Legal advice please.....

**Taz** · 7th December 2007, 18:27

I took a parcel to my local NZ couriers agent to send to Tauranga. Handed parcel to staff member, said "I'd like this parcel delivered to Tauranga" Lady said that will be $14. I paid. Parcel got delivered. Today I received a bill from the couriers agent requesting another $25 as parcel was apparently under ticketed. Therefore a Parcel weighing around 5kg will end up costing me $39!! I would not have used NZC if quoted that price at the time. I believe that I am not liable for this excess charge due to the fact that a contract was entered into and accepted by both parties when the quote was given and the quoted amount was paid.
Am I right?

Andy.

**Mole_C** · 7th December 2007, 18:32

Yea you're right. There mistake, there loss. Both parties agreed to the payed price.

**Sully60** · 7th December 2007, 18:32

No legal advice required, just don't pay.
You were asked for the fee by one of there operatives at the time so this is all you should pay.
I take it you just gave this person the package with the name and address ready to go just needing a courier ticket? If this is so and they put the ticket on it then tough shit, it's their problem not yours!

**Oakie** · 7th December 2007, 18:33

Yeah. I'd go along with your 'contract offered and accepted argument' ... unless there is something on the docket or terms of use allowing them to charge further were they screwed up. Stand your ground. I mean, what are they going to do? Un-deliver the parcel? Institute procedings for $25?

**davereid** · 7th December 2007, 18:44

Tell em "ok, bring the parcel back, refund my money and I'll send it via an honest courier"

**rainman** · 7th December 2007, 21:33

Originally Posted by davereid

Tell em "ok, bring the parcel back, refund my money and I'll send it via an honest courier"

Well put, and a great approach.

I'd just tell 'em to eff off.

**huck farley** · 7th December 2007, 21:45

Not your problem old son it's theirs. It will be the courier the other end bellyaching. Don't even give it another thought. You are in the right on this one. If they get heavy tell them that you are seeking the ombudsman's advice. It will then die a natural death.

**Usarka** · 7th December 2007, 23:02

one note of caution if they send it to debt collectors you then get it on your credit history record. make sure you deal to it before then.

**Kittyhawk** · 8th December 2007, 06:22

They charged you the price agreed. And since it was not advertised at the correct price, then they are liable.

It's like buying something from the supermarket, and the ticket price is for example on sale but the item is not. By law the customer is entitled to the item at the price which is advertised on the ticket.

If there is no disclosing information on your docket, then the priced it was scanned/quoted at upon agreement is the correct price.

Their loss.

Take it up with a supervisor, if no luck, complain to management. Im sure management have better things to worry about than a small uncharged fee like that.

Don't give up bitch bitch bitch

**ElCoyote** · 8th December 2007, 17:01

Originally Posted by Usarka

one note of caution if they send it to debt collectors you then get it on your credit history record. make sure you deal to it before then.

Agreed, make it clear that you have asked for, and received legal advice (even though that is untrue). That usually stalls any follow up. But convey that to management not the monkeys on the phones.

**Taz** · 8th December 2007, 18:24

Thanks Everyone.
All good replies. I will write a letter and address it to the owner of the shop i question stating clearly why I am not liable for the said amount with a few quotes from the fair trading act thrown in.
Thanks - Andy.

**P38** · 8th December 2007, 18:28

Courier companies can be bastards.

Dont take that shit from them!

They quoted a price for their service (Offer), You Paid (Acceptance) and said Parcel got delivered (Consdieration). Sounds like a contract to me. End of story!

I'd ring the theiving bastards up and ask for the National Manager.

Be calm.
Be polite.
Advise the Manager that someone in his company is attempting to extort money out of you using their company stationary and you wish to alert them to this before you take it to the police.

Bet you get an apology.

If not ask for a written copy of their Complaints/Disputes proceedure.

If he's getting the better of you

Ask him "Has he met Kevin Milne" (Fair Go) what ever he answers say "Would you like to"?

Hold onto your reciept just in case they think they can take it further.

What ever you do "Do Not accept you under paid. Do Not agree to pay anymore"

Good Luck

**Taz** · 8th December 2007, 18:34

Thanks P38.
I'm not dealing with the courier company as such but with their agent in our small town which is the local newsagent/stationery store. They have obviously been hit with a charge from NZC for underticketing and have tried to pass that charge on to me. Wasn't getting anywhere with the pleb on the phone so will send a notice to the owner of the shop and tell him what has happened and what I think of the staff he hires and his training procedures. It's not like he sells anything I can't get elsewhere.

**HenryDorsetCase** · 8th December 2007, 22:05

Originally Posted by P38

Courier companies can be bastards.

Dont take that shit from them!

They quoted a price for their service (Offer), You Paid (Acceptance) and said Parcel got delivered (Consdieration). Sounds like a contract to me. End of story!

I'd ring the theiving bastards up and ask for the National Manager.

Be calm.
Be polite.
Advise the Manager that someone in his company is attempting to extort money out of you using their company stationary and you wish to alert them to this before you take it to the police.

Bet you get an apology.

If not ask for a written copy of their Complaints/Disputes proceedure.

If he's getting the better of you

Ask him "Has he met Kevin Milne" (Fair Go) what ever he answers say "Would you like to"?

Hold onto your reciept just in case they think they can take it further.

What ever you do "Do Not accept you under paid. Do Not agree to pay anymore"

Good Luck

I concur with my learned friend. although the offer is them saying "we will get it delivered for $X", your acceptance is you saying "mkay", the consideration is you paying the money, and performance is them delivering the parcel. The contract in fact has been fulfilled!

**HenryDorsetCase** · 8th December 2007, 22:06

Originally Posted by Anthrax

Thanks P38.
I'm not dealing with the courier company as such but with their agent in our small town which is the local newsagent/stationery store. They have obviously been hit with a charge from NZC for underticketing and have tried to pass that charge on to me. Wasn't getting anywhere with the pleb on the phone so will send a notice to the owner of the shop and tell him what has happened and what I think of the staff he hires and his training procedures. It's not like he sells anything I can't get elsewhere.

the phrase "crack addled fuckwit monkeys" can be useful in conversations like this.