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Found 27 results

  1. Please advise Parcel2Go have lost a laptop I was returning to Argos for a full refund, They have lead me a merry dance with lots of excuses and won't compensate. What now please?
  2. Hi, before Christmas I sent a laptop through Parcel2Go. I did not buy insurance because I usually think it's a waste of time dealing with claims if something goes wrong - and it has never gone wrong. Until now. They lost the parcel which I had to open a claim for, after which they found the parcel to my relief. Hermes who was the carrier, then tried to attempt delivery to the recipient and found that they were out (I have been in communication with the person I sold the laptop to the whole time). Hermes left a note ( I have a picture of this note) saying it was unsafe to leave the parcel anywhere - IE. the front garden . On the second delivery attempt, Hermes decided to leave it in the front garden ( I had to penetrate through Parcel2Go's chat system to gleam this information, as they did not leave a note this time!) of the recipient which happens to be in a dodgy London area on a main street (my recipient tells me, and sends me a photo too). The parcel goes missing, and I've had to refund my buyer for £240. I have already sent a 'Signed For' letter before action via Royal Mail to Parcel2Go and am counting down the 14 days. I would just like a bit of advice on what sort of grounds I have to go against them - I know that they have broken the contract by not delivering the parcel. And if it goes as far as court - some idea of what I need to go into court - ie an argument etc..
  3. Hi All, I'm here for some advice, I recently purchased a bike frame from eBay and arranged for a courier to collect it, as it was a collection only item. The parcel arrived on the specified date but the frame has suffered irreparable damage and is unusable. The frame is no longer available so is not easily replaced without significant additional financial outlay on my part. I purchased insurance cover and have been offered the following two settlement options: 1.) Approx. 70% of the purchase price and I keep the frame, or 2.) 100% of the purchase price and I hand the frame over to them. I understand that under the CRA 2015 I'm entitled to a price reduction and can claim for consequential losses, as the service was not carried out with reasonable care so I've counter-offered: - full refund of the cost of the service paid for plus the additional insurance (£39.98 total) - 100% of the purchase price, and - I retain the frame They've responded stating that the settlement offers above are all that is on the table and they will not consider refunding the cost of the service because: "We did in fact collect the item on the day you specified and then delivered the following day as per our agreement. So in this case we cannot refund the courier costs as we have fulfilled the contract agreed." However, they clearly did not carry out that service with reasonable care. My queries are: 1.) Are their settlement offers reasonable? 2.) Is my counter-offer reasonable? 3.) How should I proceed? Thanks in advance. Dan
  4. Hello! I have won a bid on eBay for a heavy, bulky item and in the listing the seller stated: "· Please only bid if you have a big van to transport · Have at least 2 really strong people to carry, preferred 3 strong people. As it is extremely heavy. o IF this two points are not met, I will not give access to the property, as I don’t want anyone dragging the bed out of it by damaging my floor boards. I won the bid, paid instantly by Paypal, as stated in the listing and THEN the seller said they didn't accept PayPal but would only accept cash on collection. It's a 2.5 hour drive away and based on the seller's threat to refuse entry I wanted to hire a professional and insured firm to collect, the seller suggested I bank transfer payment and refunded my PayPal payment. I hired a firm, having spent a good deal of time getting the ones with the best customer feedback who could meet the sellers requirements of "after 6.30pm during the week or weekend collection" and the movers stated they are insured but did not state for what exactly. I paid by bank transfer just now and the seller has contacted me saying "Please them know. if they do scratch my wallpaper, they have to pay or get this sorted" Grrrr - if this item wasn't quite rare and such a bargain, I'd tell the seller to shove it and buy elsewhere but to save things from becoming a massive pain in the rear for me - what can I do to ensure that if the couriers do cause damage I don't have to deal with this seller to get it sorted? Who is liable if they cause any damage? I have sent the courier the eBay listing AND contacted the manufacturer of the item to find out the weights of each of the elements of this big and bulky item if it does, who would the seller have to sue, me or the courier? Thanks in advance for your help JunieJ
  5. Hi, and thanks for your organisation! 6 weeks ago I ordered a PayPal card reader for use on the market (I'm a part-time trader). Here is the order info; Seller information PayPal Payments Pte Ltd +44 8003589448 Invoice ID 131723 Note to PayPal Payments Pte Ltd Order: 131723 Purchase details PayPal Chip card reader£37.50 Tax£7.50 Total£45.00 The number +44 8003589448 mentioned above is the one that tells me my claim has been dismissed. I didn't receive it, so I made a PayPal claim. They dismissed it, as the courier had delivered it. However, it was signed for by a J Kilsby at 11.50 on 15.15.2017. We were at home at that date and time, and nobody called j Kilsby lives here. I've tried to challenge the claim but get thrown out by the automated system. I've sent several emails but had no reply. Any advice on what to do next will be gratefully received!!!!
