Parcel2Go lost parcel, will not refund cost of item

[jacktheband]

In mid July i sent a parcel via Parcel2Go. Have used them before and had no probs. This time i was sending a child's fancy dress costume back to a company as we had bought it but it hadn't fit, so it was a simple return. The item cost £30 (which we would be getting a refund for once returned). The courier fees were £4.02 (i did not chose to pay for the extra compensation cover - as i refuse to pay compensation to cover myself against the company not doing what i am paying them for). It was using My Hermes (via Parcels2Go).

 

A week later we were contacted by Parcels2Go to say that the packaging was damaged, what should they do. I asked them to continue with delivery as hopefully the item wouldn't be damaged. We let the company we were returning the item to know that the packaging has been damaged and to inspect the item before signing for it, and to reject it if the item was no good.

 

A few weeks later we had still not heard more. I asked on Parcel2Go live chat and again reiterated that i want the delivery to be attempted. Nothing further happened for a few days (i was following the tracking info online). I contacted them again via live chat and they confirmed that the item had been lost and to initiate a claim. I raised the claim for £34.04. Only £4.04 has been refunded. They are rejecting my claim for the cost of the lost item (£30) as i did not take out their extra insurance.

 

I have spoken to them via live chat today to complain. I was told that they were not liable for the lost item as i did not take out their additional insurance. I asked to escalate and spoke to someone else via live chat who reiterated the same thing. I asked for their full complaints procedure and was given an email address which they say is the last step in the complaints procedure and they will issue a final decision (and they have reiterated a few times that they will 'just say the same thing that i have been already told').

 

Although it is only £30, i am willing to stand up for my rights and demand compensation for them losing my property. They have referred to Ts&Cs 6.7 "If we are liable to you for any reason, we shall (subject always to clause 7) only be liable to refund to you the cost paid for the Service(s), unless you have purchased compensation cover for your Consignment from us. " Can i have anyone's thoughts on their liability to compensate me for lost goods in this situation?

[obiter dictum]

Just having a punt on this so do not take as Gospel

 

A companies terms and conditions cannot diminish you Statutory rights. That being the Consumer Rights Act. This is simply a duty of care issue that they have contravened. You have a contract with thm when they agreed carriage at a price. I can see no reason why a letter before action and a civil claim cannot be successful. But wait for a definitive answer.

Edited August 22, 2016 by obiter dictum

[silverfox1961]

Hi

This is happening more and more and the courier companies are citing their terms and conditions as being final. this is not true. You paid them to do a service and entrusted goods for which you have paid into their care by paying £4.04. You have suffered a loss therefore Parcel2go are responsible to recompense you for that loss. They can chase MyHermes for their loss if they choose but that is not your problem.

 

I would suggest you send a written Letter Before Action giving them 14 days to respond and after that, take them to court. These companies do not want their terms and conditions tested for fairness in the courts so would likely pay out before a court case but after court documents are issued.

 

If you don't intend to follow through with court action then drop it and accept the status quo.

 

In my opinion, you have a greater than 90% chance of getting your money back this way than any other. I think Bankfodder (if he sees this) will agree with me.

[aburobert]

Read through this thread which will give you a good idea how to deal with this and how the courier companies tend to respond to such claims.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?456708-Hermes-Extra-Charges-but-lost-Item

 

I concur with Silverfox that you have a more than 90% likelihood of winning but it very much depends on your determination to carry things through until you win or are satisfied by the compensation given. Do not issue warnings or threats though unless you intend to carry through as these companies rely on most giving up and will think you are pure bluff and bluster.