I need serious advice please!

I bought online a mattress for kids but wrong size,

so had to return it at my cost to the seller.

I used an online platform http://www.uship.com to advertise for the delivery job.

I got a driver quote and paid deposit to uship.

The driver came to pick up mattress

i received him well, very likeable guy.

After a few days, he cut off communication and so i had to approach uship.

They tried to get in touch but no response.

The whole project cost £300.

I have texted him,emailed and phoned in vain.

Yesterday,

after 3 weeks of texting and emailing,

i borrowed a phone from a friend and phoned him.

He picked it 'unknowingly' then had to say he has been busy will call me later.

He didn't and been calling again and text for past week, no response.

Now, my dilemma,

the guy runs a delivery business,

I have all communication trail with him including his bank details and address.

Why would he risks this for £300...

in addition whom do i report to(never had deal with the police)?

I have enough evidence including cctv footage from my house.

He has a limited company which he runs the delivery business from and so have his trading address,

and his other details like bank accounts and phone numbers...

my other worry he might be using different names as the bank he gave to transfer money was under a different name.

I appreciate I might probably spend more financially and on time

- but I am interested to bring him to justice so that he doesnt do this to others.

Advice much appreciated

how did you pay?

dx

how did you pay?

dx

I'm going to guess "by bank transfer":, as:

and his other details like bank accounts and phone numbers...

my other worry he might be using different names as the bank he gave to transfer money was under a different name.

Hi paid a deposit to uship.com by bank transfer and the rest to him by bank transfer as well.

I was hoping not.

so no way of getting the money back via your bank

I will gather it wasn't delivered back and this is why you've come here and the retailer wont refund you till it does appear?

TBH if you do a company search I bet the bod has changed co name numerous times to avoid paying court judgements?

Hi

Have a look at there Guarantee: https://www.uship.com/learnmore/guaranteelearn.aspx

So I would try invoking their Guarantee and remember your item was not Damaged it was not delivered/lost, nothing to lose.

I was hoping not.

so no way of getting the money back via your bank

 

I will gather it wasn't delivered back and this is why you've come here and the retailer wont refund you till it does appear?

 

TBH if you do a company search I bet the bod has changed co name numerous times to avoid paying court judgements?

============================

True, this was not delivered to the seller and am sure the return timescale now gone.

I am coming here to find out any other options that i can get remedy either from the delivery company

(which i guess still operating as exisit on companies house and got a van)

- surely i thought can successfully pursue this through small claims court but wanted to check.

I will post here some of the info I have received from Uship,

fobbing me off saying they are just broker...

I will read their guarantee link posted

Any help on best course of action to delivery company/driver?

post 6?

did you try?

Hi

I tried approaching Uship on the guarantee issue as invoked above

- but got some automated message below.

I need to go after the driver/van owner meanwhile,

do i need to do pre action protocol letter too?

==================================

Please have your legal representative email [email protected] for anything else.

uShip is a neutral online marketplace where shipping customers and service providers can connect and enter into agreements.

We’re not a transportation service provider, freight forwarder, or broker.

We’re not involved in the actual transactions between members.

We can’t prequalify or verify the accuracy of listings,

the ability of service providers to transport shipments,

or the ability of shipping customers to coordinate shipping.

Likewise, we can’t ensure the timeline or completion of shipments booked through out site.

This excerpt from our User Agreement provides a more detailed explanation of our role and limitations.

uShip is a Neutral Venue and Digital Clearinghouse.

uShip is not a Transportation Service Provider or Shipper.

Our website acts as a venue where shippers and TSPs can interact and enter into agreements.

uShip is not a party to any shipping agreement made between uShip members via the uShip software platform.

As a result, we have no control over the quality, safety, or legal aspects of the transactions that take place on our website.

uShip does not prequalify or validate the claims of TSPs including with respect to their licensure, insurance and registration,

nor does uShip prequalify or validate the claims of brokers including those related to compliance with the Moving Ahead for Progress in the 21st Century Act (MAP-21).

uShip does not endorse, recommend or refer any specific TSP or shipper,

nor does uShip have any control or influence over actions or decisions made by users of the service.

All users of the uShip platform make their own decisions and You acknowledge and agree that we are not in any way arranging transportation services on your behalf.

Because we are not involved in the actual transaction between shippers and TSPs,

we have no control over the accuracy of listings, the ability of TSPs to transport items, or the ability of shippers to send items.

We cannot ensure the shipper or TSP will actually complete a shipment.

We cannot and do not guarantee the ability of members to complete or fulfill any services booked through the uShip platform.

Furthermore, due to the difficulty of individual authentication, especially on the Internet, we cannot and do not guarantee the verification of any member’s identity. Any identity verification methods we employ are strictly on a best efforts basis and should not be solely relied upon by our members.

You acknowledge and agree that any and all communications, correspondence, verbal or written or by electronic means, or any warranties or representations, made with regard to the arrangement of transportation services are not provided by us and are specifically and solely between You and the other member.

For more information, please consult our Safe Shipping Guide. Let me know if you have any questions at all.

I’m happy to help.

Kind Regards,

Aaron H. | Team uShip

you need to write a letter outlining what you want him to do

giving 14 days before you then issue the 'letter of claim'

[which is almost the same letter just with a Letter of claim title]

Thanks you very much. Let me do this now and then i will update. I dont need to follow this guideline https://www.consumeractiongroup.co.uk/forum/showthread.php?153324-Pre-action-protocols-and-CPR?

you need to write a letter outlining what you want him to do

giving 14 days before you then issue the 'letter of claim'

[which is almost the same letter just with a Letter of claim title]

I believe its now

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

I believe its now

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

Which applies if the OP is suing the driver as an individual or sole trader, but

“He has a limited company which he runs the delivery business from and so have his trading address, “ : not if the OP is suing the limited company.

