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    • Tangliss, if you can't upload the letter, could you tell us what the heading is please? My understanding is it should say 'Letter before claim' or similar. HB
    • Do you think I should send the CCA request now then instead of waiting? I really can do without the stress. Any advice would be appreciated. Thank you for responding.
    • How was the "receiver" appointed and what is their role? Appointed by the lender under the terms of their security on the loan (sometimes referred to as "LPA Receiver")? Or are they acting for you in insolveny? What's the current role of the agent?
    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
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Parcel2Go - UPS - huge impact damage, NOT normal handling!


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I sent 2 identical parcels with UPS on parcel2go.com.

 

Each parcel contained 2 car alloy wheels.

 

Packaging used was strong cardboard box, with extra cardboard, thick paper scrunches and foam separating and surrounding the wheels inside - I’ve sent Wheels all over the world with this exact packaging in these exact strong boxes.

 

The wheels arrived with 2 massively buckled. To do this damage while driving you’d have to hit a kerb head on at a pretty great speed... or drop the parcels from a substantial height, straight onto the rim edge.

 

The boxes were split where they’d been dropped.

 

The damage is SEVERE structural damage, that could only have been sustained by a great impact, ie a very high drop.

 

Raised a claim, parcel2go come back 2 weeks later saying the packaging was insufficient as there was no internal bubble wrap.

 

I explained that internal packaging is irrelevant as the impact was so severe that no amount of bubble wrap would have prevented that damage due to the couriers negligence.

 

I have told them there WAS internal packing too but regardless such severe structural damage to such a strong item could only have come from negligence.

 

They have made some ridiculous suggestions such as the damage occurred from the normal bumps of transit, then later said that the courier did not cause the damage.

 

They simply don’t answer my questions and just repeat themselves with statements lacking in any common sense or understanding of the physical forces it takes to smash a strong aluminium wheel - NOT normal scuffs and bumps of transit.

 

No doubt the courier has been negligent here, they should not drop parcels this hard. Talking to parcel2go.com is going nowhere, their argument is wrong and defies physics.

 

What should I do next? Proving negligence is easy - the resultant damage could simply not have been caused without it. The force required to bend the rim to such an extent is quite easily quantifiable, many kiloNewtons... not to be expected in careful transit/handling.

 

Totally unacceptable!

 

Very grateful for any advice. And beware, consumers!

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the you need to put this to them formally in writing and tell them what you expect them to do, namely compensate you for your loss as the damage was not caused by normal activity but by negligence on their part and so outside the scope of their contractual constraints. Tell the the cost you wish to recover and let them know that you will use civil procedure to recover your losses that resulted from their tort

 

If you can calculate the force required to damage the rim ( approx as packaging was involved so assume that force applied was greater) then tell them this as well. If the forces required to bend the rim are very great compared to a freefall drop then that shows that the parcel has been thrown with condsiderable force and such actions can only be deliberate even if the damage wasnt. So damage caused by the driver braking hard is still their responsibility as his driving style is clearly to blame unless they can show he had to brake hard becaue of someone else's actions and that menas you need to see the dashcam evidence to support this explanation.

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Hey ericsbro thanks for the reply.

 

Update: parcel2go.com has just accepted the claim “as goodwill”, which is a step forward, but they are only offering the basic cover as I didn’t pay for extra insurance.

 

Now, a couple of things:

 

1. Can I reasonably ask for more based on the undoubted negligence of the courier? I was happy with basic cover as the wheels are very strong and well packed, so the only possible damage if the courier acts with care as they are supposed to would be minor cosmetic damage which the basic cover would likely cover.

 

2. I believe parcel2go.com may be profiting from this situation as I think UPS offer £50 per parcel as standard, so if parcel2go were to only give you £20 and keep £30... clearly not fair, but can they do that?!

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what is the value of the damage? Who did you agree a contract with? If with parcel2 go it matters not what they get from UPS as long as you get your money from them. Now your argument is about a common law tort rather than a contractual issue so again what their terms say arent really relevant. As they have accepted they have a case to answer (regardless of the goodwill bit) the you need to be clear what is acceptable to you to discontinue your recovery of your losses. If they offer £30 for a £100 wheel I wouldnt be accepting that even if they say that UPS wont give them more. They decided on who they gave the job to, not you.

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Hi I think the cost of repair is going to be around £250, the value of the wheels is well over £1000 and the used sale price was £700.

 

Contract is with parcel2go.com.

 

They have thus far offered £20 compensation plus refund of the original parcels price. So nowhere near the damage value.

 

I’ve looked at the civil procedure so thinking a clear letter before action now. Can I do it by email or MUST it be all by letter post?

 

Cheers ericsbro and I welcome anyone else to chime in!

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