  6. A mate in a company liveried van was attempting to deliver a parcel to an address, where a bailiff was hammering the door, the bailiff wanted to take the parcel, courier refused as he said bailiff was not adressee, bailiff asked couriers name, he refused, told courier would be done for obstruction and wrote down van registration number, what are the chances of plod following this up The bailiff frightened the excrement out of him he ran back to the van put the parcel in and drove off after leaving a calling card? I told him no chance parcel technically is not owned by occupier until signed for.
  7. Hi folks I was wondering if I may get some advise from you guys, if possible. I bought a Dell desktop PC direct from Dell around 6 months back, but it was delivered damaged by Dell's local courier, I called Dell to come and collect the damaged desktop for a replacement. it took them ages, almost a phone call to Dell everyday for more than 2 weeks, to respond and finally I called and told them to collect the units and provide a full refund. Dell finally arrange collection last month, 5months after I first contacted them, from their side and the desktop was collected. almost a month after their collection was completed, Dell contacted me via email and said instead of a desktop that they should receive, they had received a laptop from me instead! Before anyone raised any eyebrows if I am at fault, the desktop weighs around 15kg. The laptop Dell mentioned they received is only 2kg. I can't believe this big discrepancy where Dell is asking me why I send a laptop, of which I never had in the first place. I called the courier who came to pick up the unit and they have registered 10kg on their system, which is another discrepancy. All the math doesn't stack up along the courier transition to end. Therefore from (A - collection from my side of 15kg) thru to courier warehouse (weigh 10kg, have Dell instructed them a unit weight of 10kg to save costs? I don't know) then to Dell depot (B - and after almost 1 month after receipt, they received a 2kg item????) I had called Citizen Advice to seek advice and been told about - Consumer Rights Act 79 - ADR etc From my layman term, I would like some advice from kind folks of what I can do? a.) In the case if Dell still insist they received a laptop, how will I be liable or am I liable ? I am not sure how they are going to explain the weight discrepancy going through the courier transition b.) Citizen Advice says I may need to prove what I send? However, Dell is the one who arrange collection and somehow stupidly I trusted their arrangement. Does the collection proof of receipt suffice much? c.) Is there any place or dept that I can raise this issue against Dell's incompetency on their courier logistics? But trying their luck to possibly seek compensation from customers? Would appreciate any advise from kind souls to help me lessen this grievance I am facing with Dell.
  8. Good day! i would like to ask for an advise. Lately, my laptop is having a hardware issue, and it is still under warranty. So I have contacted the Laptop Company (MSI) about it and they have arranged to have it collected from my home to have it checked and repaired. MSI's service provider contacted me that they are the one who are going to check the laptop and they have arranged a courier (DPD UK) to collect it. My laptop was collected 2 days after by the DPD UK, and it was properly package as instructed to be sent to the Repair Center. 8 days after, thinking that my laptop is getting fixed. the Repair Center contacted me that they have not received my laptop and they are waiting for the courier company to contact them to find out what happened to my laptop. So i contacted the courier company as well, and they told me that the package was Lost in Transit. The courier company told me to get back to the Repair Center and advise them to contact the Courier Company's Claims Department to process a claim. when i phoned the Repair Center, they were not very helpful at all and they just told me to "Wait until the result of the investigation". Not very happy about the answer, i contacted MSI, and give them details of the incident. I also emailed them about it. I got a reply stating that they are passed it to the higher office. Can someone give me advise about the issue? Thanks!
