ParcelMonkey did it again, lost laptop worth 370 pounds!

stkrup · 30 Dec 2012 at 10:37

Hi Guys, <hope it won't be TLDR for some of you>

I was searching online for some kind of advice and just found this forum and thread about Parcelmonkey and lost of Dell Monitor. It is almost the same story what happened to me and need some advice.
I sold a laptop worth 370 pounds on ebay and send using parcelmonkey (City-Link), labeled as a comp, I thought I paid for insurance 500pounds but this is the story...

Buyer did not claimed the laptop apparently city link never tried to deliver anything so it was sent back new tracking number did not bring any info so I contacted parcelmonkey, laptop has been lost and parcelmonkey asked me to fill the claim form providing proof of value of the laptop (strange I checked terms and conditions and they apparently doesn't cover laptop loses. After day or two laptop has been found! So City Link gave a new tracking number which was not trackable so I asked parcelforce what is wrong, they said because of Christmas it could be delayed, fair enough, so I insisted after few days to check what is happening, parcelmonkey came back to me and you know what? Laptop went missing again, nobody knows anything so they said straight away they offer me 58.99 quids as a settlement (what of course I rejected).

I asked them about the way to complain to senior management and no response since than, I started to send some complaints via twitter and facebook and they delete straight away facebook one.

I am pretty ****ed as laptop was lost, found and second time lost after attaching full information about box content and its value, for me at this point laptop has been stolen as they were fully aware about content and value so what point of action should I take?

Should I report this matter to Police? Sent letter advising parcelmonkey that I am going to proceed with court action, Is there is a way to win such case? I know I have sent the laptop which should not be insured at all, I apparently insured up to only up to 50 pounds (website error?), If laptop was lost twice if this is a theft (especially they know exact content of goods and its value) ? Can judge override terms and conditions and make them invalid? I can see that parcelmonkey knows there is something sticky going on and offers me settlement for amount apparently insured (only 58 pounds) straight away? I cannot see any consistency in their actions - terms and conditions says no pay at all for any case of laptop loss or damage so why they want to pay even this amount? Or maybe should I choose different strategy to fight for my money back (like someone here said ''Accordingly, you can allege that the clause is unfair under s.3 of the Unfair Contract Terms Act 1977 as in effect it gives total exclusion for practically any loss).

I am pretty angry as a buyer left me first negative feedback on ebay, saying that laptop has never arrived and he was waiting a month to get money back, very bad
English is not my first language so I am really sorry for any mistakes.

Have a great New Year by the way!

Randomface74 · 30 Dec 2012 at 10:40

you chose the wrong insurance, accept the £58 and move on.

~Divine~Wind~ · 30 Dec 2012 at 11:00

The difference being the other guy paid additional for the correct insruance and was completely refused his claim. They've offered what the item was covered for tbh had you paid the additional insurance their offer would've likely been the value of the item+postage.

HungryHippos · 30 Dec 2012 at 11:06

Please, please, learn to use paragraphs!

scruffeh · 30 Dec 2012 at 11:10

It sucks, but I really can't see what you can do. It's really ****** that they lost (and then found and then lost) your item, but you really do have to be careful in checking that you're covered. You can't go to court or contact the Police because you chose the wrong option and there doesn't seem anything unfair about the contract terms. If their T+Cs don't cover laptop damage then just accept that you're lucky to get the £58, don't question it!

dragonflyy · 30 Dec 2012 at 11:14

Eulogy said:
Please, please, learn to use paragraphs!

Oh there's always one! :rolleyes:

.. Who cares..

And to the OP.... Does it state on your paperwork from the courier that the package contained a laptop?

stkrup · 30 Dec 2012 at 11:23

dragonflyy said:
Oh there's always one! .. Who cares..

And to the OP.... Does it state on your paperwork from the courier that the package contained a laptop?

I described it as 'comp' after first loss claim I included all paperwork with paypal and ebay payments transactions (including exact name of lost item and its value), terms and conditions maybe on PM site but what about my statutory rights and such neglect abuse shouldn't be allowed,
are there any legislation bills I can refer to?

V4NT0M · 30 Dec 2012 at 11:24

Parcelmonkey may decide to give you some goodwill but unlike the other incident on this forum I'm afraid that in my opinion that you do not have a leg to stand on.

Morally speaking it can easily be argued that you deliberately chose the wrong insurance amount and are now trying to have your cake and eat it. This carries over to any court dispute aswell.

The court would likely also take into account that even though your item was prohibited they still seem to have offered to pay. Many people would say you got more than you deserved and again this is a dispute case and I can't see any legal proceedings coming down in your favour.

Finally, it would appear to all that even if you innocently chose the wrong insurance by mistake the company cannot morally be expected to pay for your mistake. Especially considering that had there been no issue you would have got more than you paid for.

Your only argument could have been that they should not have accepted carraige for a prohibited item, but they have already offered the insurance you paid for in full.

