Collectplus - Is this breach of contract?

[industrial_gypsy]

I've recently sent a parcel via their service but it was simply left on the front doorstep of the delivery address and then stolen. Drivers have guidelines for leaving parcels. These guidelines clearly weren't followed on my delivery. The driver left the parcel next to the front door, clearly visible from a public footpath which runs adjacent to a busy main road.

 

The value of the item inside was £112 plus the delivery fee. I have just received a refund of the delivery fee plus £50 as that's all I was covered up to.

 

I accept that I should have increased the cover for this item but have they breached their contract and duty of care in this instance?

 

In the current terms and condition, it clearly states:

 

“We shall supply the Services to You using reasonable care and skill” and “leave the Parcel in a safe place”.

 

Clearly not in this case. The T&Cs also state:

 

We shall be liable for non-compliance with instructions if it is proved that the non-compliance was caused by Our negligence or the negligence of Our employees, agents or Sub-contractors and that the non-compliance has caused You loss.

 

In this case, the negligence of the delivery driver has caused me a net loss of approx. £60. I think it’s reasonable to expect a level of common sense and consideration from the delivery team. Leaving a parcel on the front door step of a house which is next to a public footpath is absurd.

[andydd]

Not sure what you want to hear, the answer is 'maybe', yes it maybe that they didnt use reasonable care, Id guess the only solution would be to pursue legal action, worth it for £60 ?, thats upto you.

 

There have been some other cases like this, but not sure if anyone has actually taken the company to court.

 

How do you know it was left on the front doorstep ?, did they tell you this ?

[industrial_gypsy]

Thanks for the reply. Collectplus asked the driver what he did and then replied as follows:

 

Good evening,

 

Thank you for your patience whilst we have been conducting an interview with our driver regarding your delivery.

 

I can confirm that the driver has advised that the parcel was left by your black front door. The driver has described the house as white with a black front gate as you enter. I would recommend contacting the sender directly as they will be able to issue a refund or replacement.

 

I know this isn't the outcome you wanted but I hope you use our services in the future.

 

Kind regards,

 

Jodie"

[andydd]

Ha.. I like the last part, eerr..no I dont think I'd use again.

 

I think Id take a gamble on starting a court claim, unless the person requested leaving the item by the back door you could argue it wasnt delivered, they didnt take reasonable care, in cases of negligence it could be argued the £50 limit simply doesnt apply (although it does raise questions of when it does and why people should insure but then again they could well argue that you claimed it was worth under £50 and difficult to argue its worth £112 now).

[industrial_gypsy]

Thanks for the advice.

 

I've emailed Philip Marsh at Collectplus asking for his thoughts. I know he's posted on here in the past so I'll update the thread if I get a response direct.

 

I have proof of the value of the item at £112. I would argue that if they'd fulfilled their promises re. delivery then it was a considered risk not to increase the cover. If I'd known that they'd just dump the parcel on a door step then a) I'd never have used them or b) increased the insurance.

[industrial_gypsy]

Response from Collectplus on Trustpilot:

 

You make a very valid point about common-sense, Mr Matthewson,

and we accept that items do from time-to-time get misplaced or damaged in transit

which is why we have our compensation scheme.

 

 

However, we apply it equally and consistently to those customers who submit a claim

and we pay compensation up to the level of cover purchased or the sale price of the item, whichever is the lesser.

Additional cover is available up to £300 for an additional fee of £5.

PhilipM

CollectPlus, Head Office

 

This seems to miss the point completely in my opinion.

[andydd]

Yep but you prob won't get any further unless you do actually pursue legal action.

[ericsbrother]

you will lose a court claim if the company are classed as common carriers and most of them are.

 

 

Reason is down to an obscure decision regarding someone suing royalmail when there was a postal strike

and now all irrelevant cases are judged on that premise and that the carrier has its own disputes

and compensation methods that have to be accepted regardless of how unfair they are.

 

So, if you were offered a banana as recompense then that is all you are entitled to and justice is a banana.

[industrial_gypsy]

Thanks again for the advice.

 

I don't think it's fair that they can break their own terms and conditions during the delivery process

but rigidly adhere to them where the compensation is concerned.

 

 

The point I tried to make on trust pilot was that customers make a considered judgement on insurance

when they place their order based on the terms and conditions on the Collect+ website.

Their driver did not adhere to those T&Cs in this case.

 

 

Nowhere in those T&Cs does it say that "the parcel will be left in an UNSAFE location"

or "handled with NO care or skill" or even "dumped on a public doorstep".

 

 

If the T&Cs did say that then I would have purchased the additional compensation because I'm not that keen on bananas.

[andydd]

I think you'll find they havnt broken the t & c the points you make above are added extra negative terms, you would need to point out specific terms that have been broken also you were asked about a value but chose to value the item lower.

[industrial_gypsy]

Where You purchase a Service and request that the Parcel be delivered to the Consignee, we shall make one attempt to deliver the Parcel to the Relevant Delivery Point. If We are not able to deliver the Parcel, You authorise Us to try and deliver the Parcel to an alternative address close to the Relevant Delivery Point or to leave the Parcel in a safe place

 

The word 'safe' is subjective but can't possibly apply to a front doorstep next to a busy road/footpath?

 

How has this assurance not been broken in this case?

[andydd]

As mentioned above I'm sure there must be relevant case law, if not involving a courier then against Royal Mail, would be interesting to see that as that may make or break any legal action.

 

Remember we are just offering our advice here, the only way you'll get satisfaction is if you start legal action, it's upto you if you think it's worth the risk.

[industrial_gypsy]

I appreciate the advice too.

 

I've submitted a complaint to the CEO and he has replied saying he'll look into the matter.

[silverfox1961]

Hi

Just throwing this out there. I feel this could be a case of unfair contracts and falls foul of the Consumer Rights Act 2015.

 

Where a contract delivers a significant imbalance to the traders favour, this becomes automatically unfair. The problem is that it would need to be tested in court.

 

I have read lots of Terms and Conditions of carriage for courier companies and in their terms they basically ban most things as a get out of paying compensation. Even if their terms were fair, they would still be in breach of their own terms as the courier did not leave the parcel in a safe place.

 

Thoughts?

[andydd]

Hi

Just throwing this out there. I feel this could be a case of unfair contracts and falls foul of the Consumer Rights Act 2015.

 

Where a contract delivers a significant imbalance to the traders favour, this becomes automatically unfair. The problem is that it would need to be tested in court.

 

I have read lots of Terms and Conditions of carriage for courier companies and in their terms they basically ban most things as a get out of paying compensation. Even if their terms were fair, they would still be in breach of their own terms as the courier did not leave the parcel in a safe place.

 

Thoughts?

 

Yes I agree. Some couriers now almost ban anything except they dont, they dont actually refuse to carry them, they just claim that no one can claim compensation but their exclusion list goes way beyond most couriers/royal mail including ANY type of electronic equipment for example. This is nothing to do with sagfety its putrely a commercial decision.

 

But as mentioned above it needs case law or someone to set a precedent, which wouldn't happen in a county court anyway !

[silverfox1961]

Yes I agree. Some couriers now almost ban anything except they dont, they dont actually refuse to carry them, they just claim that no one can claim compensation but their exclusion list goes way beyond most couriers/royal mail including ANY type of electronic equipment for example. This is nothing to do with sagfety its putrely a commercial decision.

 

But as mentioned above it needs case law or someone to set a precedent, which wouldn't happen in a county court anyway !

 

Very true but it would be persuasive in other cases and it may just 'encourage' the CMA to investigate this shady practice.