the parcel.

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree."

Should I mention how the 12 day policy is unfair?

This is not a letter of claim.

Edit: I mean consequential loss not consequential cost

Sorry for weird posting, tried to edit but thought it would add to end of message and can't now edit as past 10 minute rule. So lets try again.

After sending an LBA, Parcelbroker got back to me and have accused me of breaching the contract by directly contacting DHL customer services instead of going through PB.

They have also offered a 'gesture of good will' payment of £102 which is the cost of the item but does not include lot surcharge, PAT test, calibration etc because they consider that a 'consequential loss'

There has also been no offer of paying back delivery cost but they have said

"Please note that shipping charges will be processed on a separate transaction upon acceptance of this return claim statement."

Where do I stand with this?

Should I just accept the offer or can I try to get back the 'consequential losses' and delivery cost?

B2B contracts allow for such losses as standand but did you mention anything baout this in your discussions with them before agreeing to use their service? if not then they cnat be held liable for such losses or costs

Please will you post up your letter of claim in PDF format. Please also will you post up the messages they have sent you in which they deny will dispute liability.

Can you tell us more about the items which you sent. Why does it need all these PAT-tests and calibration et cetera? Did you declare the nature of the item when you are sending it?

When did you incur these tests and calibration et cetera costs.

Here are Parcel Brokers terms and conditions https://parcelbroker.co.uk/terms/