courier broker claim for loss

[darreny]

Hi,

I sent bespoke garden gate that was bought on the auction site to a customer through an insurance broker on the 1st July unbeknown to me the gate wasn't delivered and the first i knew of this was 11th July when the customer opened a case against me so i contacted the courier direct and was told they would try and locate the item. I was told on the 21st that the item was lost so contacted the broker to make a claim.

Today the broker has told me that i cannot make a claim as this needs to be done a maximum of 7 days from the item being lost which they class as the 2nd July. There website also states to contact the courier in the first instance which they have conflicted in messages stating i should have contacted them.

Anyone know where i stand on this?

Many thanks for any advice

 

[Ilikeitblackplease]

Did they tell you this? the delivery company officially told you on the 21st that the item was lost, it should start from that date, as deliveries sometimes are late, or the person is not at home at the time and made a alternative time for delivery etc...
Its can't be lost on the 2July as you posted the item on the 1st.

What is their name can you look up for who regulates that type of business, did you pay using your credit card.
You option here is to write a letter to them, and explain you are giving them14 days and any other future letters will cost them your admin fee, write another letter giving them another 14 days, inform them you'll have no alternative to seek compensation via the small claims court.
Get a copy of their website saying that, looks like they are new or trying to pull a fast one.

If i were you I'd get a letter to them straightaway, informing them of the loss via 1st class recorded, email the same letter to fit inside the 7 days since loss, don't mention anything else just your policy number, the item, value and delivery company plus date they informed you it was lost which was 21 July2014 , so you have informed them now., then wait for a reply, and work from there.

 

[bazzabear]

They only confirmed it was lost on the 21st, but they want you to react to that within 7 days of the 1st?

They're trying it on.

 

[darreny]

I am in touch with them via there report a problem messaging service. They told me I agreed to the terms and conditions which states the 7 days but as you said and to me the date of loss is when City link actually tell me it's lost.

They have now offered me the delivery cost and extra insurance I paid which to me makes me think they are on shaky ground legally and want to fob me off

 

[pastymuncher]

To be honest you have left yourself wide open with the customer and courier by not checking the tracking. I always send things by tracked delivery so that I know they have arrived and when.

On the other hand the courier admits it has lost the item and should cough up for the value. I think they are trying to fob you off. Insist on the full value and if you get no joy go and see CAB who will point you in the right direction for your next move.

 

[Ilikeitblackplease]

I am in touch with them via there report a problem messaging service. They told me I agreed to the terms and conditions which states the 7 days but as you said and to me the date of loss is when City link actually tell me it's lost.

They have now offered me the delivery cost and extra insurance I paid which to me makes me think they are on shaky ground legally and want to fob me off

Yes, refuse it keep copies, you should send a letter via post, in case you go to court, as a hard copy.

 

[TheMightyTen]

Why do people not use tracking for the purpose intended???

Sorry but buyer at fault.

 

[kitkat9933]

Why do people not use tracking for the purpose intended???

Sorry but buyer at fault.

I don't even see why we should have to pay to insure items that are posted or being moved by courier service. I'm already paying you money to do something, why should I pay you more to ensure you do it correctly?

You don't order a steak medium-rare and pay extra money so that if the steak isn't cooked properly you get a refund.

You don't pay a hairdresser extra money so you can get compensation if they mess up cutting your hair.

I don't see how all these con-artist companies including Royal Mail can get out of paying you money for loosing/breaking your item.

 

[darreny]

I don't think it's realistic to expect me to track everything I send out, neither do I think a 7 day claims window is realistic especially during the holiday season.
To me the item is lost when the courier service tell me it is, I was told they were trying to trace the item. The fact is the item has been lost and I had to pay extra for the insurance for loss or damage and now they are rug using to pay out.

 

[Surveyor]

Presumably you agreed to City Link's Terms & Conditions.

http://www.city-link.co.uk/files/file_405703.pdf

Maybe this section will help:

 

[arknor]

http://www.postrs.org.uk/
The Postal Redress Service (POSTRS) is an independent body whose role is to resolve disputes between regulated postal operators and their customers.

 

[Surveyor]

http://www.postrs.org.uk/
The Postal Redress Service (POSTRS) is an independent body whose role is to resolve disputes between regulated postal operators and their customers.

City Link don't appear to be a member of POSTRS.

Presumably they're not a regulated postal operator.

 

[arknor]

City Link don't appear to be a member of POSTRS.

Presumably they're not a regulated postal operator.

ofcom then or whatever

 

[darreny]

It was parcel monkey, city link were just the carrier service that they use

 

[Surveyor]

ofcom then or whatever

If they're not a regulated postal operator then they're unregulated.

"Ofcom or whatever" won't deal with a complaint or dispute.

The recourse is to go through the company's complaints/dispute procedure and if dissatisfied seek legal advice.

 

[Surveyor]

It was parcel monkey, city link were just the carrier service that they use

Parcel Monkey T&Cs

For goods that are lost, The Company must receive notice of your claim within three (3) working days from the scheduled delivery date and The Company must receive full details of the actual claim within seven (7) working days from the scheduled delivery date. For the avoidance of doubt, you may submit notice of your claim beyond three (3) working days from the scheduled delivery date on the condition that the notice and the full details of the actual claim is received by The Company no later than seven (7) working days from the scheduled delivery date.

 

[darreny]

Looks like I may have to learn a lesson from this but that particular broker won't be getting anymore money from me

 

[Lopéz]

http://www.postrs.org.uk/
The Postal Redress Service (POSTRS) is an independent body whose role is to resolve disputes between regulated postal operators and their customers.

You are possibly the most misinformed poster on this forum when it comes to stuff like this, you're forever banging on about postal regulations, which don't apply to couriers.

 

[mejinks]

Looks like I may have to learn a lesson from this but that particular broker won't be getting anymore money from me

Don't be so wet! If you are like this, then send me £140 for replying.

Those terms are unreasonable and the cost to file in small claims is negligible. Don't put it down to "one of those things" I wouldn't rest until you have a full refund and compensation for admin charges and lost goodwill. You can bet your rear end that they would do the same to you. Hell, I would be writing to anyone who would listen including the local MP.

 

[mattyprice4004]

ofcom then or whatever

Useless post of 2014 award?