Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I am a goung artist and sent my first canvas to a buyer. I wrapped it in layers of bubblewrap and then paper and then Brown Paper. I wrote Fragile on it several times and this was accepted by Royal Mail and ultimately ParcelForce.
The Buyer recieved the £150 Canvas with £10.99 posting fee's and insurance with scratched canvas.
Initiallt ParcelForce refused to pay so of course I wrote a letter and sent it (this is the only way you can contact ParcelForce Worldwide Claims Department) via letter. I have now recieved a reply stating that it was all my fault. This man tell's me how it should have been packaged. I to a degree agree that in future I will package more securely however they accepted the parcel. I also took out an insurance at cost and now they won't pay. I need this money and they cannot damage good's and then refuse to pay. I hope this to be true.
Is there anythign I need to be doing? Further Letters?
The insurance isn;t that - it is a compensation scheme (a different thing!) and if they deem that the goods were not sufficiently packed and were damged, they will not settle, blaming the poster. Further, sending ANY artwork by their service I would be certainly apprehensive - they do not have a good reputation for this, and the minimum pscksging would be a tube (for a rolled canvas) and strong box if framed.
Because they are the arbiter of what is 'adequate' packaging - and you readily admit this was deficient - I doubt if you could do anything other than appeal (nicely) but if they don't, there's no further appeal.
All Canvases bought are in a frame/stretchec this is how you paint on them and so a tube would not be possible...I will send in a box in future although I have to admit it is difficult to obtain cardboard boxes if you think about it...
I have not admitted to them at all that my product was packaged incorrectly. Can I not lodge a formal complaint with some external body? ParcelForce can surely not be there own arbiters as ultimately why would they ever pay for any claims. That's insanity. I took out insurance in case this kind of thing happened. That is what I pruchases it for. So why would it be disconnected from the total compensation of the total amoutn lost from the destrucition of the canvas and posting costs.
Boxes are easily sourced in all shapes weights and sizes. Search on ebay for them. There is no other appeal route - short of taking them to the Small Claims Court. The point I was making was that you admit to yourself that the packaging could have been better, PF's decision is probably the right one...
I am then probably going to take them to the small claims court. Can you advise me or prodive any perosnal informaiton on this? I cannot just allow them to destroy my artwork and not compensate for that and allow them to be their own arbiters.
Because you are suing PF, you are better placed as there is no 'crown immunity' but you will need the item and packaging as evidence, and be prepared to pay not only for raising the action, but paying their costs should the court find against you. (Max of £80).
That is upsetting. This whole thing is upsetting. The Buyer does has the art as this was stated by PF that they needed to check the item when one makes a claim. So I left it with her and I do not have it nor any chance of getting it back I imagine.
That's not the issue - they know you posted it! You need to show evidence that the level of packaging was adequate for the purpose, and the item so that the damage to it can be assessed. Without both, you'd be wasting your money.
If PF had lost the item then the packaging wouldn't be available.....and who keeps packaging? My view would be that they accepted the parcel in the packaging......
Are you having to refund the buyer? If so they should return the item to you.
If PF lost the item, they would have paid out - simple! As for who keeps packaging - anyone who intends to rely on a subsequent insurance claim needs it. Without it, any claim isn't just in danger of being rejected, it WILL be. Further, all this information is provided within PF's T&C's.
but read the T+C's as many things are not included
if a Post office take extra and its not a coverd item then you need to get your money back from them as you have been miss-sold this extra.