Music magpie/ToYou (asda Courier) Lost £2k in phones in 2 boxes

[T.rahman]

I sent  2 parcels to music magpie on the 10th of April. I have been a longtime user of music magpie as my business regularly updates our devices and we recycle them through music magpie. Since 2018 I have recycled about £18,000 worth of devices to them. 
 

neither of the parcels arrived to musicmagpie. Typically I post with Royal Mail however they changed their terms so that Royal Mail is only insured upto £100 and to have my items fully insured I must sent by Asdatoyou. I sent the items however no weight is recorded on the label and the receipt that’s provided just contains  the tracking number. Items are left in a postal box that is open to anyone. No staff is present at the drop box, it is self service but the door doesn’t lock. 

 

I followed MusicMagpies claim process. They asked for the proof of postage and the imei numbers of the devices. A day later they asked for the proof of purchase which I also provided. I provided these on the 18th. On the 24th they deemed my order as fraudulent and stated that they wouldn’t be paying out. 
 

this was the response I received ‘14. paragraph 6 of our terms and conditions we shall accept no other valuation than our own for the items that you maybe claiming for and under no circumstances do we accept any liability for any other loss, damage or compensation resulting from the use of our delivery services’

 
they completely disregarded all my prior orders with them and I have been a longtime customer, sending over 60 parcels to them. They stated they would not comment further and have not responded to any of my emails. 
 

what is my legal standing and what are my next moves?

 

They are refusing to cooperate.

I specifically chose the Asda toyou courier because their website stated the order would be fully insured is this not contradictory to the statement they gave me? 
 

please any advise would be helpful.

The orders amount to £2000 and whilst this wouldn’t be the biggest loss in the world I just think it’s unfair that they get to do this.

 

[dx100uk]

then you raise a claim against the courier if they lost them whilst they were in their hands.

 

type in evri and get reading up.

 

same process

 

i've moved your thread to the postal forum.

 

[T.rahman]

I reached out to ‘toyou’ they stated that I would need to go through musicmagpie and they will start an investigation. I contacted them the same day I contacted MusicMagpie.

[dx100uk]

yep usual billy BS from the courier not us mate

 

go read a good few 10's of evri threads , you'll soon understand ......and why they are your letter of claim target.

 

dx

 

[T.rahman]

So music magpie have no responsibility in this even though they provided the label?

[dx100uk]

yep.

 

listen 

youll understand once you go read a good 10-20+ evri threads.

 

we are masters at this here well @BankFodder is......

[BankFodder]

If you don't mind, I'd appreciate if you could be a bit clearer about exactly what has happened .

I haven't heard of this service from Asda to you before. 

Please tell us about that. Are they brokers or do they actually carry out the delivery?

You refer to some of their terms and conditions on a website. Please can you provide a link.

 

Tell us a bit about the role of music magpie in this. And also what were the items that you were sending and why were you sending them?

 

Presumably the music magpie claims process is on an internet site somewhere. Please can you link us to that claims process so we can have a look

 

You have already been advised to start reading lots of the threads on this forum about parcel delivery. They are mostly about EVRi but all the principles will be the same.

However, I am interested in the fact that apparently the service you used actually offered full insurance.

 

Insurance is not necessary but it is certainly unusual for any company to offer full insurance as part of their price.

 

I understand from what you say that they are refusing to accept your valuation.

What evidence do you have for your evaluation.

 

 

 

 

 

[T.rahman]

I was selling my devices to music magpie.

I was selling 4 iPhones to them.

This isn’t out of the ordinary for me and music magpie should be fine with this as so far they have paid me out £18000 over the years. I provided proof of purchase and imei numbers of the devices anyhow.

 

It seems as though last week musicmagpie have changed their terms and conditions originally (when I sent the parcel)

it stated that items were insured upto the valuation of the parcel if sent with Evri or Asda toyou,

 

this has now changed to state that parcels are only insured up to £150.

I have attached the packaging guide and you can see how they have changed their wording. 
 

asda to you are a deliver courier.

They deliver the parcels themselves, parcels are dropped off at the Asda store in a postbox.

 

the evidence I have for my valuation is that I took pictures of the items before I sent them clearly showing their condition and I also have proof of purchase documents verifying ownership. They are saying that it is a fraudulent order.

there isn’t much information regarding the claims process but I have attached a link to their site with information about the process 

 

Claims for Loss and Damage

WWW.MUSICMAGPIE.CO.UK

---

Need to know more about the terms and conditions surround a claim for loss and damage? Read more information here.

