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    • if the magistrate added anything else, bar the victim surcharge which is a std 'fee' everyone pays, then you have been fined as well. if a magistrate imposes a separate fine in addition to the above then that is a criminal penalty, and thus is recorded on your record. sorry but there you go. i did warn you last month it would be a miracle if you didnt get a criminal record. dx  
    • Channell J in Prudential v Commissioners of Inland Revenue [1904] 2 KB 658 gives a broad definition of insurance.  Digital Satellite Warranty Cover Limited [2011] EWCA Civ 1413 confirms that extended warranties are insurance must be regulated. Over 90% certain that the parcel delivery companies parcel protection schemes are "insurance" and that they are unregulated and therefore the parcel delivery companies are committing an offence by selling it. Regulated means that the insurance is authorised but possibly exempted from certain conditions by the FCA. Notice that on all the parcel delivery companies websites, they are at great pains to avoid using the word "insurance". But in all probability that is what it is. A defence to the offence of selling unregulated insurance is that you exercised due diligence and this would mean that the parcel delivery companies would have to show that they had sought and received counsel's opinion that what they were doing is completely lawful. The fact that they are selling unregulated insurance to a certain extent is a sideshow because it still doesn't permit an exemption to section 57 of the consumer rights act. So in other words, even if it was regulated insurance – they would still be contrary to section 57 of the consumer rights act and also section 72 as it is an attempt to limit or exclude liability for failure to exercise reasonable care and skill
    • Thank you for the update - at least it's all over now. I'm a bit confused by what you say happened. What did your barrister think? HB
    • Hi everyone! Thanks for all your advice during this stressful journey. Here’s a quick update of what went down today.  The court hearing itself was very quick, lasted about 5 min.  The magistrates got me to pay the amount I owe (the outstanding travel costs), as well as a fine and surcharge. They reduced the court fees from £375 to £200.  The magistrates told me the amount I need to pay but didn’t mention anything about a criminal record. Does this mean they didn’t give me any or is it implied by giving me a fine? Please let me know. Thanks!! TD 
    • Natalie, whom I assume works for Mr Schnur, emailed me to advise that "Please be advised that Parcel2Go.com is not an insurance broker and is not backed by any. We do not offer any kind of insurance policy on any of our services. We give all our customers the opportunity to cover their goods to a preferred value so that if a claim does arise, we are able to compensate them. All our claims are self-certified, and we are not a regulated company." (full copy of her email attached)  I responded:  "Good afternoon Natalie  Have you read my email below? Are you aware of the court cases of PENCHEV v P2G (225MC852) and SMIRNOVS v P2G (27MC729)? In both cases it was held by the courts that there was no need for additional ‘protection’ on top of the standard delivery charge, and P2G were required to settle both cases (by then also incurring court costs and interest) in full. This will happen again with this case if I am not recompensed in full (£265 + £9.10 = £274.10) before 1 May 2024.  Tick tock, tick tock……" 22Apr24 - email from P2G responding to my email to Schnur of 19Apr24.pdf
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Amazon/UPS/HSBC - Hub Reported Damaged £1749 iphone i never opened- Amazon issued label - sent back - lost by UPS - HSBC refusing Chargeback


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Morning,

I ordered an iphone of amazon, this was a collection from the hub collection. When the phone was dispatched, the tracking had said it was damaged and it would need to be returned to the station. I called amazon as i was confused and it said delivered, they told me i had two options, either i could wait 7 - 10 days for them to pick it up + processing times to get my refund or i could pick it up and return it myself using prepaid label they provided which would be quicker. I opted for the second option, UPS lost the iphone according to tracking number. Amazon refused to help me, so i opened up a chargeback with HSBC. HSBC sided with the merchant saying it had be delivered however the higher team disputes have asked me for more evidence to counter amazons argument. I am wondering if they are breaching any laws etc as i know in EU there is a law for Prepaid labels and how its the merchants responsibility. I can't afford to be out of 1749 and no product. This is a complete joke 

 

Morning,

I ordered an iphone of amazon, this was a collection from the hub collection.

