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toopoortoroleover

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  1. Thanks for the advice so far everyone. Sounds like we may be able to pursue this under English law, which feels like a better option. The money is in £, we're not talking about large amounts here so I don't think there is any declaration issue. Besides, I'd rather they sent it through and for me to get legitimately penalised by customs than blatantly ripped off by the courier! Does anyone know if the Lien would in fact be statutory, or simply contractual? For example, I've heard that mechanics can have a statutory lien on a car they've worked on?
  2. Apologies, I see where you're coming from now. The answer is yes, if you look at the small print in the T&C's it lists cash as a prohibited item. This is what they have referred to as being the item that breaches the contract. I have no argument that this is the case, and were it a small fee we'd pay it and learn - it's just that they've obviously seen the cash/new mobile phone/other stuff inside on the scanner and decided it's worth a try. I've researched the company and read other people's reviews, it turns out these people have done this to a lot of people for trivial things and the director has previous form. He keeps registering UK LTD companies, all involved in haulage/logistics, then dissolving them and re-opening something identical with a different name at the same premises - often following successful legal action by a client. Firstly, my priority is to get our stuff back, but I'm also conscious of this being a repeated cycle until someone puts a stop to it.
  3. Sorry, not quite sure what you're getting at re. 'Currency', can you elaborate? The main problem at the moment is I'm not sure if English law is relevant to the case or not.
  4. Hi guys, Again, thanks for being so on the ball here. They can't go and retrieve it from the depot - the T&C's state that the company have a 'statutory lien' on the parcel until payment is made. They've tried reasoning with the company on the phone but they don't want to know. the line is a very clear 'Pay up or we'll keep it'.The company are called 'Ekspresowe Paczki' on their website (all in Polish), but in all the paperwork they are referred to as 'Bluetrans', a company head-quartered in Gloucester.
  5. Hi, Thanks for the quick reply. No, there's no mention of what country the T&C's relate to at all!
  6. Hi guys, I'm new to the forum but let me say it's fantastic that there are resources like this available. My partner's parents sent us a parcel from Poland, using a courier company that appear to enjoy ripping people off. The parcel was kept by them on the grounds that a scan revealed it is carrying a prohibited item (nothing illegal I hasten to add - her parents hid a few quid in there to help us out, but turns out you're not meant to do that). they referred us to the terms and conditions, which in the small print states that you have to pay 20 times the initial sending price to get the parcel back, otherwise they'll keep it and sell the contents. They want HUNDREDS of pounds, it's a trick they seem to have used a LOT of times on other people. I've done some reading up on these clauses and am fairly confident that under English law we'd have a case, as it's a penalty rather than genuine liquidated damages. The problem is, I don't know which country's laws will be applicable! It turns out that the courier company is registered in England, and the T&C's have only their English address written on them. All prices on the website are also listed in GBP. is it English or Polish law that will apply? Could action be taken against them in either country?? On the one hand, the transaction was carried out in Poland and the the parcel is still here, on the other hand you've got the fact that they're an English entity (on paper at least). I only ask as I worry that the law protecting consumers may not be as stringent over there, and there respective countries' courts may well interpret the case differently. Any help will be greatly appreciated guys.
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