Loses suffered due to a company poor services

[rennai]

I contacted a freight forwarding agent(FFA) to ship a car oversea. But on booking the car at Port, I noticed car is not road worthy, I bought said car in the evening so I didn't observe its true condition.

So next day after booking I ring seller requesting for full refund, he accepted. I then ring FFA to cancel booking, he hesitated, I then ring shipping company, Grimaldi directly they said I could cancel it as my request is early and ship will depart in about 12 days. I ring back FFA and insisted he said ok but did nothing.

After a couple of days I rang FFA repeatedly he neither answered nor return my calls. The following week I rang his office tel, he answered and said my cargo was mistakenly shipped by Grimaldi, which was all lies.

When I refuse to pay shipping cost, company withheld Bill of lading so that I risk losing my wife belongings inside the booth of the car; my wife complained, so I was compelled to pay for shipping a car I didn't like/want; pay clearing cost at the other end, demurrage, etc amounting to about £2000. And on top of that the car would need so much work done such as new dashboard, tyres, gearbox, handbrake repaired, body work, paints, etc which will cost me a fortune!

I have sent text messages, emails and 3 letters to this company but no reply.

I will appreciate with thanks any advice or suggestion.

[andydd]

Not an area I suspect many here have experience of but doesnt sound like the company is giving you much chanmce to do anything other than start legal action.

 

You will need to check you have all the required documentation and correspondence and the T&C's, do they allow you to cancel bookings, etc.

 

Next step would be to send a NBA.

 

Why were your wifes belongings in the car ?, from my reading it was a car you had just bought ?

[rennai]

Not an area I suspect many here have experience of but doesnt sound like the company is giving you much chanmce to do anything other than start legal action.

 

You will need to check you have all the required documentation and correspondence and the T&C's, do they allow you to cancel bookings, etc.

 

Next step would be to send a NBA.

 

Why were your wifes belongings in the car ?, from my reading it was a car you had just bought ?

 

Hi Andydd, thanks for you reply. I put my wife belongings inside the car by myself after I bought car from seller. It's cost saving measure for us. Shipping company and ports authority allow this so far as it's personal stuffs, but they must inspect the stuff before booking, to ensure it's legal, and not items banned for sea export.

[rennai]

I have all documents but none mentioned cancellation of booking: do you think this will let down my case?

[andydd]

I have all documents but none mentioned cancellation of booking: do you think this will let down my case?

 

I would of thought there would be huge long T&C's dealing with cancellations, etc..There normally are for deliver/courier companies. The fact that it appears that no-one specifically said you cant cancell and that they admitted car was sent by 'mistake' would surely help.

[Kraken1]

shipping law is very complex. I don't think folk here are qualified to advise. Seek professional advice.

[rennai]

Hi All,

 

I'm now confused at Jurisdiction of court to hear this claim. I live in Scotland and freight forwarder agent is based in London. Court clerk in Edinburgh said it should be raised in London whilst the one in Aberdeen said I raise claim in Aberdeen sheriff court Scotland. I'll highly appreciate any advice on this please?

[martin2006]

Im certainly no expert in this area but i woukd have thought that if the FFA is based in london, then any shipping contract would be governed by the laws if England and wales. My money would be on issuing any claim in an english court rather than a scottish court.

[rennai]

Im certainly no expert in this area but i woukd have thought that if the FFA is based in london, then any shipping contract would be governed by the laws if England and wales. My money would be on issuing any claim in an english court rather than a scottish court.

 

hi Martin2006, it's not this thread; I've forgotten about this matter......I don't know the legal time frame to bring action against this comany.......it's about 2 years old, I don't think I can still sue this company

[steampowered]

It sounds like the basis of your case is that you instructed them by telephone to cancel the shipment, but they failed to do so?

 

If I've understood correctly, I think it will be difficult to bring a claim based on a telephone conversation that took place 2 years ago. Do you have any supporting evidence from the time (such as emails) confirming your instruction to cancel the shipment?

 

I'm now confused at Jurisdiction of court to hear this claim. I live in Scotland and freight forwarder agent is based in London. Court clerk in Edinburgh said it should be raised in London whilst the one in Aberdeen said I raise claim in Aberdeen sheriff court Scotland. I'll highly appreciate any advice on this please?

You could sue them in London as that is where they are based. The rules on jurisdiction allow you to sue them in Scotland if you prefer, assuming you were dealing as a consumer rather than a business.

[rennai]

It sounds like the basis of your case is that you instructed them by telephone to cancel the shipment, but they failed to do so?

 

If I've understood correctly, I think it will be difficult to bring a claim based on a telephone conversation that took place 2 years ago. Do you have any supporting evidence from the time (such as emails) confirming your instruction to cancel the shipment?

 

 

You could sue them in London as that is where they are based. The rules on jurisdiction allow you to sue them in Scotland if you prefer, assuming you were dealing as a consumer rather than a business.

 

 

 

thanks steampowered, I've text message confirming cancellation instructions. I'm now based in England myself.....so think I'll take England court option

[steampowered]

OK. Do you have a set of T&Cs from the FFA? Do the T&Cs say anything about cancellation?