Regardless of any legal or logical advice I have to say that from a purely moral standpoint in my opinion you are in the wrong having paid for the wrong insurance.

Go for it if you want, the only possible positive outcome I can see for you is that paying you your compensation is going to cost less than legal or dispute proceedings. Which is the wrong moral outcome IMO.

I am not however a professional.

Edit: I'm sure your only way to a moral and legal victory is to somehow prove incompetence, that they accepted the contract for delivery but due to negligence or imorral practice they would not have been able to deliver it. In which case it does not matter what level of insurance you chose.

spoffle · 30 Dec 2012 at 11:26

dragonflyy said:
Oh there's always one! .. Who cares..

And to the OP.... Does it state on your paperwork from the courier that the package contained a laptop?

Eulogy does, obviously :confused:

It's a valid point, sometimes the meaning of a wall of text can be lost if it's difficult to read.

edscdk · 30 Dec 2012 at 11:36

Eulogy said:
Please, please, learn to use paragraphs!

he did, however they were lost in transit....

Mr-White · 30 Dec 2012 at 11:40

dragonflyy said:
Oh there's always one! .. Who cares..

Could have at least put in a TLDR at the bottom

MW

wesley · 30 Dec 2012 at 11:55

i never get the insurance bit......

right, you pay the devliery companies to deliver your goods. so why pay extra to cover? daft!

it's like me saying to you, pay me £20 to deliver the parcel for you but you have to pay extra £10 in case i lost the parcel.

shine · 30 Dec 2012 at 12:02

PM or PM's contractor have been negligent and lost the parcel. The customer should not have to take out extra insurance to cover their negligence - PM should pay the OP for full value of the item.

Ceryndrion · 30 Dec 2012 at 12:04

I'm just curious, after commiting thread necroscopy in the other thread, why is it that you felt the need to start a new thread with exactly the same post?

shine · 30 Dec 2012 at 12:08

Ceryndrion said:
I'm just curious, after commiting thread necroscopy in the other thread, why is it that you felt the need to start a new thread with exactly the same post?

Someone told him to in the other thread.

stkrup · 30 Dec 2012 at 12:09

Mr-White said:
Could have at least put in a TLDR at the bottom

MW

I added in the beginning plus add some paragraphs,

Guys any legislation bills/acts I can refer it to? I would like to write a letter first so if someone more knowledgeable in this matter can assist I would be very grateful!

stkrup · 30 Dec 2012 at 12:23

Skyfall said:
Parcelmonkey may decide to give you some goodwill but unlike the other incident on this forum I'm afraid that in my opinion that you do not have a leg to stand on.

Morally speaking it can easily be argued that you deliberately chose the wrong insurance amount and are now trying to have your cake and eat it. This carries over to any court dispute aswell.

Yes but it easy to track my order history with them and to confirm that I was always paying insurance up to value

Skyfall said:
Edit: I'm sure your only way to a moral and legal victory is to somehow prove incompetence, that they accepted the contract for delivery but due to negligence or imorral practice they would not have been able to deliver it. In which case it does not matter what level of insurance you chose.

I think incompetence is evident. How can you loss the same parcel twice within few days? It sound very non-professional. And what about negative feedback on ebay given due to their incompetence? The guy wrote: ''item never turned up and toke over a month to get my money back''

V4NT0M · 30 Dec 2012 at 12:37

stkrup said:
Yes but it easy to track my order history with them and to confirm that I was always paying insurance up to value

I think incompetence is evident. How can you loss the same parcel twice within few days? It sound very non-professional. And what about negative feedback on ebay given due to their incompetence? The guy wrote: ''item never turned up and toke over a month to get my money back''

Anyone can lose a parcel, they are lost every single day by many serivces. I assume you mean your feedback? How you decide to deal with someone you sold something to is entirely irrelevant. It can definitely be argued that it is entirely possible to lose a parcel in transit. The very existence and continuation of postal insurance proves that point entirely. No company can guarantee they will 100% deliver an item, all they can do is compensate if it is not delivered, you choose how much compensation you would like.

I think you would need to prove that there is a systematic failure, most likely by speaking to people in the company or other people who have had issues.

I'm not sure what you mean by your first statement.

Sorry if my post is a bit disjointed, having issues with nightly FF build.

ince · 30 Dec 2012 at 12:37

Sounds suspicious but it will be difficult to prove anything.

[TW]Fox · 30 Dec 2012 at 12:53

I do love the way its considered acceptable to buy a service from someone and have to pay extra to cover yourself against the incompetence of the people you hired.

It's like me charging you to fit a radio to your car and accidentally crashing it into a wall, then refusing liability because you didn't pay me even more money to cover yourself against me being incompetent.

In cases of loss I cannot see how the item itself matters. It's lost, not broken because its fragile or something.

ParcelMonkey did it again, lost laptop worth 370 pounds!

Can't type for toffee