  9. Hi everyone I'm having a battle with my meat company and am not getting anywhere. They are refusing to accept responsibility and won't refund me for the cost of the ruined meat and are holding on to my credit balance when I cancelled the account one month ago and whilst I am convinced I am in the right I don't know that I am. What happened was that during the summer the courier left my meat order with neighbours that I am not very friendly with and on that occasion they signed for the meat and promptly went out for the rest of the day. After that I asked the meat company to please ensure my meat was never left with those particular neighbours. In addition the company ask for a safe place to be designated. I have a wonderfully safe place in my rear garden shed, which is completely hidden from the street, and the company claim to honour your chosen 'safe place' but all of this year FedEx have only once bothered to go to my garden shed and have persisted in leaving it with those neighbours. I started only booking in a delivery when I knew I could wait at home all day but last month my work was postponed by a week and I was left with no choice than to not be at home. On this day FedEx delivered my predominantly fish and chicken order to those blacklisted neighbours and then FedEx did not leave me a delivery note to tell me that is where it was. I emailed the company at 7pm to say I had not had the expected delivery and the next morning I had to call the office again as they had not responded. They then told me that the meat had been left with those blacklisted neighbours and as I was working an hour away from home I could not go to the neighbours until the evening when I got home - which was 7pm again. I went to the neighbours house and they had kept my meat in the living room for some 30 hours and the room was like a furnace it was so hot. All the meat had defrosted. £91 worth. The neighbours knew it was meat but clearly didn't feel any responsibility for it even though they had signed for it. Ultimately I hold the meat company responsible because they knew I did not want my meat being left at that house. They are saying that they can't be responsible for their courier, they say that on their website. But I think its unlawful because I provided a safe place with excellent instructions (and they also say on their website that they will leave it at any safe place of my choosing and so being out need never be a problem!) which they ignored. I specifically requested that my meat never be left with these particular neighbours because of previous problems and they told me on the phone that they understood this but have done nothing to stop it happening again. I have told them I was not left a note and FedEx is saying they did! I have been sending them regular emails over the month and last week I wrote to them to tell them that if it was not resolved, and me fully refunded by 1 January 2016 they I would complain to the Consumer Ombudsman. Even if they don't want to refund me the meat, surely they should have returned the £90 that I was in credit by in my account before I closed it? Please can anyone advise if the Ombudsman is the way to go and if I should feel entitled to a full refund? Thank you
  10. 3-4 weeks ago I sold an integrated amplifier (Bang & Olufsen Beomaster 6500) in a perfect working/cosmetic condition via ebay (130 pounds). Unfortunately it was damaged in transit as those guys from Hermes probably decided to play basketball with my item at their depot. "Very sad to say it looks like it has been thrown around in transit. The top of the case is loose on the right hand side, and the 'gap' between the lower chromed panel and the top panel (on the front) has a 2mm gap at the left and a 6mm gap at the right. Additionally one of the side corners is bent as though it has been several times dropped. Sadly, it doesn't even power up to test!!! So the bump must have dislodged something" (from buyer's description) So this is what happened to my amp regardless of the fact that it was wrapped up in a ridiculous amount of bubble foil, placed in a sturdy box covered with some other extra layers of protective foil inside and here was FRAGILE sign on the cover indicating sensible and wary carrying. I ended up losing 130 +13 (p&p costs) =143 pounds as I had to provide my buyer with a full refund (via paypal). Obviously I submitted a claim through Hermes site (I had insured my item for 100 pounds while placing an order) and obviously it was rejected by them because "the contents of the parcel(in my case integrated amplifier) are excluded from compensation for damage" Now I've just found the following words of wisdom: "no matter what their terms may say a carrier cannot disclaim liability for loss or damage which occurs as a result of the carrier failing to exercise due care in carrying out the contract. The consumer has a right to expect reasonable care to be taken, only if that care is taken and the item is lost or damaged despite that, the carrier's terms can stand." So perhaps someone can help and give me an advice if I have a good grounding to fight back with Hermes? And if so is Small Claims the only possible way to do it? Thank you in advance, Michal
  11. I sold an item on ebay, marked as collection only, and my buyer chose to send a courier to collect. I agreed to this to facilitate the sale - yes, everyone has told me this was a mistake. Buyer made all the arrangements, using Shiply - that was her mistake! Courier duly collected the item - a hand-carved coffee table sold for £250 - but has never delivered and will not return emails, texts or phone calls. In short, he has gone AWOL and taken my table with him. Ebay, of course, have taken £250 off me again and given it back to the buyer. Neither of us has the table. So how do I recover the goods? My buyer seems either unable or unwilling to trawl through her emails to find her booking confirmation, but in the meantime I have found his name (though I suspect it is false), email address, phone number, a copy of his terms and conditions, the city he is based in, and I have his van make and registration. What I don't have is an address, or my table, or £250 Can any one advise me on my next move.
