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Beware of Parcel Motel!

Started by RichC, July 26, 2014, 01:20:55 PM

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RichC

Ive just been screwed by a missing/stolen parcel motel delivery.
I ordered and item on Amazon(long reach hedge strimmer) which cost 417.99stg and organised for delivery through Parcel Motel. Order placed on 27th May. About 2 weeks later I started to inquire from parcel motel about where it was and was told they never received it.
I went back to the vendor on Amazon who provided UPS proof of delivery to Nighline, signed for by 'hawthorne' and delivered to their Antrim depot on 02 June.
I sent this on to Nighline who initially said it was the vendors problem as it was lost in transit.
The vendor explained that they had no liability as they had proof of delivery to the address provided by me.
Nighline then spent about 2 weeks 'looking for' the item, eventually I told them to just process a claim if they couldnt find it.
I provided them with an invoice from the amazon seller for the full amount that I expected reimbursed
I had heard nothing until this week so I contacted them and it turns out they had posted a cheque last monday.
A cheque arrived for E100 with a letter saying that this was the full extent of their liability.......
I've just checked their T&Cs and it does say that, as follows
Our Liability howsoever arising and notwithstanding that the cause of any theft, loss or damage be explained or unexplained shall not exceed:
a) The replacement value of any goods or merchandise stolen, lost or damaged OR
b) EUR €100 (one hundred euro) whichever shall be the least


Am I wasting my time trying to get my money back on this??? Can they simply limit their liability and take no further responsibility for items lost/stolen by their staff?

DEMPSEY

Sounds like a case for consumer law.  :(
Dei miscendarum discipulus
Forgive us our Hangovers as we forgive those who hangover against us

imark

Probably best to call a solicitor and see if it's worth pursuing

Hop Bomb

Id get Conor Pope on this. When he gets in touch with a company on behalf of a consumer they almost always pay up to avoid their reputation being tarnished live on the radio.
On tap: Flanders, Gose,
Fermenting: Oatmeal Brown, 200ish Fathoms,
Ageing: bretted 1890 export stout.
To brew:  2015 RIS, Kellerbier, Altbier.

Greg2013

They do state quite clearly on the site that liability is limited to 100 euro so i doubt there is much you can do, that said as it was delivered to their facility and you have proof of that, surely then it is their responsibility, there must be some law covering this surely ?  ???
"Be polite, be professional, but have a plan to kill everybody you meet."  Gen. James 'Mad Dog' Mattis USMC(Ret.)

Ozbrewer

@richc - Consumer law, small claims court I guess.

Also - you may assume if you wish that your property has been stolen. Nightline / parcel motel have proof of receivership or at least your vendor has proof of delivery to them.  Ring the Gardai and lodge a report.

Not sure if they will listen or even if it is a viable course of action, but I would give it a go. 

RichC

I'm considering small claims court.
@Ozbrewer because it was delivered to the Antrim depot it'd be for the PSNI.
I think small claims costs €25 so that might be the best option

Greg2013

Quote from: RichC on July 26, 2014, 02:26:55 PM
I'm considering small claims court.
@Ozbrewer because it was delivered to the Antrim depot it'd be for the PSNI.
I think small claims costs €25 so that might be the best option

Keep hounding them, there is every chance it simply fell down the back of something in their warehouse and they simply have not bothered their arse looking for it. At the very least IMO they owe you an explanation as to where it disappeared to ?  ;D
"Be polite, be professional, but have a plan to kill everybody you meet."  Gen. James 'Mad Dog' Mattis USMC(Ret.)

Greg2013

I just checked Parcel Motel and standard liability is 100.00 euro, however there are several options for extended liabilty, for instance up to 500.00 euro for i think it was 30 days for an extra 3.50 euro.  ;)
"Be polite, be professional, but have a plan to kill everybody you meet."  Gen. James 'Mad Dog' Mattis USMC(Ret.)

RichC

@Greg, Ive been reading that and I now noticed the 100 liability thing staring me in the face on my home page a soon as I logged in. Must have been always there, I just never noticed it before:)
Strange thing is, when I contacted them on the 10/06 they said it had never arrived but I then sent them UPS proof of delivery with a visible signature on it saying it arrived on 02/06. I would have thought that theyed scan these items into some sort of database as theyre taken in from the courier and that they would have known, without my proof of delivery, that the item had arrived, unless the guy that signed for it hadnt entered it or something?

Greg2013

Quote from: RichC on July 26, 2014, 04:02:42 PM
@Greg, Ive been reading that and I now noticed the 100 liability thing staring me in the face on my home page a soon as I logged in. Must have been always there, I just never noticed it before:)
Strange thing is, when I contacted them on the 10/06 they said it had never arrived but I then sent them UPS proof of delivery with a visible signature on it saying it arrived on 02/06. I would have thought that theyed scan these items into some sort of database as theyre taken in from the courier and that they would have known, without my proof of delivery, that the item had arrived, unless the guy that signed for it hadnt entered it or something?

The fact that you have undeniable proof it was delivered and they accepted delivery i would be staying on top of this if i were you.  ;D
"Be polite, be professional, but have a plan to kill everybody you meet."  Gen. James 'Mad Dog' Mattis USMC(Ret.)

armedcor

I would definitely hound them. Every time they take delivery of an item they take a picture of it for your account. It's been signed for by the company then instantly goes missing? Sounds right fishy.

Greg2013

Quote from: armedcor on July 26, 2014, 05:03:26 PM
I would definitely hound them. Every time they take delivery of an item they take a picture of it for your account. It's been signed for by the company then instantly goes missing? Sounds right fishy.

Agreed this all sounds a very fishy to me anyway.  ;D
"Be polite, be professional, but have a plan to kill everybody you meet."  Gen. James 'Mad Dog' Mattis USMC(Ret.)

DEMPSEY

They have received the goods and you have proof then whats to stop them just taking something valuable and only giving you €100 for it. Small claims court I would go to if no response.
Dei miscendarum discipulus
Forgive us our Hangovers as we forgive those who hangover against us

Qs

Threaten to blacken their name on Joe Duffy!!!