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-   -   Legal advice - City Link lost parcel (https://www.scoobynet.com/non-scooby-related-4/1017716-legal-advice-city-link-lost-parcel.html)

Rob Day 02 January 2015 06:17 PM

Legal advice - City Link lost parcel
 
Hi there,

I booked two items via Interparcel which went by Citylink, but one of the parcels never made it, and now Interparcel said they will file the claim against City Link, but my concern is I'll end up with no item, or £260 out of pocket.

What are my legal rights here?

I've tried to right about it up to now, and informed Interparcel that I booked the item with them, they took my payment, and I booked extra insurance to be extra safe. So my purchase/agreement is with them, therefore they should look to refund my money and they can proceed with the CityLink claim themselves.

Thoughts?

Cheers
Rob

fat-thomas 02 January 2015 06:17 PM

I'd think you are fecked as they have gone bust.

Rob Day 02 January 2015 06:20 PM


Originally Posted by fat-thomas (Post 11594142)
I'd think you are fecked as they have gone bust.

I know about that, but my purchase was through Interparcel. My money went to Interparcel for the booking.

^Qwerty^ 02 January 2015 06:27 PM

Your contract is with Interparcel then, who they choose to move things about with is their business.

Rob_Impreza99 02 January 2015 06:32 PM


Originally Posted by Rob Day (Post 11594139)
informed Interparcel that I booked the item with them, they took my payment, and I booked extra insurance to be extra safe. So my purchase/agreement is with them, therefore they should look to refund my money and they can proceed with the CityLink claim themselves.

I would think that your contract is with Interparcel, they took your business and your money including the extra insurance, it should be them that refunds you, its upto them to then take up their own claim with City Link.

PaulC72 02 January 2015 06:32 PM

Yup Interparcel should refund and claim back it's not your fault you paid them in good faith.

I think if you do a little googling you will get the right things to throw back at them if you need to in regards to the courier contract and refunds.

Rob Day 02 January 2015 06:33 PM


Originally Posted by ^Qwerty^ (Post 11594162)
Your contract is with Interparcel then, who they choose to move things about with is their business.

That's what I'm hoping for bud, I'm sure someone with legal knowledge will educate me on the law when it comes to non goods purchases.

giz1978 02 January 2015 06:35 PM

trading standard or cit advise is the best people to talk to

DemonDave 02 January 2015 07:11 PM

Section 16

http://www.interparcel.com/terms.php


16.3 INTERPARCEL'S MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER. For example, if a standard order has been placed and no Enhanced Cover has been selected, then that order will have £50 of Transit Cover included. If the cost of the postage was £15, then Interparcel's maximum liability to you in relation to that Consignment will be limited to a total of £65 (being the £50 of Transit Cover plus the £15 cost of postage). In the same example, if Enhanced Cover was selected up to a value of £200, then Interparcel's maximum liability would be £215 (being the value of the Enhanced Cover plus the cost of postage). However, Interparcel's general limits on liability are subject to the remaining restrictions described in this section 14.

Rob Day 02 January 2015 07:19 PM


Originally Posted by DemonDave (Post 11594218)
Section 16

http://www.interparcel.com/terms.php


16.3 INTERPARCEL'S MAXIMUM LIABILITY TO YOU IS GENERALLY LIMITED TO THE AMOUNT OF TRANSIT COVER SELECTED WHEN AN ORDER WAS PLACED (INCLUDING ANY ENHANCED COVER) PLUS THE POSTAGE FEES PAID WITH THE ORDER. For example, if a standard order has been placed and no Enhanced Cover has been selected, then that order will have £50 of Transit Cover included. If the cost of the postage was £15, then Interparcel's maximum liability to you in relation to that Consignment will be limited to a total of £65 (being the £50 of Transit Cover plus the £15 cost of postage). In the same example, if Enhanced Cover was selected up to a value of £200, then Interparcel's maximum liability would be £215 (being the value of the Enhanced Cover plus the cost of postage). However, Interparcel's general limits on liability are subject to the remaining restrictions described in this section 14.

I read this link, and it goes on about "interparcel" not the courier, so if your like me you would read this as interparcel taking responsibility.

