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Parcel Monkey - Courier Legal issues

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  • Parcel Monkey - Courier Legal issues

    Hi there,

    I'm trying to work out where I stand from a legal point of view in regards to the company Parcel Monkey (A courier comparison booking site)

    So basically I booked a courier collection through parcel monkey which in turn was through UPS. (So my contract is with parcel monkey and theirs is with UPS from what I understand) I had many issues with them collecting the item as according to UPS the collection was not booked or paid for. Unfortunately parcel monkeys customer service is awful and after a lot of confusion and me having to arrange and pay for the collection myself the item was eventually collected. I spoke to them on the same day requesting they refund the fee I paid and showed them the receipt. They disputed this so I asked them to cancel the order and refund. They stated the item hadn't been collected and they cancelled the order and refunded me.

    However the item continued to progress through the network and was eventually delivered, but a couple of weeks after they charged me £80 and said my item was nearly twice the declared weight? I contacted them and told them the order was cancelled so I am not liable for the charges anymore as they terminated our contract when they cancelled. (Obviously I dispute the weight too but that's another issue)

    Can anyone tell me where I stand from a legal point in trying to recover this money?

    I have attached a link to their terms and conditions: https://www.parcelmonkey.co.uk/terms-and-conditions


    Kind Regards
    Tags: None

  • #2
    How did you pay for the service? Direct Debit / Credit Card?

    You are covered by The Consumer Rights Act 2015 (Amended).

    https://www.legislation.gov.uk/ukpga...ted?view=plain

    Comment


    • #3
      Originally posted by echat11 View Post
      How did you pay for the service? Direct Debit / Credit Card?

      You are covered by The Consumer Rights Act 2015 (Amended).

      https://www.legislation.gov.uk/ukpga...ted?view=plain

      Well this is another issue...I used my Zilch mastercard to pay for the original order which is a card which provides cashback on purchases etc. And they used this same card to directly charge me the £80. So they charged Zilch and Zilch charged me if that makes sense?

      Thanks

      Comment


      • #4
        You can point out that they chose to deliver after accepting your cancellation, instead of making the goods available for you to collect.

        NB, take a look at clause 9.3. These companies apply a formula based on both weight and volume. See https://parcelbroker.co.uk/help/what...or%20of%204000).
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          Originally posted by atticus View Post
          You can point out that they chose to deliver after accepting your cancellation, instead of making the goods available for you to collect.

          NB, take a look at clause 9.3. These companies apply a formula based on both weight and volume. See https://parcelbroker.co.uk/help/what...or%20of%204000).
          Yes I have read a lot about this Volumatic weight issue, but I feel I don't want to go down that route just yet as the order was cancelled and I should no longer be bound by the agreement/contract?

          Comment


          • #6
            I included that second paragraph for information. My first paragraph in the quoted post applies.

            You may do well to ask the credit card company to make a chargeback or refund under s75 Consumer Credit Act 1975.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              Originally posted by atticus View Post
              I included that second paragraph for information. My first paragraph in the quoted post applies.

              You may do well to ask the credit card company to make a chargeback or refund under s75 Consumer Credit Act 1975.
              Thank you, I have considered this but what information should I include as evidence for the chargeback?

              Comment


              • #8
                Originally posted by DreamX View Post


                Well this is another issue...I used my Zilch mastercard to pay for the original order which is a card which provides cashback on purchases etc. And they used this same card to directly charge me the £80. So they charged Zilch and Zilch charged me if that makes sense?

                Thanks
                Contact Zilch / Mastercard (I believe), do it in writing, make sure you get Proof of Postage, explain what's transpired, ask them for a refund.

                Comment


                • #9
                  Originally posted by DreamX View Post

                  Thank you, I have considered this but what information should I include as evidence for the chargeback?
                  FYI a chargeback applies to debit cards, not credit cards and doesn't allow you to hold the credit card company jointly and severally liable as under s.75 of the CCA. Most credit card companies usually have a form to complete.

                  I think you're right that your primary argument is that the contract was cancelled and the goods should have been returned. If ParcelMonkey failed to communicate that to UPS who then delivered the parcel then that's not your problem and any expenses should be borne by ParcelMonkey.
                  If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
                  - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
                  LEGAL DISCLAIMER
                  Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice.

                  Comment


                  • #10
                    Originally posted by DreamX View Post

                    ...I had many issues with them collecting the item as according to UPS the collection was not booked or paid for. Unfortunately parcel monkeys customer service is awful and after a lot of confusion and me having to arrange and pay for the collection myself the item was eventually collected. I spoke to them on the same day requesting they refund the fee I paid and showed them the receipt. They disputed this so I asked them to cancel the order and refund. They stated the item hadn't been collected and they cancelled the order and refunded me...

                    Kind Regards
                    Couple of questions:

                    1. When you say that you had to "... pay for the collection myself [and] the item was finally collected..." are you certain that the collection was the one you paid for and not the one you had already arranged with Parcel Monkey? Do you have any evidence supporting that?

                    2. Have you got written evidence (email or whatever) from Parcel Monkey confirming that the original contrcat had been cancelled and when it had been cancelled?

                    Comment


                    • #11
                      Originally posted by Manxman View Post

                      Couple of questions:

                      1. When you say that you had to "... pay for the collection myself [and] the item was finally collected..." are you certain that the collection was the one you paid for and not the one you had already arranged with Parcel Monkey? Do you have any evidence supporting that?

                      2. Have you got written evidence (email or whatever) from Parcel Monkey confirming that the original contrcat had been cancelled and when it had been cancelled?
                      Hi,

                      Sorry for the slow reply as I was away...

                      1) So basically it's a really long story but in a nutshell according to UPS parcelmonkey had failed to book the collection or pay for it. I kept telling them this but they didn't do anything about it. UPS said if I wanted to book the collection I'd need to cover the collection cost of £6.50 myself which I eventually did. I then contacted parcelmonkey telling them I had to fork out the collection cost which they would have to reimburse, but again it was like talking to a brick wall which is why I told them to cancel.

                      2) Yes it was all done via live chat, so that states the order was cancelled and then later the total cost refunded to myself.

                      Kind Regards

                      Comment

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