ParcelMonkey Woes! Lost £400 Monitor
- Thread starter Craterloads
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A letter saying what! im useless at this sort of stuff TBH
Deleted member 66701
Deleted member 66701
Maybe read the T&C's next time?
You should be able to claim the amount you paid for the compensation back though on the basis it was mis-sold.
You should be able to claim the amount you paid for the compensation back though on the basis it was mis-sold.
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Paid £20 odd pounds, hardly peanuts! Not even offered my full postage refund, just £6 i paid for additional postage.
edit: lol
Not necessarily screwed. Is your eBay account held as a business or an individual? Whether or not you were acting as a consumer or a business is important. If you were merely a consumer, then you might be in a position to rely upon the Unfair Terms in Consumer Contracts Regulations. The "no liability" T&C would be classed as a standard term (since it was not negoatiated individually) and could be deemed "unfair if it creates a
significant imbalance in the parties' rights and obligations under the contract, to the detriment of the consumer, contrary to the requirement of good faith." You would have a fairly good argument in this instance.
It should also be noted that ParcelMonkey cannot limit their liability through contract terms or any other method if such has arisen through their negligence. Again, this would be relevant but difficult to prove.
significant imbalance in the parties' rights and obligations under the contract, to the detriment of the consumer, contrary to the requirement of good faith." You would have a fairly good argument in this instance.
It should also be noted that ParcelMonkey cannot limit their liability through contract terms or any other method if such has arisen through their negligence. Again, this would be relevant but difficult to prove.
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Individual/private ebay account
If it's a prohibited item and your description of the item if read by their staff could easily have been recognised as such then they should never have accepted the item for delivery without making it clear to you that it was on the prohibited list and being transported at your risk. I would say they were negligent - a solicitor could advise if this is the case.
According to the site's list:
Monitors (LCD/CRT/TFT/LED) (carried on a no-compensation basis)
So that means that they are happy to take the item, but there will be no compenstation if it's lost or damaged. It's your choice.
Daniel is correct, that's what I was getting at... but you'd need to go as far as court to get that result.
I've bashed up a quick letter.. see what other people think and see if it can be polished before it's sent.
Dear Navin Ramiah,
On the xxx of xxxx I arranged through the Parcel Monkey website for you to collect and deliver an item for me. I paid for insurance and instructed you exactly what the items were. You agreed this contract, accepted payment and proceeded to lose the item with very little delay.
I'm not quite sure how easy it is to lose an item the size of this package, so I am not yet convinced that every effort has been taken to find the lost item.
On contacting your customer services department by email you've informed me that you cannot be held responsible for your negligence in this case, as you have written in to your terms and conditions that you won't be held responsible for monitors.
I don't believe it matters what is inside the box when it is lost due to your negligence, and having paid for the insurance I now expect you to reimburse me.
Were you to refuse the insurance I would certainly not have sent the item, as a result of you accepting the contract for delivering what was clearly stated to be a Dell Monitor, and your subsequent loss/lack of effort to recover the item I am considerably out of pocket. It would make things simpler for both Parcel Monkey and myself if you were to refund me at this stage, before I take further legal advice. My understanding at this point is that a judge will rule in my favour, and that your terms and conditions cannot be used to escape negligence.
I would greatly appreciate if your reply could reach me within one week of the date of the letter, as otherwise I will assume you wish me to pursue this through a solicitor.
Yours sincerely,
Crater Loads.
I've bashed up a quick letter.. see what other people think and see if it can be polished before it's sent.
Dear Navin Ramiah,
On the xxx of xxxx I arranged through the Parcel Monkey website for you to collect and deliver an item for me. I paid for insurance and instructed you exactly what the items were. You agreed this contract, accepted payment and proceeded to lose the item with very little delay.
I'm not quite sure how easy it is to lose an item the size of this package, so I am not yet convinced that every effort has been taken to find the lost item.
On contacting your customer services department by email you've informed me that you cannot be held responsible for your negligence in this case, as you have written in to your terms and conditions that you won't be held responsible for monitors.
I don't believe it matters what is inside the box when it is lost due to your negligence, and having paid for the insurance I now expect you to reimburse me.
Were you to refuse the insurance I would certainly not have sent the item, as a result of you accepting the contract for delivering what was clearly stated to be a Dell Monitor, and your subsequent loss/lack of effort to recover the item I am considerably out of pocket. It would make things simpler for both Parcel Monkey and myself if you were to refund me at this stage, before I take further legal advice. My understanding at this point is that a judge will rule in my favour, and that your terms and conditions cannot be used to escape negligence.
I would greatly appreciate if your reply could reach me within one week of the date of the letter, as otherwise I will assume you wish me to pursue this through a solicitor.
Yours sincerely,
Crater Loads.
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Wow thanks, thats awesome. Will allow sometime for others to chip in to improve but is 10x better than anything i could do!!
Would i need to send that in writing or just reply with that in my support ticket thing which is still open with them?
Absolutely in writing - well, print 
Don't send it on a support ticket. The more effort you seem to have gone to, and the sharper you seem the more likely they are to say that they'd be better off sorting it out rather than losing a court case.
You're really bluffing though and for a company on a shoestring like ParcelMoney they might just chuck it in the bin.
Do send it signed for delivery though, that's another little step that helps.
Don't send it on a support ticket. The more effort you seem to have gone to, and the sharper you seem the more likely they are to say that they'd be better off sorting it out rather than losing a court case. You're really bluffing though and for a company on a shoestring like ParcelMoney they might just chuck it in the bin.
Do send it signed for delivery though, that's another little step that helps.
It's pleasing to see a few people who know what they are talking about to counter the sheep-like "it's in the T&C's so tough" responses.
I wonder if those people would accept a shop's T&Cs as gospel if it said they had to hop on one leg in order to qualify for a refund...
I wonder if those people would accept a shop's T&Cs as gospel if it said they had to hop on one leg in order to qualify for a refund...
Soldato
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could you try reporting it as stolen and threaten to go to the police? they might look a bit harder then. they arent covering you, sure (arses arent they) but then you just say you are going to report it as stolen to the police.