Cheers for taking the time to look :thumb:

Trading standards and Citizens Advice will be pursued also if it's not easily resolved :thumb:

Rob Day 02 January 2015 07:21 PM

The carriage of items is undertaken by the Carrier and we do not carry the items ourselves. However, your contract for the carriage of items remains between you and Interparcel, we manage all aspects of the interaction with the Carrier on your behalf (including, for example, the placing of the order itself and any service complaints you may have). Accordingly, if you have any queries or issues about any order you place, you should contact Interparcel (quoting your reference/tracking number where available) as described in section 13.1 (below)

DemonDave 02 January 2015 07:24 PM

your contract is with Interparcel and so yes the insurance is theirs

plus from what I remember the insurance brackets are the same regardless of the courier implying it is their insurance and not the individual couriers.

Did you pay on credit card?

DemonDave 02 January 2015 07:26 PM

https://www.trustpilot.co.uk/review/www.interparcel.com

complaints@interparcel.com

Rob Day 02 January 2015 07:37 PM

Paid via Paypal buddy.

However no point claiming on paypal as they will only look to refund my carrier fees, not the lost goods.

Service: City Link Next Day
Date Booked: 21/12/2014
Package Details: 2 package with a weight of 24 kg
Collection Date: 22/12/2014
Collection Time Requested: Between 09:00 and 18:00
Payment Method: Paypal

Description Price VAT Total
City Link Next Day: £ 17.70 plus vat £ 3.54 = £ 21.24
Additional Transit Cover - Total cover is £250.00: £ 5.00 plus vat £ 1.00 = £ 6.00
Paypal Surcharge £ 0.54
Total £ 27.78

Rob Day 02 January 2015 07:38 PM

21/12/2014 13:42 Awaiting Collection
22/12/2014 10:24 Goods collected
22/12/2014 17:26 On route to delivery depot
22/12/2014 17:32 Awaiting Collection
23/12/2014 05:51 Arrived at Delivery Depot
23/12/2014 06:06 On route to delivery depot
23/12/2014 07:44 Goods loaded onto a van
23/12/2014 16:19 Goods returned to depot
23/12/2014 16:41 Delivery point closed (Carded)
24/12/2014 01:55 Arrived at Delivery Depot
24/12/2014 07:19 Goods loaded onto a van
24/12/2014 09:45 Goods Delivered
30/12/2014 10:09 Goods returned to depot

PaulC72 02 January 2015 07:39 PM

Rob out of curiosity what level of cover did the extra insurance provide? is it based upon the value of goods?

I think your post above answered it as it wasn't there when I was typing.

PaulC72 02 January 2015 07:42 PM

It looks like from the above you are insured anyway so Interparcel will refund I guess but it'll need to go through whatever processes they have for lost parcels.

Rob Day 02 January 2015 07:45 PM


Originally Posted by PaulC72 (Post 11594240)
Rob out of curiosity what level of cover did the extra insurance provide? is it based upon the value of goods?

I think your post above answered it as it wasn't there when I was typing.

Yes Paul.

To be honest I'm not all that bothered about the money, I just want to goods delivered or returned, however I get that administration ceases all action/production so thus is unlikely unless CityLink are bought out very soon.

The parcel is/was a special needs pushchair and the buyer has been great about the delay ( if it can be called that ), but I know how much it'll mean to the family to get it as these retail at £600 plus equipment. Total cost of this lot new would be near £800.

Second had it was worth £260 that I sold it for...:Whatever_

PaulC72 02 January 2015 07:49 PM

It's terrible really but the parcels still belong to the owners so I imagine the administrators will have to make reasonable efforts to get things delivered unless selling as a going concern, then it'll be a matter of time.

Is there any chance you could contact whoever is administrating this and ask to see if it is in the depo? a long shot maybe but once i was working for a company and we managed to get into the warehouse of the dissolved business and take back all out racking and a few extra things.

mickywrx 02 January 2015 07:52 PM

Not sure of the exact time scales, but City Link are/were still operating, only to allow for return to sender and people who have cards left to collect parcels.

One of my mates, is/was back shift supervisor at Durham branch, and he is still employed for the shut down period - however long that will be is anyones guess. There is a chance that you'll get the item returned, how I'm not sure as I don't think any drivers have been retained.

scoobyskool 02 January 2015 08:17 PM

Im sure it said on the news remaining parcels in the system would be returned to depots and can be collected from there ,,, so if you know where it is it ought to be grab able ,,, if in a depot miles from you perhaps someone local to the depot from snet could collect for you etc

Guess it depends if they know where it is or if it is actually lost

Pure guess going from the saturated news coverage but good luck and hope you retrieve the wheelchair for the family

jaygsi 02 January 2015 10:44 PM

I've had a few things go missing never had a problem with claims as long as insured for correct amount.


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