Impending parcel2go claim - advice please = **Resolved**

[thereverend]

Hello everyone

 

I've just joined this forum having stumbled across it last week. I was doing some research on Parcel2go and came across a host of useful links, the lion's share of them on here.

 

I have read much of the excellent advice from the likes of BankFodder but am after a bit of clarification as to where I stand.

 

I returned a smartphone to an address in China 5 weeks ago. It hasn't turned up. Parcel2go have opened up an investigation and have asked me to wait 14 working days.

 

The 14 days are up soon. I'm fully expecting them to confirm that the item is lost so I want to prepare myself.

 

I "insured" the phone for its full amount. I have proof of that the item is worth what I said but I have now checked Parcel2go's "prohibited items" list, which of course includes smartphones. I suppose I was a bit daft to entrust them with my property but I'm pretty sure there was nothing to alert me of this list when I entered the content's description on the form.

 

On account of this list, I would imagine that Parcel2go will claim they are not liable etc etc.

 

Question: what's my best course of action? Should I claim ignorance of the fact that I didn't know that my item was on their "prohibited items" list? I'm envisaging a long drawn-out process!

 

Thanks in advance for any advice - and apologies if this has been covered elsewhere. I'm not being lazy, I'm just trying to get my ducks in a row.

[BankFodder]

Welcome to the forum.

If you have read around all of the threads – then you are fully aware of the situation and you have already anticipated that Parcel2go will knock you back on the basis that the item was on their prohibited items list.

Parcel2go were the broker – who was the courier?

You don't say what the value is – it would be helpful to know. Also can you tell us about the phone

As you are aware, our position is that the prohibited items list can only be relevant in respect of items which are damaged – and even then because of the kind of risk they pose. In other words, fragile items might be subject to some trauma which could result in them breaking. Glass items could be broken. But for instance, we have had an instance where a television was broken and the claim by Hermes was that as it contained a screen made of glass, it was prohibited. Of course this was nonsense because the screen hadn't broken.

The use of the prohibited items list to try and deny liability for loss of an item is, in our view, an unfair term and completely unenforceable. In addition, the prohibited items lists are normally extensive and exclude almost anything – that is certainly true of Hermes although I haven't looked at the prohibited items list for Parcel2go. Maybe you can link us to it but I expect it will be the same.

You will also have noticed that we think it is absurd that a customer is required to take out insurance against the couriers own breach of contract or their own negligence or the criminality of their own employees.
However, you have taken out an insurance – and even though we consider it was necessary – it will certainly add an extra string to your bow.

The advice here will be to wait until you have received the response from Parcel2go and then we will take it from there.

 

[dx100uk]

why did you return the phone to them?

was it faulty?

 

[thereverend]

Thanks BankFodder

 

Courier is/was Landmark Global

I was vague about the phone as, perhaps daftly, I envisioned Parcel2go snooping around on this forum!

Anyway, it's an iPhone, value £179. Sent in its original box, then wrapped in in bubblewrap and placed in another cardboard box. I have photographic evidence of all of this.

 

@dx100uk - phone was indeed faulty. It was bought on eBay, paid for by PayPal and being returned for a full refund.

 

 

Oh - here's a link to the Parcel2go prohibited items list. It's quite comprehensive! You can filter it by courier and/or country:

https://www.parcel2go.com/prohibited-items

 

[dx100uk]

well go get your moneyback and do a chargeback to your bank for the faulty phone transaction when you purchased it

then leave Paypal to deal.

[thereverend]

Been through all that, I'm afraid. That's another (very long) story.

[dx100uk]

what the chargeback failed?

[thereverend]

No, I was outside the 120-day limit. The phone was bought in February, described as being new and under warranty for 12 months. It started overheating, I contacted Apple who then informed me that it was out of warranty. Long story short, the phone was indeed "new" but had been resold by a third party and the warranty had expired.

 

Eventually the seller agreed to refund my money once the phone had been returned. Trouble is, he/she gave me an address in China to return the phone to, even though it had been sent to me from Salford.

 

Anyway, veering slightly off topic here...

Edited September 28, 2020 by thereverend

[BankFodder]

Who is Landmark global? Where are they based?

Anyway, as far as Parcel2go looking at this forum – or Hermes – or anyone else – we are very straight dealing and honest and we have nothing to hide. We leave the skulduggery to them – to Parcel2go and to Hermes and the rest of the rogues try so often to deny responsibility to their customers.

Anyway, if you have found that telephones are excluded – then that is probably what they will do.

Wait until you hear and then come back to us. For £179 – I don't expect that they are going to dig their heels in for very long – although it is likely that they will push you to issuing the court papers and then try to beat you down at mediation. We'll see

[thereverend]

Will do - thanks to both of you. Much appreciated.

[dx100uk]

FWIW: chargeback is 540 days from the transaction date. The 120 days only kicks in when you realise chargeback is now applicable i'e the phone went faulty.

 

[thereverend]

Hello all

 

Small update on this. P2G have now confirmed that the parcel is lost. 

 

I started the claims process on Friday. The first thing they did was to state they were not liable as I had sent a "mobile phone" to China, which is on the list of items not covered by their insurance, even though they seemed happy to take the money I paid for the extra insurance cover. They sent me a screenshot of the disclaimer stating that "mobile phones" were not covered by their insurance for areas outside Europe.

