Lost/stolen DHL parcel from China worth £850 but insured for $100

[only1carra]

Hi would really appreciate some advice before taking action against DHL.

 

On Friday I expected delivery to a DHL service point (access self storage Birmingham) for 2 parcels from China, total value of £850.

 

The sender in China has only covered them for $100 and it is impossible to gain compensation from them.

 

The tracking shows the parcels delivered to the access point,

however when I went to collect them,

the reception staff were not aware of any parcel delivery

and the signature does not match the name of any of the staff.

 

After speaking to DHL depot staff it became clear that the agency driver they used

had indeed dropped off the parcel but given it to someone who said "they work there".

 

It would seem this person was posing as a member of staff in order to steal the parcel.

 

is there anyway I can claim against DHL for the value of the parcel?

 

Any advice would be greatly appreciated

 

Many thanks

[dx100uk]

doubt it.

 

 

I suspect you were not the only victim?

 

 

dx

[BankFodder]

Sorry, but I disagree with the above.

 

Please read the discussion here:- http://www.consumeractiongroup.co.uk/forum/showthread.php?456708-Hermes-Extra-Charges-but-lost-Item

 

I think that this is a big rip-off area which needs to be explored

[silverfox1961]

I think this is slightly different to the link BankFodder posted. Based on the first post, I am assuming the seller in China arranged the delivery. If that is the case, you are not the couriers customer, the seller is.

If you arranged the courier, you are the customer and as such would have a claim.

 

This is opinion only and I could be quite wrong but I would need some case law to assist.

[aburobert]

Normally I would agree that it is the senders responsibility to make a claim if anything goes wrong with a delivery - after all the contract is between the sender and the courier company.

 

But IF you can prove the item was in DHL's care in the UK then I think you have a claim against them for negligence. You will need copies of a genuine invoice showing the items value - if you paid customs dues the receipt for these will help to prove the item was in the UK and thus in DHL's care. If you have not done so print out the tracking history - courier companies seem to have a habit of deleting this once there is a problem.

 

From the point of purchase and payment I believe the goods are technically yours so you are making a claim for DHL not taking proper care of your items whilst in their care in the UK.

 

I have had something similar occur before with a shipment from Ireland worth a couple of hundred pounds that the sender did not insure (the insurance was probably worthless anyway). The sender refused to reimburse me and I really had no inclination to chase him through the Irish legal system so I tackled the courier company and got as far as a LBA when we negotiated a settlement. Unfortunately I cannot name and shame them due to a gagging clause in the settlement I received.

 

You may find DHL will settle before court as they may not want this grey area fully tested - it may open the floodgates for similar claims. If you do go the LBA and Small Claims route be fully prepared to carry through as many courier companies ignore threats of action as too many threaten action and fail to do anything. They quickly change their attitude when the claim form is received from a court. Most are pragmatic and will weigh up the costs of taking you on in your local court and the costs of settling quickly. Usually it is cheaper, quicker and easier for them simply to pay up. A lot will IMHO depend on your determination to carry any action through.

[only1carra]

Normally I would agree that it is the senders responsibility to make a claim if anything goes wrong with a delivery - after all the contract is between the sender and the courier company.

 

But IF you can prove the item was in DHL's care in the UK then I think you have a claim against them for negligence. You will need copies of a genuine invoice showing the items value - if you paid customs dues the receipt for these will help to prove the item was in the UK and thus in DHL's care. If you have not done so print out the tracking history - courier companies seem to have a habit of deleting this once there is a problem.

 

From the point of purchase and payment I believe the goods are technically yours so you are making a claim for DHL not taking proper care of your items whilst in their care in the UK.

 

I have had something similar occur before with a shipment from Ireland worth a couple of hundred pounds that the sender did not insure (the insurance was probably worthless anyway). The sender refused to reimburse me and I really had no inclination to chase him through the Irish legal system so I tackled the courier company and got as far as a LBA when we negotiated a settlement. Unfortunately I cannot name and shame them due to a gagging clause in the settlement I received.

 

You may find DHL will settle before court as they may not want this grey area fully tested - it may open the floodgates for similar claims. If you do go the LBA and Small Claims route be fully prepared to carry through as many courier companies ignore threats of action as too many threaten action and fail to do anything. They quickly change their attitude when the claim form is received from a court. Most are pragmatic and will weigh up the costs of taking you on in your local court and the costs of settling quickly. Usually it is cheaper, quicker and easier for them simply to pay up. A lot will IMHO depend on your determination to carry any action through.

 

Many thanks for the above replies.

I fully intend to see the case through and claim what is rightfully mine.

I just want to ensure I actually have a case first

[BankFodder]

Sorry but I don't agree with the previous two posters.

 

I think that you have a direct right of action in contract against DHL under the Contracts (Rights of Third Parties) Act 1999 http://www.legislation.gov.uk/ukpga/1999/31/contents