When the phone was dispatched, the tracking had said it was damaged and it would need to be returned to the station. I called amazon as i was confused and it said delivered, they told me i had two options, either i could wait 7 - 10 days for them to pick it up + processing times to get my refund or i could pick it up and return it myself using prepaid label they provided which would be quicker.

I opted for the second option, UPS lost the iphone according to tracking number.

Amazon refused to help me, so i opened up a chargeback with HSBC. HSBC sided with the merchant saying it had be delivered however the higher team disputes have asked me for more evidence to counter amazons argument.

I am wondering if they are breaching any laws etc as i know in EU there is a law for Prepaid labels and how its the merchants responsibility.

I can't afford to be out of 1749 and no product.

This is a complete joke 

Edited by BankFodder
Restructured in order to make it readable
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Firstly, please notice that I have had to restructure your post. A solid block of text without spacing is very difficult for people to follow especially on a small screen.

It's not clear whether you actually received the phone.

Are you telling us that it cost you £1749?

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some reading for you

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@BankFodder Sorry, I am new here. 

I do not have the phone. I picked it up and returned it using the label amazon had provided me. I have an email from amazon stating the tracking number and when you review the tracking number you will see on UPS website it is lost in transit.

Yes this purchase was £1749, Amazon refuse to refund. HSBC had given me a credit but reversed it with Amazon's Evidence.

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Have you seen the evidence provided by Amazon?

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And also, I have just realised that you were told that it was damaged – but did you see that it was damaged?

Is the story that they sent you a phone which they then reported to you was damaged. You immediately returned it and then somehow or other it disappeared. Is this correct?

Was there any sign of damage to the packaging et cetera?

Did you open the box containing the phone?

 

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No i didn't open the phone, It had been marked on the tracking as damaged.

Yes that is the story. Tracking number shows its lost.

The evidence they provided was that I had picked it up from the hub which they had told me to do so in order to return it 

Please see this as this explains it but I need more help in order to win this otherwise im out of 1.7k and a product

amazon.pdf

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Please can you just put up a brief summary of what has happened and make sure you address my questions.

A bullet pointed chronology

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@BankFodder i have done that on the pdf however.

 

- Ordered iphone from amazon

- Amazon dispatch

- day of delivery amazon say its damaged and will be returned

- i get an email saying its undeliverable

- i call amazon 

- they tell me i need to either wait or pick up and return with label they give

- i use the label and return it

- ups lose item / damaged

- amazon close case and ban me after opening dispute up hsbc

 

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53 minutes ago, BankFodder said:

And also, I have just realised that you were told that it was damaged – but did you see that it was damaged?

Is the story that they sent you a phone which they then reported to you was damaged. You immediately returned it and then somehow or other it disappeared. Is this correct?

Was there any sign of damage to the packaging et cetera?

Did you open the box containing the phone?

 

Please will you address the questions I have put above

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@BankFodder I have answered this before. 

No i did not see the damage, I did not open the box as i didn't want to be liable for anything e.g. swapping to the phones etc. I just left it with the seals on and returned it. 

Yes the story is i returned it with UPS label they provided. If you check the PDF it will say damaged and carton discarded.

No damage to the packaging I think

The box for the iphone no, the amazon box with the product yes. 

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I don't think you did address those questions before – but apart from that standby for a reply later on today.

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  • dx100uk changed the title to Amazon/UPS/HSBC - Hub Reported Damaged £1749 iphone i never opened- Amazon issued label - sent back - lost by UPS - HSBC refusing Chargeback

Why is there a deadline tomorrow?

 

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All you can say to your bank at the moment is that you have evidence that it was damaged before delivery and it shouldn't have been delivered.

Tell them that at all times you followed the instructions of Amazon and that you returned it using the same system. It is Amazon who is responsible and you are claiming your chargeback.

Remind the bank that it is you who is the client – not Amazon and that they are obliged take instructions from you and not from Amazon. Tell them that if they will not agree to the chargeback immediately that you are beginning a formal complaint. Do you want a reference number and that you want the matter to go to the ombudsman.

Tell them that in the event of a dispute with Amazon, the dispute is between yourself and Amazon and the bank has no business intervening regardless of any policies or industry standards.

Make sure that you stand your ground. Read our customer services guide closely.

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