Soldato
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I wonder what their blanket reply will be to this, they must be threatened all the time.
ParcelMonkey Woes! Lost £400 Monitor
- Thread starter Craterloads
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I wonder what their blanket reply will be to this, they must be threatened all the time.
I think you'll find that most companies would rather happily pay you out a few hundred rather than thousands defending an articulate and well worded claim, with the potential loss of hundreds of thousands.
On face value I feel that clause (as a whole) is extremely onerous. As I said, definitely worth a punt.
Soldato
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I'm not disputing this
I'm just wonder what bullcrap they sent back first, before you actually start legal proceedings.
Soldato
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"This list is not exhaustive, it exists as a rough guide only"
Rough guide is a bit ambiguous, stick a claim in at the small claims court.
Tell them they have misunderstood and its a guitar amp monitor.
If they find it can call you liar, well you have your monitor, and if they don't you have gained 400 quid.
Rough guide is a bit ambiguous, stick a claim in at the small claims court.
Tell them they have misunderstood and its a guitar amp monitor.
If they find it can call you liar, well you have your monitor, and if they don't you have gained 400 quid.
I'm not disputing this
I'm just wonder what bullcrap they sent back first, before you actually start legal proceedings.
I hasten to add, if you follow my advice, the idea isn't to actually start legal proceedings, but resolve the solution before you had to issue a claim. Essentially it's a case of them seeing if it's worth calling your 'bluff' - you want to assure them it isn't.
I can't beleive all the people with the smug stinking attitude here of 'tuff, should have read the t&c'
It's perfectly logical and reasonable for them to exclude certain 'fragile' items from the compensation cover (Some peoples idea of protective packaging is woeful at best!)
As said, if he's made them aware prior to purchasing the product, and they STILL pick it up, they have accepted the goods for carriage under those terms.
Thats really all there is to it, the T&C's dont come into it, speak to any claims department of any carrier and they get lumbered with this all the time.
I did. I spelled out the steps to take but got ignored.
Furthermore, if they are saying the parcel is 'lost' as opposed to stolen, then you can allege they are essentially denying their liability for negligence. Denying liability for negligence is also subject to the requirement of reasonableness under s.2(2) of UCTA 1977. As you have rightly said, their terms and conditions as are practically give a licence for theft.
It's another avenue of attack anyway.
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Whys that then? I did my research and sent my monitor via a courier which DOES cover monitors via their insurance. The op didnt and expects the company who clearly state in the exclusion list and terms and conditions that sending such an item is at your own risk with no insurance. Due to that, my opinion has more merit that you are willing to observe.
Whilst your opinion might have some merit, The Halk is pointing you in the direction of the various comments regarding the validity of certain terms and conditions. If you had read the whole thread you may have learnt that (a) the T&C hold specific provision for the waiver of the prohibition of items and, by accepting the item as described, it is arguable that the waiver has been put into effect; (b) the references to no compensation are irrelevant since they appear solely within a document described as "a rough guide" and points the customer to the full T&C; (c) the T&C themselves bear no reference whatsoever to the avoidance of compensation payments regarding otherwise excluded items accepted pursuant to clause 4.2 of the T&C; (d) regardless of anything else, any term that attempts to limit the liability of an organisation through damage or loss caused through their own negligence, or indeed simply creates any type of unfair bias in favour of a supplier against a consumer, is likely to be deemed unfair, causing it to be unlawful and would, therefore, be set aside if the matter were to reach court.
What would you declare you were sending? They exclude most things from their list.. and then there is "various" also.
Except the first question asked would be "OK sir, what is the item we are looking for?". What are the chances of them finding the item if you lie about what it is? How many times could they walk rigfht past the monitor 'cos you said they need to find a printer?
Then they find the item, and see you blatently lied when buying the insurance. That in itself is illegal.
Good advice though.
They shouldn't be opening the box anyway.
You just tell them whatever you want to, as long it would reasonably fit inside the box, how would they know?
Obviously don't tell them it's a washing machine and then ship a keyboard but if you told them it was some wooden parts for a drawer, how would they know otherwise without opening your package?
"OK sir, what is the item we are looking for?"
'Some wooden parts for a bit of furniture in an old monitor box'
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Why not?
Well, that's the solution. What a complete waste of time this thread has been.
OP - Just go back in time...