Packlink/UPS have lost my parcel.

[Mickymetal]

On 5th March I used Ebay's  Packlink service to send a parcel via UPS. The value of the parcel was £238.80. The parcel was insured. It contained 6 phosphor bronze rings. (To satisfy my customer I have had to re-order the rings and have them delivered direct to him by my supplier).

 

To date despite telephone calls and emails (copies kept), I am unable to get an answer from either company to say that they will recompense me for my loss.

 

Looking through threads on this site it seems that trying to get Packlink to admit fault is very difficult. I therefore intend to send UPS an email and recorded delivery letter giving them 14 days notice of court action in the small claims court.

 

Could someone check that my letter of intended action is correct please? See below:

 

"On 4th March I entrusted you with a parcel for delivery. Parcel Tracking Number 1ZV827Y16808047577. This was collected the same day but has never been delivered. Despite email and telephone conversations you have failed to recompense me for my loss.

Unless the sum of £238.80 is paid within 14 days I will commence a small claim action to recover my loss".

 

Here's hoping this may do the trick. I look forward to your reply.

[BankFodder]

I think your starting position is that you should make a claim through UPS using the usual claim process. Of course they will knock you back and they may well refer you to Packlink – but the important thing is that they knock you back.
It's that point that you send them a letter of claim.

Your letter of claim is fine. Don't forget to head it up "letter of claim" and then when you eventually sue them – as you surely will have to – make sure that we see your draft particulars of claim before you issue.

Begin your claim process against UPS – and let us know what happens and will see if your letter of claim needs to be refined at all.

Make sure that you read around on the sub- forum about all the stories – mainly Hermes – but the principles are broadly the same. Make sure also that you read around on this forum about starting a small claim in the County Court.

[Mickymetal]

Many thanks for coming back so quickly. 

 

Just to get things straight in my own mind, the sequence of events now is:

 

1. Send UPS a letter asking for payment for the undelivered parcel and giving them 14 days?

2. Await their response.

3. Dependent on their response send letter of claim? 

4. Await outcome and then commence County Court proceedings?

 

Thanks

 

Mike

[BankFodder]

Not quite.

Step one send them the letter and then wait a reasonable time. Maybe 14-days but don't lay down any deadlines in your letter.

 

When you think they've had enough time which might be 14 days then send them a letter and tell them that you've waited long enough for their reply and you are now giving them 14 days after which you will sue them

[Mickymetal]

Hi Bank Fodder

 

Following on from my letter requesting payment, dated 12th April, I have received 2 communications from UPS. One is dated 13th April basically saying that the investigation was still ongoing and to contact eBay. The second dated 14th April a Delivery Notification, confirming the parcel was lost and for me to re-open the investigation. I have not replied to either. Copies of both below.

 

As the 14 day period I gave them has now expired, do I go straight into filing a suit at court (which court)?

 

Can I claim interest on my loss? I assume all costs will need to be added to the claim.

 

I look forward to your reply, many thanks in advance.

 

Regards

 

Mike

 

 

 

 

[BankFodder]

Sorry but please can you post these documents up in a single file PDF format.

Thank you

[BankFodder]

I understand that the message you have received is in response to your initial claim.

If that's what it is then you must now issue a letter of claim giving them 14 days to pay the money they owe you or else you will start a County Court action and without any further notice.

You should have read all of the stories on the sub- forum – particularly involving Hermes and you would know that this is the next step.

It's important you do all the reading so that you are in control of the situation and you are confident about what you do.

[Mickymetal]

Hi

Thanks for your responses. JPG files attached. I'm pretty certain that my route from now on is via the Court. Please confirm.

Regards

Mike

 

 

 

I would add that UPS have never contacted me, by phone or email.

[BankFodder]

Have you sent them a letter of claim? I don't think you could have done.

On the basis of the steps above, I understand that you probably accomplish step one and they have knocked you back.

Now you have to go to step two and send the letter of claim. You will be best off posting your draft letter of claim here so that we can check it.

While the letter of claim is going through its 14 days, you should be preparing your claim online and you should post up your draft particulars of claim here.

[Mickymetal]

Hi

Here is a copy of my intended "Letter of claim". Could you peruse and advise please?

Many thanks,

Mike

 

664119204_UPSletterbeforeaction.jpg.badcddd17b69b04e7c8fff37949c3227.pdf

[BankFodder]

We do need documents in PDF format please. I've converted this one for you

[BankFodder]

I think that all you need is

Quote

27A .21
letter before small claims court Ktion
Dear Sirs
UPS
Forrest Road
Feltham
Middlesex
TW13 70V
Reference: Parcel 1ZV827Yl6808047Sn. I have made requests for repayment of th1$ lost parcel, collected on 4" March. 1
wrote on 12'" April formally asking for payment. As of today's date yoll'hav-e not recompensed me.
As it has not been possible to resolve this matter amicably, and it Is apparent that court action may be nece~ry. I wr ite in
compliance wlth the Practice Direct\on on Pre·Action Col\duct~
Despite phone calls and emails you have failed to recompense me for my loss.
From you I am dalming £245.64

if you do not reimburse me within 14 days then I shall begin a County Court action against you and without any further notice

Yours faithfully

 

All the list of documents et cetera and the legal palaver is not necessary

[Mickymetal]

Many thanks. I have amended  my letter as above and sent it by recorded delivery. I will draft a particulars of claim in the next few days.

 

Regards and thanks again

 

Mike

[AndyOrch]

1 minute ago, Mickymetal said:

Hi

 

I think my "Claim Form" has been deleted because some figures were included. I have removed them and would ask that you confirm that changes/no changes are required.

 

Many thanks

 

Mike

 

 

No it wasn't deleted because of the figures..it was unapproved because it has your name and address and claim number showing......please always redact all identifiable data from uploads.

 

Andy

[Mickymetal]

Thanks Andy

 

I have removed all identifiers.

 

Apologies.

Court Claim.pdf

[BankFodder]

Are you making this claim online through the Moneyclaim website?

[Mickymetal]

I was going to do it the old fashioned way! Is it easier through Moneyclaim?

[AndyOrch]

Issue fee is cheaper...more secure.....no trips to the post office...no stamps.....so yes easier on line.

 

 

.

[Mickymetal]

Great thanks. I will do it that way.

 

[AndyOrch]

Particulars require attention before you submit.

[Mickymetal]

Sorry, which particulars?

 

[AndyOrch]

Particulars of Claim (attached)(to follow)

 

On 4th/5th March a parcel was collected by UPS, the parcel number ... The parcel entered their delivery system and was not delivered. On 14th April UPS declared the parcel lost. Prior to this on 12th April I had sent them a request for payment. To date I have not received payment for my loss.

[Mickymetal]

Thanks, can you explain how I need to amend the particulars of claim, sorry if I am being a bit dim!

 

[AndyOrch]

A little more detail would help your claim .....the contents of the parcel the value...there are plenty of examples here in this forum of how particulars of claim should be structured.