 

I have attached the shipping guidance

 

you can see one doesn’t mention that Asda toyou service isn’t fully insured and one mentions that it is only compensated at £150.

 

When I placed the order the website clearly stated that Asda toyou was fully insured and to use the Asda service if sending high value parcels. 

 

jpg2pdf.pdf

[dx100uk]

just get on and sue adsda toyou..

 

dx

 

[T.rahman]

So would It be through the use of eight of third parties act that I am suing Asda toyou as music magpie provided the label? Wouldn’t it be easier to sue music magpie?

[dx100uk]

good you appear to have done some reading up..

 

it doesn't matter who provided the label 'directing' you to a 'postal company'...it's that actual company that lost your goods...your target.

 

carefully also read and respond to any outstanding @BankFodderquestions.

 

 

[BankFodder]

 

What was the last date that you saw the reference to full insurance on the website?

[T.rahman]

17/04. I contacted music magpie regarding the change of their terms for insurance value and they said it doesn’t apply to my order. I have attached their response 

IMG_4580.pdf

[BankFodder]

So that is very decent and honest of them.

So what is the objection? Simply that they don't believe the parcel valuation

 

[T.rahman]

This is their official response from when I filed the claim IMG_4582.pdf

[BankFodder]

Thank you

Also, the link to the music magpie site which you posted above doesn't contain any reference at all to insurance. Please could you post a link which goes directly to the relevant page.

Although I agree with my site team colleague that you might normally want to sue the courier company, there are elements here which may be think it might be easier to see the music magpie. Also, if they are held to account then they will take a view on their courier delivery service

 

I'm also instead the fact that they say that they have decided that your claim is fraudulent but are clearly declining to provide any evidence.

I think for this reason alone, you should be attacking music magpie and they should get the slap that they clearly deserve.

Will you post the link that I have asked for.

Also, you should write to music back pain immediately and tell them that if they feel that there has been fraud, that it is reasonable to expect that they will provide you with the evidence of that alleged fraud immediately – and secondly, that they have a clear public duty to inform the police.

Asked them to confirm that they have informed the police and asked them for the crime number and asked them when it is likely that you will receive a visit from the police either to give a statement or to be arrested.

[T.rahman]

Thank you I will do all that now. 
 

i have added a link for the updated parcel insurance terms but these terms don’t apply to my parcel. When I posted the parcel it stated that asda toyou was fully insured and Royal Mail was only insured to a value of £150. 
 

Insurance

WWW.MUSICMAGPIE.CO.UK

---

If you're interested in selling your stuff with musicMagpie, then read here to learn more about our insurance of your delivered and...

 

IMG_4580.pdf

[T.rahman]

‘Our investigation and courier contact will not be provided as this is business sensitive information.’

 

that was their response when I asked for evidence regarding my alleged fraud when I first heard back from them 
 

[BankFodder]

 

You may have given some details already but please will you rehearse here the evidence you have here in support of your own valuation.

[T.rahman]

Okay so I valued the items as good. Which is the best condition on the music magpie website.

 

so I came to this judgement as my items perfectly matched the criteria as stated by music magpie, 

 

original boxes were included for all items including adapters and chargers.

 

the items were purchased in October so weren’t that old and still under warranty(not  relevant but just speaking to the age of the item and how used it actually is)

 

the items were in a case the whole time and screen protector applied since day 1 due to this the phones didn’t have a single scuff or scratch. 
I took a photo of the phones before shipping them.

to verify ownership I provided proof of purchase documents and the correlating transaction on a bank statement. 
 

I have sent 50+ orders to music magpie and not a single order has ever been revalued so I’m 100% sure my valuation was accurate. 

[BankFodder]

Sounds good, do you have receipts for them as well as the information on your bank statements?

 

Also, where these two telephone sent in one parcel or were they sent in two separate parcels? Were they sent on the basis of one contract or two contracts?

[T.rahman]

Yep I have the invoice from the Apple Store which contains a variety of different reference numbers so if apple were contacted they would confirm ownership. I already provided these documents to them

 

they were sent in two separate parcels as two separate orders. 
 

 

[BankFodder]

Okay well I suggest that you issue letter of claim.

You can either sue on the basis of both boxes at the same time or you could sue one after another in order to test the water that with the first one.

If they don't like what is happening then they may will want to negotiate and if they do then I would suggest that your negotiation stance would be that they pay out for both or otherwise there will be another claim on its way to them PDQ.

If you like this idea than draft a letter of claim and post it here so that we can check it.

I suggest that we aim to post of a letter of claim to them by Friday