  12. hi all, long story short: i sold an item on ebay listed as 'for parts not working' as it was broken. buyer didnt like it so they wanted to return it, the reason was that it was 'broken'!. ebay case found in the buyers favour and it was sent by collect+ couriers to be returned to me. i never received the parcel, i phoned collect+ and they said it is with a neighbour but no signature. i've asked the neighbours and no one has it. i've phoned ebay 26 times (no exaggeration) over 2 weeks at work during my lunch hour - on one occasion i was on hold for 55miutes!....on the first call ebay contacted collect+ and verified that i havent had my item back...so now each time i phone them they say they will cancel the 'reimbursement fee' that i 'owe' them from my account...i have received messages/ebay stating this but the fee hasnt actually been removed...hence why i have had to phone back 25 times...all i get is the same thing "sorry it is an admin error and we will now remove it"....it doesnt happen and i keep getting emails to pay the fee. i know they are just blagging me. what can i do? thanks for any help.
  13. Hi, I order a bike collection from a courier. The bike wasn't dellivered but I only notice 15 days latter (because the delliver was to be in a friends home in UK) The courier told me they lost the bike and they are looking for it. They also told me that I should made the claim until 7 days after the dellivery date. They have this info on their terms and conditions. Is this 7 days period to claim valid or the comon law override this terms? Thanks, and sorry for my bad english.
  14. I’ve been researching into ‘typical’ courier terms and conditions, with a particular interest in liability clauses. I’ve long been of the opinion the majority constitute unfair contracts and a shirking of responsibilities at the expense of consumer rights. What annoys me more than anything is the tendency for couriers to imply consumers require (and should pay for) additional insurance against loss, theft and damage. In my opinion if any of these eventualities occur it is as a result of negligence and (or) failure of the supplier to exercise reasonable care and skill. It is for the supplier to arrange their own liability insurance for such eventualities and neither fair nor reasonable to expect the consumer to be made responsible for supplier negligence. To this end I am particularly fond of point 18.2.3 in the OFT, which among other things states that “The supplier should not make the consumer his insurer”. For the purposes of this post I have analysed CityLinks terms and conditions which I assume to be typical of most. I have highlighted each clause which I believe to be at odds or at least questionable according to the OFT Unfair Contract Guidance. Please note the following are not the FULL terms and conditions provided by Citylink, they are merely the ones I deem relevant or dubious: The corresponding sections from the guidance are: I also felt the following section was useful for when the supplier tries to push toward the subcontractor (perhaps if you used a parcel broker service) I hope people find this useful when taking these organisations to task.
  15. Hi, I purchased a wrought iron second hand bed surround from Ebay. I live in Orkney I arranged my courier AJG parcels to collect the item from Leeds and deliver it to me. They used another courier APC to collect the item and deliver it to their Inverness depot. It arrived there damaged. AJG delivered it to me and I signed for it and it was signed for as damaged. The driver told me to ring AJG in Inverness. I have just rung them they have told me that APC do not cover second hand items and so I have no claim. I was not informed this when I arranged for the collection and was not aware that AJG used different couriers. The bed is very well made from forged steel and it was bubble wrapped particularly the brass and ceramic finials on the bed ends. But despite this they have managed to damage both the top and bottom ends of the beds on the same side even managing to bend a thick screw about 6 inches long that held a finial in place. Both of the ceramic large balls were smashed, the brass finials are dented and one is missing along with its 6" screw and brass finial cap. It was an £800 bed originally. Do I have any rights as this is very careless almost deliberate mishandling by the courier?