The OP needs to unpick who / which entity they’ll be suing to ensure:

a) they are going after the right target

b) that they’ll also be able to enforce any judgment against,

c) that they can then also use the correct pre-action protocol.

Thanks guys I will post here shortly a letter i have done

is this format ok, and info needed to be added on?

Letter of claims

9 xxxx House

xxx Crescent

xxx,

xMT xxxx Ltd

xxx Colches

Dear XXX

Reference: Uship undelivered mattress

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

I used an online platform http://www.uship.com to advertise for the delivery job requiring a return of a wrong sized mattress to Blackburn. You won the bid, and I paid into your account a deposit of £XX.70 through uship platform and the rest £XX through the account you had given me in different names as L xxxx, Sort Code xxxx Acount XXXX.

On XXX2017, you picked up the mattress from my residence. We agreed you will deliver the mattress to the seller within the timeframe requested. However, as you looked such an honest guy, I never worried to chase you even when tracking showed you haven’t moved an inch from your base in Colchester!

On XXX/17, I contacted you to check on the progress of the mattress and you indicated you were in Birmingham and someone wanted to buy the mattress and if I was fine with the new developments. I said I will consider it provided it was within my mattress sellers’ refund period – this to us was a win-win situation. However, from this conversation it has been difficult to get a proper outcome of the mattress i.e. delivered or sold?

I have ever since texted and called in vain – I once changed a mobile phone number to call you, and in this instance you picked up the call unknowingly but you briefly spoke to me and promised to call back – you haven’t weeks later.

From you, I am claiming a full refund of my mattress and associated costs or irrefutable evidence of delivery to Unit xxx, Ives Rd, Blackburn xxxx.

I have calculated this sum to be £250 without including other debt recovery cost

Listed below are the documents on which I intend to rely in my claim against you:

• Telephone and Email transcripts

• Uship legal department statements

• Uship portal information/logs

• Bank transactions

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

• Evidence of mattress delivery to xxxx, Blackburn xx BX

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 14 days.

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

Yours faithfully,

=============================================

Which applies if the OP is suing the driver as an individual or sole trader, but

“He has a limited company which he runs the delivery business from and so have his trading address, “ : not if the OP is suing the limited company.

 

The OP needs to unpick who / which entity they’ll be suing to ensure:

a) they are going after the right target

b) that they’ll also be able to enforce any judgment against,

c) that they can then also use the correct pre-action protocol.

Hi good people? Is this letter sufficient? Do i have to include attachment as per new pre action protocols? Let me know if i need to make any corrections on the letter

is this format ok, and info needed to be added on?

Letter of claims

 

9 xxxx House

xxx Crescent

xxx,

 

xMT xxxx Ltd

xxx Colches

 

Dear XXX

 

Reference: Uship undelivered mattress

 

As it has not been possible to resolve this matter amicably, and it is apparent that court action may be necessary, I write in compliance with the Practice Direction on Pre-Action Conduct.

I used an online platform http://www.uship.com to advertise for the delivery job requiring a return of a wrong sized mattress to Blackburn. You won the bid, and I paid into your account a deposit of £XX.70 through uship platform and the rest £XX through the account you had given me in different names as L xxxx, Sort Code xxxx Acount XXXX.

 

On XXX2017, you picked up the mattress from my residence. We agreed you will deliver the mattress to the seller within the timeframe requested. However, as you looked such an honest guy, I never worried to chase you even when tracking showed you haven’t moved an inch from your base in Colchester!

 

On XXX/17, I contacted you to check on the progress of the mattress and you indicated you were in Birmingham and someone wanted to buy the mattress and if I was fine with the new developments. I said I will consider it provided it was within my mattress sellers’ refund period – this to us was a win-win situation. However, from this conversation it has been difficult to get a proper outcome of the mattress i.e. delivered or sold?

 

I have ever since texted and called in vain – I once changed a mobile phone number to call you, and in this instance you picked up the call unknowingly but you briefly spoke to me and promised to call back – you haven’t weeks later.

From you, I am claiming a full refund of my mattress and associated costs or irrefutable evidence of delivery to Unit xxx, Ives Rd, Blackburn xxxx.

 

I have calculated this sum to be £250 without including other debt recovery cost

 

Listed below are the documents on which I intend to rely in my claim against you:

• Telephone and Email transcripts

• Uship legal department statements

• Uship portal information/logs

• Bank transactions

 

In accordance with the Practice Direction on Pre-Action Conduct I would request that you provide me with copies of the following documents:

• Evidence of mattress delivery to xxxx, Blackburn xx BX

 

I can confirm that I would be agreeable to mediation and would consider any other system of Alternative Dispute Resolution (ADR) in order to avoid the need for this matter to be resolved by the courts.

I would invite you to put forward any proposals in this regard.

 

In closing, I would draw your attention to paragraphs 15 and 16 of the Practice Direction which gives the courts the power to impose sanctions on the parties if they fail to comply with the direction including failing to respond to this letter before claim.

I look forward to hearing from you within the next 14 days.

 

Should I not receive a response to my letter within this time frame then I anticipate that court action will be commenced with no further reference to you.

 

Yours faithfully,

 

 

 

 

 

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