Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder MoonBuggy Novitiate

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    Default Parcelforce Damage Claims

    Hi, I am just hoping that someone might be able to to give me some advice here.

    A parcel I sent with Parcelforce was damaged in transit - having spent a few months going back and forth with the claims department I finally had an inspector visit and had a reply from Parcelforce saying that while they acknowledge that the parcel was damaged, there is no visible harm to the packaging so they have rejected my claim. I am obviously going to appeal this, but I'm looking for advice on what exactly to say in my letter.

    I used the manufacturer's standard shipping box, which is very robust - you can easily drop a decent cardboard box from 2 or 3 metres or more (plenty of shock to destroy even the most well-packed contents) without leaving a mark if the large, flat face lands on a flat surface. I plan on saying this to Parcelforce, but really I don't know what else I need to point out to them. Any help would be very much appreciated.

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  2. #2
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    Default Re: Parcelforce Damage Claims

    If the contents are damaged but there is no visible signs of damage to the exterior packaging then it almost always means that the interior packaging was insufficient.

    What was the item, and how was it packaged?

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


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  3. #3
    Basic Account Holder MoonBuggy Novitiate

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    Default Re: Parcelforce Damage Claims

    It was an Apple computer, and was packed in all of the original shipping packaging (there are several moulded polystyrene inserts to hold and protect the computer inside the box). Basically it was packed exactly how Apple would've done when sending it out.


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    Default Re: Parcelforce Damage Claims

    Well firstly, if you've re-used the packing materials then it is obviously weaker than when it was new due to the stresses and strains already applied. Secondly, just because Apple pack it in that way does not necessarily mean it is sufficient to protect it.

    In what way is the computer damaged?

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  5. #5
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    Default Re: Parcelforce Damage Claims

    It seems to have taken some kind of jolt that's damaged the motherboard, leaving it unusable.


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    Default Re: Parcelforce Damage Claims

    In all fairness You couldnt expect a parcel to go through the system without having a 'jolt'. If there is no visible damage to the packaging I think you may have a very hard time proving liability.


  7. #7
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    Default Re: Parcelforce Damage Claims

    Hi MB,

    Is there any background to this - have you sold the computer, sent it off to the buyer and it's arrived not working. Or some other scenario.

    Who has diagnosed the damage to the motherboard. Was no opinion given as to how such damage occured. Have you an estimate for repairing the damaged.

    Who now has the computer.

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    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

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  8. #8
    Basic Account Holder MoonBuggy Novitiate

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    Default Re: Parcelforce Damage Claims

    I sent the computer and it arrived not working, I refunded the buyer's money and had it returned to me. I know that anything will take bumps in transit, but I believe some of the BGA chips have come loose, implying a jolt of significant force. Like I said in my first post, if you drop a cardboard box on its flat side it can withstand an awful lot of shock without deforming.

    Because of the cost of replacement hardware for Apple machines, replacement would cost about the same as the total value of the machine.

    Parcelforce have not said anything about the packaging being inadequate - all they said is that there is not any evidence that the computer was damaged while in their care.


  9. #9
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    Default Re: Parcelforce Damage Claims

    Hi MB,

    From all I've read here, I think you have to decide whether to press PF for compensation, possibly by a court claim, or not.

    In your favour, PF have agreed package was damage. I don't see how they can acknowledge this, yet deny liability BECAUSE of no visible sign of damage to packaging mats.

    Against you, I guess you have no expert report suggesting poss cause of damage to computer, nor do you have proof that puter was working when sent.

    Poss evidence in your favour would be if you sell and send puters on a regular basis using PF, with this being the ONLY problem encountered.

    As with banks (reclaiming chgs from them), you have to show you're determined (willing to take court action) or they won't take you seriously and will deny liability.

    Link 1. OFT Debt Coll'n Guide - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf
    Link 2. Checking your credit Agreement - http://www.consumeractiongroup.co.uk...greements.html
    Link 3. Interest Tutorial - http://www.consumerwiki.co.uk/index....erest_Tutorial
    Link 4. OFT Guide re s.78 CCA1974 Requests - http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/OFT1272.pdf

    Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

    If I've been helpful, please click my scales.
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