  16. Hello there, I am looking for some advice on what I can do about Yodel a courier service having my parcel 'Disappear' To elaborate I ordered a few items from BodyBuild.com which is an American based company and they had said it should be delivered in 4-10 days something along those lines and gave me tracking details instantly very efficient service. After a few days I was tracking my parcel through DHL as they had the parcel to see it was moving it's way throughout the States and finally was brought into the Uk and delivered to a Southampton service centre. From there Yodel took over, here's where it all goes wrong. I take the morning off of work to receive my parcel, no drama I can do that easily, but to my astonishment the tracking had said that the parcel had been delivered at 10am. I had no knock, no card nor did my dogs even bark which is exactly what they do when the front door is knocked on. Nothing, I thought it's maybe the driver sending it through to say it's 'en route. I left it a few more hours, still nothing. My neighbours are a friendly bunch and the second they get a parcel of ours they always bring it over but neither of them had, and I still hadn't even received a card explaining where my parcel has gone, I contacted Yodel's 24/7 chat service asking them where it was and they claimed it was signed for and delivered which shocked me instantly as I still didn't have my parcel yet, somehow it's been signed for. Instantly I was advised to contact Bodybuild to dispute the delivery and again helpful as ever said that they would process a claim/ lost parcel investigation to find out where indeed my parcel has gone. This all happened on the 11th of October, I know it's only been a week but still the parcel was fairly expensive so it's annoying to say the least. after this week I had some advice from a friend who's a very knowledgeable businessman and knows literally everything about anything to do with business, and he said I should request to see the signature that's attached to the delivery as then I can confirm it's not mine and they would have it stored electronically I thought that this would be straight forward 24/7 chat ask them to see it yet, I'm not allowed. No matter how I asked for what reason they kept blocking me saying I would have to contact the supplier who wouldn't even have my signature. As they didn't directly send the package. and after a good 30 mins questioning how it went missing between Southampton and Basingstoke the woman on the other end presumably became as impatient and hostile as I was so she kept repeating the same things over and over being extra blunt to try and get me to stop hassling them. I was wondering what I can do as a consumer that has fell prey to such negligence, as it's pathetic really. Personally I believe the driver has signed for it themselves it's all too easy for them to get away with it but what can I do to help my case? how can I get what's mine and am i entitled to anything because of the sheer lack of customer service and poor business service? Thanks for any help Sam
  17. 3 Months ago I ordered 2 backpacks , wont say from whom as its not their fault although they refuse to take any responsibility for the rubbish courier they use. Had been working away from home for a week and came home to find a ticket from Myhermes saying parcel in wheelie bin ( a practice frowned upon by every other courier I use) well no parcel in bin , either stolen or the bin man just got an early xmas pressie , after 3 months , ( yes I was informed that Myhermes would take 90 days to investigate) I received an e-mail today saying I had left a note on the door telling the driver to leave it in the bin. difficult since 1) I did not know what day it was getting delivered , 2) I was away from home so could not have left a note,And as far as they are concerned that's it end of story , they do not seem interested in my side. the true side of the story, no goods , no refund (as seller believes that it was delivered) Anyone any ideas as what should be my next move. Worst courier service ever , customer service does not exist , DO NOT UNDER ANY CIRCUMSTSNCES USE THIS COMPANY
  18. Hoping someone can help! Expecting a parcel delivery and was out today, got home to find note through door from courier stating 'item at back door' How is this possible when there is a 5 foot double bolted gate stopping anyone getting to the rear of our home. Went to investigate and they have forced entry. The gates were put in place a few weeks ago after moving here to stop our dog getting out and to also stop people coming round the back of our house!! They are nothing fancy but good enough for what we required. Now surely, fair enough the courier tries the latch and cannot gain entry but to clearly see the bolts, bend the gate and force open the bolts is a criminal offence, unlawful entry/criminal damage etc surely!! The gate is now bent and difficult to shut and bolt/latch etc. So , so annoyed.....are they allowed to do this?? Good job there wasnt a dog in the back garden, assume if there was and it had taken the couriers leg off then they would sue us right??? Any help appreciated! x
