UPS-Parcel2Go £3000+ 2-3days shipment delayed by 3 weeks + loss/stolen

[TOUMLondon]

Hello,

Just wondering if any one can advise on a situation where a shipment was expected from France which was due to be delivered 2 to 3 days later has  now taken 3 weeks and they are still unable to provide an ETA.

I received so far 3 boxes out of 5 but 1 box with half its content missing.

 

In the mean time i am losing my customers and orders are being cancelled by disappointed customers.
This was ordered on Parcel2Go UPS Express and paid ny Business Visa card, and Insurance wasn't taken.

 

Any advice in the matter would be greatly appreciated especially that i fear they have lost some goods in the value of £1000+ .

Thank you 

 

 

 

[BazzaS]

As this is a business to business transaction (from what you’ve posted), it will depend on the terms and conditions you’ve signed up to, rather than trying to apply consumer protection law.

If you declined insurance I doubt the terms will allow you to claim for consequential loss (the profit you would have made), unless specifically stated in the T’s & C’s.

Edited May 9, 2021 by BazzaS

[TOUMLondon]

Thank you for the advice but i wasnt concerned much about consequential loss but  rather concerned about the value of the goods in case these shipments were to be lost given that this is turning into a month almost. In terms of T&C, I just accepted the standard Parcel2Go T&C as on their site when shipping goods.
I should maybe add that we did a lot of shipping to various EU states in the last few years and have never faced such a chaotic situation since January 2021 with delays and now losses; we  also have the same issue with a second  shipment to Denmark with TNT this time.
Many thanks for any advice should these shipment never turn up.

 

 

[slick132]

Hi Toum,

 

Do you suspect some sort of fraud by the seller, or simply poor service by the courier.

 

Have you received confirmation that the seller has shipped and the courier has them in transit.

 

A bit more info would help, thatnks.

 

 

[TOUMLondon]

Hi Slick,

 

No it is the courier UPS who is to blame,  5 parcels were due to be delivered within 2 to 3 days but 2 weeks later I only received 2 boxes nomally and 1 box damaged and retaped during transit with half its content missing. I am still constantly trying to get some concret delivery updates from Parcel2Go and UPS but they keep promising to update me on the 2 other deliveries  in a few days and this has been going for almost 3 weeks.
Many thanks

[slick132]

Hi Toum

 

We really need more info, like :-

 

Nature of the goods you were expecting to be delivered.

What does the seller have to say about the failed deliveries and the delivery with missing content.

Are there still items you can track which may be delivered.

[TOUMLondon]

Hi Slick,

 

Apologies never received a notification.

Goods we were expecting were computer security software items units cost €6 and 600 units per box, and a total of 5 boxes.

The French supplier  only prepared and made the goods ready for collection by  our UPS which courier we booked on Parcel2Go.

So far we ve we have received:

1Z7R788R6837719438   delivered
1Z7R788R6820455021  delivered
1Z7R788R6821498242  delivered (content missing: €1062)
1Z7R788R6827223063  delivered
1Z7R788R6838287457  Not delivered

 

so far 1 shipment is still outstanding and their  online updates are all incorrect

 

Screenshot by Gyazo

GYAZO.COM

 

I hope that helps but any other question do feel free to ask me.

 

Many thanks 

 

 

 

 

 

 

[BankFodder]

All notifications are sent automatically. Have you sorted out being able to receive them yet?

 

It is essential that you respond when people post here and that you engage with this thread.

Otherwise you won't make any headway

 

Also I'm a bit puzzled because the heading that you used when you first posted indicated that the value of your lost items was £10,000.

[TOUMLondon]

Yes should be fine now, we ve had many important emails landing in the spam basket but will be keeping a closer look from now on.

 

 

 

Question:

Also I'm a bit puzzled because the heading that you used when you first posted indicated that the value of your lost items was £10,000.

 

Answer:

When we first posted about the isue we hadnt or hardly  received any deliveries only started coming in several days late 1 parcel at a time.