 

However, when describing the parcel's contents when I made the original booking in August, I made sure to put "phone" rather than "mobile phone" on the booking form because I suspected that the description would appear on the front of the package and I didn't want to put temptation in anyone's way when it came to handling my parcel. 

 

So I asked P2G to show me a copy of the commercial invoice. On this it clearly states "phone" and not "mobile phone".

 

I pointed out that they were assuming I had sent a mobile phone but nowhere on the booking form did it state that.

 

Eventually, they backed down and agreed to start the claims process. All of the above, incidentally, took place via "live chat". They do not offer help by email or phone.

 

P2G then sent me a message asking for the following:

 

 

1. Proof of non-delivery, which they describe as follows:

Screenshot of an email from the receiver confirming this has not been received, copy of a Paypal dispute showing that the receiver is claiming this has not been received, copy of an eBay dispute showing that the receiver is claiming not to have received this, copy of any eBay messages confirming non-receipt, text messages from the receiver confirming non-receipt

 

2. Proof of value, which they describe as follows:

Your proof of value should show us the value of the item (excluding profit and any consequential costs) you are claiming. This can be a purchase receipt, bank statement, eBay auction screen shot showing the sold item in “MyeBay” or a transaction page from Pay Pal.

 

Two things:

 

I'm really not sure how point 1. is relevant as they have already confirmed that the parcel is lost, and I don't think the recipient will be in any way inclined to supply me with an email confirming non-delivery.

 

On point 2. I am tempted to play dumb and just provide them with a screenshot from my PayPal statement, which shows the amount paid, but not the description of the contents.

 

I'm after a bit of advice. Should I just play dumb, send them the bare minimum in terms of proof and hope for the best? Or come clean, send them the fully itemised invoice from eBay/Paypal, which clearly states it was a mobile phone (and not just a "phone") and argue that their Ts & Cs are unfair?

 

As ever, all input much appreciated and valued.

 

Very many thanks

[BankFodder]

I think it's important to be completely straight dealing with them.

Frankly it's a shame that you didn't declare at the outset that it was a mobile phone. However, it was a phone and that's what you declared and they accepted it on that basis.

I think that eventually you're going to have to argue it was evident that it was a mobile phone and that you didn't mis-describe it.

However, I'm afraid by not being clear at the outset you may slightly have compromise your chances.

I think now is the time to be completely level, anyway. Let's see what happens.

I should also say that it's a shame that you didn't send it back to Salford and it would be up to the seller to return it to China. Do you have the identity or address anything of the seller in Salford?

[thereverend]

34 minutes ago, BankFodder said:

I should also say that it's a shame that you didn't send it back to Salford and it would be up to the seller to return it to China. Do you have the identity or address anything of the seller in Salford?

I agree. I tried and tried and tried again to get PayPal to get the seller to agree to let me return the item from where it was posted. But all to no avail. I was told I had to return the phone to China in order to get a refund. Without wanting to be overly pessimistic, what is happening right now is pretty much exactly what I thought might happen: phone gets "lost" (i.e. nicked by someone along the delivery route) and then I enter a world of pain trying to get my money back.

NB I have no idea where the address is, or the identity of the seller. Just an eBay name and a PayPal business name in China.

 

[BankFodder]

Well we will do our best to help you – but it could be tricky.

If you issue legal proceedings then it will be best if you go to mediation – they will try to knock you down a bit and in the circumstances you might be advised to accept

I'm afraid at the end of the day, it's best to be completely straight dealing. If you had declared it properly as a mobile phone that they had accepted it then I think I would have been much more confident about the outcome

[thereverend]

Think you're absolutely right, though in mitigation I put "phone" to try to prevent it being nicked! Fat lot of good that did.

 

Really appreciate your time.

 

Many thanks again

[BankFodder]

Well let us know what you want to do and we will help you

[thereverend]

Hello everyone

 

My claim is being assessed at present. I have had to provide the usual: proof of posting, proof of value and proof of non-delivery.

 

However, I have also received the following request:

 

"IMEI is still coming back as clean, please can this be blacklisted. Many thanks."

 

Quite what this has to do with a missing parcel is anyone's guess, but I suppose it's legit. I assume they want me to ensure that the phone is not able to be used anymore.

 

Does anyone have any feelings about this?

 

Continued thanks.

 

[BankFodder]

You haven't told us who has sent you this message

[thereverend]

sorry, this was from Parcel2Go

[BankFodder]

I suppose there's nothing wrong with blacklisting it – but I'm wondering whether it might not be an idea to respond to them and say that you will be blacklisting it in two days to give them an opportunity to respond to you but that you are taking it that by asking for it to be blacklisted, they are now assuming absolute responsibility for it under the terms of the insurance And that in 48 hours you'll go ahead and blacklist it according to their instructions.

Then give them the 48 hours and blacklist it.

[thereverend]

thanks - good advice. I did ask on Saturday why they wanted me to do this but as of yet they haven't responded. 

[thereverend]

Somewhat surprisingly, Parcel2Go has approved my claim.

 

Without the invaluable advice offered by various members of this group, BankFodder in particular, I think the outcome would have been very different.

 

Many thanks to you all. I have made a donation to the site and wish you all the very best.

[BankFodder]

Thanks for the update and thanks in advance for the donation. Badly needed – and gratefully received