Parcel2Go(TNT) damaged my parcel

[BobbyJo]

I'll make the story short.....

 

 

Basically I bought a tv off someone I know for £350 and they paid for delivery via Parcel2Go using TNT next day delivery with insurance.

 

It arrived the next day and the courier carried it into my house and asked me for my name and asked me to sign it and went.

 

I noticed TNT reseal tape all over the box and I opened it and noticed it was damp and the tv has got damage on the frame and back of the tv came apart and there were few dead pixel where it must have fell out of the box due to the box being soaked(tapes easily come off)

 

Parcel2Go refused to pay up for the tv and only offering 50pounds after a week of calls/emails/facebook/live chat.

 

 

I am deciding to take it to small claim and I am stuck with filling in the N1 form the particulars of claims.

 

What am I meant to put on that bit?

 

 

Thanks

 

Bob

[citizenB]

That is where you say what your claim is for.

 

As an example.

 

Item sent via.. COURIER NAME. An amount of £X was paid at point of despatch in order to cover any damage caused in transit. Item damaged in transit - Courier is refusing to honour a claim made under the insurance.

 

Your claim is for.. £x amount

 

I guess you could mention the state of the carton on arrival as well.

 

If you want to draft something up and pop it on the forum so others can proof it for you before submitting.

 

Meanwhile, I will flag your thread for site team. See if there is anyone who can offer more advice.

[rebel11]

Hi bob

 

Here's some info:- http://www.adviceguide.org.uk/wales/consumer_w/consumer_taking_action_e/consumer_legal_actions_e/consumer_small_claims_e/before_you_take_someone_to_court.htm

[BobbyJo]

Hi,

 

Thanks for the link.

 

I put under the brief details of claim

 

I ordered an LG 37" LCD television. I paid for next day delivery with this item. When my television arrived, it was not at all how I expected it. 'TNT' tape was all over the top of the television box, and there were also holes in it, which looked like someone had punched a pencil through the box! I opened it to then find that the inside of the box was wet! I then went on to notice that the television had either been dropped/opened up as the frame is damaged (the frame is irreplaceable), and some of the pixels have gone on the screen.

 

 

I request a payment of £350 for the television, and £28.20 for postage costs.

 

 

Under Particulars of Claim

 

Item sent via.. Parcel2Go.com An amount of £28.20 was paid at point of despatch in order to cover any damage caused in transit. Item damaged in transit - Courier is refusing to honour a claim made under the insurance.

 

The box were soaked inside and damaged and taped with TNT Reseal tapes

 

My claim is for.. £378.20

 

 

Does it look okay?

 

 

Thanks

[citizenB]

I will ask for someone to confirm that all is well and get back to you.

[MARTIN3030]

I think you need to be clear on the basis of the claim (what you will be relying on ) ie Breach of contract.

Have you looked at the terms and conditions from P2G/TNT ?

[BobbyJo]

Hi,

 

Yes I have checked and it was my friend who did all of the postage and I did not know it was not covered and on their term and condition which I have looked, it stated they do not cover for damage on tv screen but they are willing to offer me 50pounds as good will gesture which is not enough to repair the tv and the term and condition state they do not cover for loss or damage for the tv but why did they offered insurance for the postage which is included.

 

Thanks

[MARTIN3030]

Can you confirm if the claim has been issued ?

What was the date of issue ?

Has it been giled in open Court or MCOL ?

[BobbyJo]

I still haven't filled the claim form out as I am stuck on it but they did offered 50pounds credit at the first then offered 50pounds cheque which I do not want as the tv cannot be repaired economically unless I replace it so I would rather ask for the full cost of the tv

[andydd]

What are you stuck on ?. Time delays are not going to do you any favours.

 

You need to get the T&C's and read them all and see what it says about damage and compensation, etc. This (and any relevant statute laws) and what you will rely upon in your case.

 

You initial POC (above) is a bit waffly and needs to concentrate on the contract (T&C) and any laws if applicable.

 

Andy

[BobbyJo]

Hi,

 

I had a look at the term and condition which I am unaware of as my friend used parcel2go to post the tv to me which I have paid for the postage it state they do not cover the tv in term and condition but yet allowed my friend to pay extra for insurance cover which they refused to fuliful the insurance cover and saying it only cover for loss only. Does it class as misleading?

 

The copy of their term and condition are located at http://www.parcel2go.com/content/about-terms.aspx I need help with POC bit as I do not know what it fall under and I believe I am entitled the money to replace my damaged televsion as they did not take care of the package at all and I could tell the box has been soaked as it is worn when the box was brand new and opened and resealed by TNT with "TNT resealed tape" all over on one side of box where the tv must have came out

[andydd]

Hh,,..Well.. I wouldnt hold out too much hope because one of the first things the T&C says it check the list of items they wont insure > https://www.parcel2go.com/shipping-items.aspx#uninswhich of course mentions Televsions, having said that it list is quite long so perhaps its enforceability could well be contested perhaps under the unfair Terms in Contracts legislation ?

 

It maybe that you could sue for damages due to their neglect ? (This would be irrelevant what their T&C's said).

 

Or pehaps this is a warning to people out there that if they are going to post anything such as computer monitors, food, tickets, tv's NOT to use parcel2go. I dont know how these T&C's compare to other couriers, but Im sure other companies would offer far better cover.

 

Andy

[BobbyJo]

Hi Andy

 

Thanks for your reply and I have looked up on other major couriers most DO NOT cover Television and I had a look via TNT as they were the one that delivered the televsion and they do not cover the televison glass screen but then its the frame that has been damaged and I tried to take it up with the TNT but they said I have to speak to Parcel2Go directly regarding the damage.

 

I think I might just take it up on the first two options?

 

Thanks

 

Bobby

[andydd]

The amount of items NOT covered surprised me and Ill certainly be reading the small print better when I next use a courier !

 

However I dont believe that this gioves the company carte blanche to just chuck goods about and then simply wash their hands of any damage although it may be upto you to prove negligance, for eaxmple if something had been left out in rain for days, etc

 

Andy