UPS / Packlink / eBay damage claim denied

[oshkosh]

I'll try to keep this short and lay out the facts in bullet points:

 

Dec '20

- shipped an item that was sold on eBay (non-trade sale) with UPS that was transacted via Packlink.

- Extra compensation was purchased.

- Item weighed approx 20kg and was clearly marked to this effect on the outside

- UPS damaged the item in transit. Buyer had to be refunded full purchase price.

- Contact was made with UPS via email and after protracted back and forth they denied any responsibility saying eBay was liable.

- Filed a claim with Packlink which was obviously dismissed with any explanation given.

- Proceeded to make a County Court claim against UPS (claim amount £210) on the basis that I am entitled to damages under Contracts (Rights of Third Parties) Act (claim form attached)

- UPS respond and deny the claim in its entirety (defense attached together with UPS T&C's)

- County Court send a Notice of Proposed Allocation to the Small Claims Track with a mediation form

 

Aside for the issue of the claim being made to the incorrect company name, does UPS' defence hold any water and can my original claim still be upheld based on the Contracts (Rights of Third Parties) Act? 

 

Claim text.pdf UPS Defence.pdf UPS T&Cs.pdf

[BankFodder]

You won't be able to claim for lost time.

Please monitor his thread for a fuller reply tomorrow

 

 

[BankFodder]

You've been here since 2013 and it's a shame you didn't come to see us first about this because we could have helped you make a cleaner job of it.

I'm afraid that the time you are claiming for is probably not recoverable because it won't fall within the permitted category of economic loss that you could reasonably claim for. – Unless you have got very good evidence to show that the loss of the item affected your ability to work et cetera and that this was easily foreseeable.

You haven't told us what the item is.

In terms of their defence generally – it really seems like a load of stuff strung together and is really quite unnecessary – especially when they are simply trying to defend against a claim for £210 – although you could probably any reasonably expect to get £150.

I don't see that they have got any basis for denying you the benefit of the Contracts (Rights of Third Parties) Act 1999. You have posted up a set of the terms and conditions but I hope you don't expect anybody here to start going through all the small print to isolate the bits that either you are relying on all that they say they are relying on.

Maybe you be kind enough to isolate the paragraph that you think is relevant and post it up here.

[oshkosh]

@BankFodder I appreciate what you're saying, I was following a different thread with a very similar set of circumstances and was trying to use the same process.

 

The item shipped was a small home safe. Small but heavy. 

 

The T&C's I posted were sent to me by UPS as part of their defence so I posted them as they were referenced by the defendant. Probably none of it is relevant.

 

Is there a point in going for mediation here? Or follow through with Contracts (Rights of Third Parties) Act?

[BankFodder]

Especially as the value of the claim is so low, you should certainly go to mediation. It is most unlikely that it will go any further than that but you will have to be prepared to give up the £70.

It is unrecoverable anyway and it may allow them to save some face. However, don't give any ground on the rest of it or your court costs

[oshkosh]

Thanks. Will keep you updated.