MusicMagpie destroyed my property

[Smartdaz]

Hello.

I was looking to sell my xbox one console. I turned to MusicMagpie since they were offering £115 for it which as it was just sitting around gathering dust I decided to go for it. I sent them the console in full original packaging including wrapping, manuals, bags etc.

When they recieved the console they made me an offer of only £60 so i declined it, within a few days I recieved the console back but it was loose in a cardboard box. No packaging, no manuals or anything.

I contacted MM and they informed me that the packaging would most likely have been recycled.

Surely until I accept their offer tha packaging is my property?, did they have any right to destroy other people property?

I have asked them and it's been escualated to their customer complaints but I've heard nothing in over a week now and anytime I tweet them they just say "Oh I'll make sure they contact you asap"

[CLL1]

Re: MusicMagpie destroyed my property

Blimey. Not a great service from them!

I would image that, until a price is agreed, the property is held by them on trust and to your order. I say "imagine", because I haven't ever used their service so I don't know what their Ts & Cs say.

The problem is, of course, proving they caused the damage.

[des8]

Re: MusicMagpie destroyed my property

Yes, the original packaging and manuals will remain your property .
They are the bailees and have certain responsibilities.
Not only will you have to show they were sent to MM, you will need to quantify your loss ie how much are those packaging and instructions worth?
How do you put a value on them?

[Smartdaz]

Re: MusicMagpie destroyed my property

Yeah and they are still ignoring my emails totally. Only tweets get a reply and even then it's just "We'll send a note off to the department for you" thich they probably never do.

I do have an email confirming that they have recycled the box. They had the cheek to tell me "Well we don't usually expect people to send the original box with a used item". They don't say not to either.

Does anyone know the best way to start legal action on this? Perhaps a letter before legal? Also tempted to hit up trading standards since their website does not say "We partially send back your item" it says "We send back your item"

Blimey. Not a great service from them!

I would image that, until a price is agreed, the property is held by them on trust and to your order. I say "imagine", because I haven't ever used their service so I don't know what their Ts & Cs say.

The problem is, of course, proving they caused the damage.

- - - Updated - - -

I have proof of the collection, proof of them recieving it and also proof of me declining the offer and also them confirming they had already recycled the box.

I could use ebay as a guideline as empty boxes can fetch £30 easily, manual not so sure about.

Yes, the original packaging and manuals will remain your property .
They are the bailees and have certain responsibilities.
Not only will you have to show they were sent to MM, you will need to quantify your loss ie how much are those packaging and instructions worth?
How do you put a value on them?

[Kati]

Re: MusicMagpie destroyed my property

T&Cs - http://www.musicmagpie.co.uk/terms-and-conditions/

[Smartdaz]

Re: MusicMagpie destroyed my property

I'm not really sure what you're showing me here. I've read the t@c and didn't see anything about packaging not being returned. Am I missing something?

T&Cs - http://www.musicmagpie.co.uk/terms-and-conditions/

[Kati]

Re: MusicMagpie destroyed my property

I'm not really sure what you're showing me here. I've read the t@c and didn't see anything about packaging not being returned. Am I missing something?

no

I've put the link here so the Beagles to see them xx

[Smartdaz]

Re: MusicMagpie destroyed my property

Ohhh ok then. Thought I was missing something then

no

I've put the link here so the Beagles to see them xx

[CLL1]

Re: MusicMagpie destroyed my property

I'm not really sure what you're showing me here. I've read the t@c and didn't see anything about packaging not being returned. Am I missing something?

I think that was for the benefit of me and others. Let me have a gander, I'll post back in an hour or so.

[CLL1]

Re: MusicMagpie destroyed my property

Important Clauses:

9.1 - allegedly, title of the property transfers at the point MM receive your item;

12.1 - when using their services, your item is insured to the value of the Valuation, and applied to MM returning your item (Clause 17.1)

14 - this governs damaged items, and is worth looking over.

16.4 - where revised valuation is rejected, item will be returned to customer.

I'm interest to read that they attempt to transfer ownership of the property to themselves, and I'm not convinced that's entirely do-able.

Personally, my argument would be that throughout their Ts & Cs, they refer to "the item", which is defined as theitem you want to sell. On a plain reading of the contract, it must be the item that you send, including any boxes and manuals.

I'd be interested to research the transfer of ownership a little more, personally.

What are other people's thoughts on this? They allege transfer of title at the point they received the item, but not transfer back!

[CLL1]

Re: MusicMagpie destroyed my property

Clause 9.1 is in line with general legislation on the point (s.2(1) SGA) but haven't checked relevant provisions of CRA (assume it's there somewhere).

On that basis, and that the contract is rather clear, MM became the owners at the point they received the Xbox. However, no consideration was given in relation to the portion of your property they retained.

[CLL1]

Re: MusicMagpie destroyed my property

Best argument is that plain interpretation of the contract governs just the console, not thebox, so no ownership in the property transferred.

No ownership = no legal right to dispose of.

Perhaps a letter before action would prompt compensation for your loss?

[Smartdaz]

Re: MusicMagpie destroyed my property

I phoned up MusicMagpie and highlighted all the points you made CLL1 and I'm happy to say they were very quick to pass me on to someone else who apolgized and instantly made me an offer of £30 compensation for the box.

I was happy to take that as to be honest that is roughly what the box is worth if I had sold it or the extra value it would have added to the console.

So I want to say a massive thank you to all of you for the help and for a great result

[CLL1]

Re: MusicMagpie destroyed my property

Excellent. Well done.

[des8]

Re: MusicMagpie destroyed my property

That was good and quick
Went out for a couple of hours and come back to find all sorted.
Well done and wish all problems could be solved that quickly!