  19. Quite a short one today. I had a computer monitor that I sold on ebay and needed to send it via a courier and after using ParcelHero a lot, I decided to see if they would take it as I know a lot of courier companies get funny about taking items with a liquid crystal display such as a monitor or TV. It was a Friday I sold the item and I know that Parcelforce take them but it meant going to the post office to drop it off or waiting until the Monday for them to collect it and due to its size, I wanted to get it sent asap so I called ParcelHero to double check that they have no problem sending an item of this type as I know that some companies can have issues with LCD displays. I also asked on their live chat and was told on the phone and the live chat that there is no problem with sending an item of this nature and the chap on the phone even checked with his manager and gave me the "I've sent items like this before with no issue, so yes we are fine accepting items like this" Low and behold and the item was damaged when it arrived to the buyer, so I called ParcelHero to get the claim process rolling, to which they refer me to a list of uninsurable items, of which yep you guessed it, LCD displays fall under it, so why was I told it would be fine for them to accept and send my parcel? They are a third party, who used UPS for the actually delivery of the item so I'm wondering where I stand now. If they had said "we can accept it, but if anything happens, it wouldn't be covered" then I would have quite happily gone with Parcelforce and spend the 5 minute drive to the post office, knowing that I would have been covered. I even purchased extra insurance/loss/damage cover to make sure the item was insured for its full value. Why would I do that if I knew I wouldn't get anything back? Hopefully someone can help Thanks.
  20. This is a speculative question, and I'm sure I've seen a post covering it but I just can't find it. I'm incredibly irritated by the fact that it is now common place for couriers to charge an additional insurance premium to protect against theft/loss/damage to the goods you post. Often this insurance is more than the actual delivery charge! They are asking you to take out insurance to cover their own negligence! Surely if they lose, damage or an employee steals it this is a matter for them to take up with their own insurance not for me to claim on my own! This be a breach of contract for which they would be liable up to the declared value of the goods surely? I concede you might have a battle on your hands but I'm convinced the law would be on your side and I'm convinced I saw a post to this affect.
  21. Apologies if something similar has been mentioned already, I've searched and found no similar situations mentioned previously. Moving home to an unfurnished place so needed a sofa. My other half saw one she liked on eBay and we used deliveryquotecompare to arrange a courier to collect from the seller and deliver to our new place. Checked reviews and made sure the courier had GIT insurance before accepting a quote. Arranged to collect and move the sofa. It arrived with a small tear on the rear near the floor which not really visible wasn't too big a deal. However, the courier succeeded in tearing another big foot long hole on the top of the sofa when unloading due to carelessness. He then tried to claim that it's not his responsibility, he is only responsible for damage whilst 'in transit' and that as he was stationary and it was at our address he is not responsible? He tried to offer free delivery (£60) and re-reimbursement of the fee we paid to make the damage 'disappear' and end the issue right there. Re-upholster a chesterfield for £60 can you?, my wife not unreasonably wasn't happy with that so he drove away. With our Sofa... 2 weeks later he still has it, is refusing to repair it, to deliver it or to re-imburse us the value. Hangs up on calls to try and sort it out and last time I spoke to him he said that he is going to charge us for storage. Driving away with the sofa is not far off outright theft and now has the audacity to even mention charging us for storage? Beggars belief! Does anyone have any advice for what I should do now? Thanks.
  22. I've used ParcelMonkey a few times recently; most recently I was arranging a return for the boss and PM came out cheapest on their bulk rate. No great surprise there, but what did pique my interest was the definition of 'perishable items' in their T&Cs -- as well as their no-compensation and prohibited items list. In their T&Cs (parcelmonkey.co.uk/terms-and-conditions) it reads (emphasis added): I couldn't believe it when I read that they'd defined designer clothing, apparel and accessories - over £250 in value, no less - as a perishable item! How is this justifiable? Subsequent Googling of other couriers' T&Cs with regards to perishable items yielded only the standard fare; foodstuffs, livestock or stuffed animals, etc. In addition, PM's "no-compensation carriage" list is bizarre (parcelmonkey.co.uk/prohibitedItems.php) and includes a mixture of reasonable and completely bizarre specifications with no promise of compensation should they be damaged. (Even if they're packaged correctly?!) This all strikes me as overly optimistic on their behalf and vastly overreaching; of course you have to consent to the T&Cs before you book a courier - so should a complaint ever arise over an item damaged or nondelivered they can just fold their arms and say "well, as you agreed, we hereby refer you to the response in Arkell v. Pressdram" and subsequently ignore you. Now whilst any company's entitled to state what it wishes or does not wish to carry on behalf of customers, if the individual couriers' own T&Cs are less restrictive than the third party broker (Parcel Monkey) would it not be arguable that their own T&Cs are unenforceable as the additional restrictions are arbitrary and, in some cases, punitive? I can't afford to send a laptop hoping it'll get broken to then file a test case, so I'm interested to hear what people think of all this from a purely academic standpoint. Are there any relevant precedents?
  23. Hi I try to present the case in a nutshell as it has been running for a while now: I booked a shipment at the beginning of July through a courier booking agent. Carrier was UPS. I declared its value correctly - approx £1120 at the time of shipping (due to exchange rate) and purchased additional insurance cover of up to £1500 when I booked the shipment. I followed the shipping agents packing advice guidelines 100% (bubblewrap around the item, fixing the item in a large corrugated cardboard box and filling the remainder with poly chips and other suitable packing material). The item arrived damaged abroad and the recipient declined payment. Since then the nightmare has started - first the booking agent forwarded the claim to UPS which were supposed to carry out an "on site inspection" of the damaged item at the recipient's premises. This has never been carried out, instead they relied on the recipients photographic evidence and verbal description of the damage. Then, some weeks later, after much chasing, UPS suddenly declined - suggesting inadequate packaging. One customer service representative even went as far as claiming the air-cushioning packaging used isn't fit for purpose. I rejected these claims by forwarding a technical failure test from one of the manufacturers, without any success. In the meantime some searching on the internet also revealed that UPS seems to be somewhat notorious regarding rejecting any claims. Anyway - then the shipping agent promised to raise it through their own Goods in Transit Insurance which turned out later to be a bit of a lip-service, as their GIT usually bases their decisions on UPS' decisions because they seem to attempt to reclaim the money from UPS then. As the shipping agent rejects any further action in that matter, despite already having pointed out negligence (based on the Sale of Goods & Services Act), I can only take it further through the small claims procedure - I would very much appreciate advice on: What to highlight in the "Letter before action"? How much detail to include in the letter before action? Which documents to ask for from the shipping agent? Whether negligence on their part - as in previous examples on CAG voids the T&C of the initial insurance purchased and makes the shipping agent liable for the damage in any case? Which timescale should I give the shipping agent to respond - obviously the whole process has already taken 3 months since the incident - can I simply set 7 days to respond or would that be seen as unreasonable? The booking agent also claimed that according to their GIT the item has to remain at the recipients premises till they have reached a conclusion - their published T&C did not state that in the first place and now that they rejected compensation it should not matter if I reclaim the damaged item, or not? Many thanks!!!
  24. Hi people, I am wondering if I can get some advice on what to do? I booked interparcel to collect sample dresses (I am a seamstress) for a client of mine and deliver them the next day before 12. They did not deliver the item and it took them until today to tell me that the couriers (TNT) have supposedly searched their depot and declared it lost. It was checked into the depot and given that it has bright purple packaging, I fail to see how it can have been misplaced. Just wondering what to do as I did not purchase enhanced cover, although I did declare the item worth £400, which is shown on my paperwork. It is my feeling that as they have already breached their contract by not delivering the item in the specified timescale, I should be able to claim for the full value. Any advice would be greatly apprecuiated and if it can be in non-legal speak that would be great as I don't think my brain can handle complex words today! Eleanor
  25. you got to love postal companies , been in all day wating for a packet got my delivery slot waited checked halfway through on the companies website . You guessed it they attempted delivery subsequently i managed to get someone to talk to and they contacted the driver who said they put a docket through a glass door . thats funny sinc ei live in a grade II listed cottage could'nt put a glass door in if i wanted to . Anyone think the courier wanted to finish early today but now hes got to come out again and deliver it
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