We were expecting 5 parcels, we received 4 parcels so far with 1 parcel missing content, and each parcel's content is is worth €3600.

 

 

[BankFodder]

Please monitor this thread for a full reply later.

In the meantime start reading the Hermes threads because it won't be very different.

 

Also please can you tell us what has been lost and values because frankly you have confused the issue on this point.

[TOUMLondon]

Hi BankFodder,

 

This is a summary of our 5 boxes.
Content of parcels: Computer Security software retail packs

Unit cost: €6 

Total quantity per box: 600 units

The cost value of each box is therefore €3600

 

1 - 3x Boxes delivered - ok 

2 - 1x box delivered damaged with 30% content missing: €1062

3 - 1x box still not delivered.

 

So far we have 

1 - A loss of €1062

2 - 1 box worth  €3600 unless they deliver it.

 

 

 

 

 

 

 

[BankFodder]

I don't want to hear about the boxes which you have. I only want to hear about the boxes which I've been lost.

please stop confusing things

 

Also I would like to have the losses itemized together with values.

 

Do you have evidence of the contents of those boxes and evidence of the values?

 

 

 

 

 

[TOUMLondon]

Parcel # 4: 

missing content:

177x software items

177x €6 = €1062

 

Parcel # 5: 

600x software item:

600x €6 = €3600

 

Yes we have all commercial  invoices from our supplier french company, and I was also confirm by Customs & Excise that all  boxes were customs cleared on 28 APR.

 

 

[BankFodder]

Thank you.

Presumably you have made a formal claim to ups and they have declined responsibility.

 

If that is the state of play then the next step will be to draft a letter of claim and to issue proceedings.

 

If you have read the other delivery stories on this subforum then you will know broadly speaking the way that a letter of claim should be presented.

 

Please  prepare a draft and post it here

 

[TOUMLondon]

You re very welcome.

 

No i havent made any formal complaint yet, everytime I manage to speak to them they promise to escalate and get back to me in a few days but they never do.

Goods were shipped from France on 16APR21 on a 2-3 days delivery service, that is 6+ weeks ago.

 

Do you know if you should claim from Parcel2Go or TNT?

Also can the fact that I paid this courier transaction with a VISA Business Debit card help at all?

 

 

 

 

 

 

[BankFodder]

Okay in that case, make a formal complaint in writing. Refer to the fact that you have tried to contact them several times and that they have failed to respond. Make sure that you include the reference number and some details of the items which are missing and also the parcel from which clearly items have been stolen.

Don't set any time limits – simply say that it hasn't been dealt with and you want them to deal with it and you want reimbursement.

If you have any doubts then post a draft here.

After a reasonable period of time – say 10 days to 14 days, we will send them a letter of claim because I don't expect them to respond. If they do respond earlier and knock you back then we will respond immediately with a letter of claim.

You are dealing with a fair amount of money here and it may be that UPS will prefer to go to court rather than settle – although it is a big risk for them. They of course will play the card that you weren't insured and we will have to respond that their requirement of insurance is unfair under the Unfair Terms in Consumer Contracts Regulations 1999 – which are the regulations which are applicable to you as a business – not a consumer.  
They will respond that you had a choice take up the insurance – and you will have to respond that their requirement that you should protect yourself against their own negligence or criminality of their employees is unfair and falls within the type of unfair term included in schedule two of the 1999 regulations.

It's a big risk for UPS – or any other courier company – to raise this issue in court because if they fail on it then it will put a coach and horses through the insurance requirements of all courier companies and although the County Court is not a binding court in terms of setting a precedent, it would be a very important judgement.

From that point of view, UPS would be well advised be to settle and to keep on saving money on the thousands of other customers who never bother to challenge this. However, if UPS decide to get bloody about it, they could decide to challenge you in court. If they won it would be helpful to them – but if they lost, as I said, it would be very significant.

Frankly if I was one of their bean counters I would advise them to pay you out rather than risk sacrificing the point in a court case.

Of course they will say that you had a choice to take the compensation – and in fact a test of whether a term is fair or not is whether in fact there was a choice. However, on my reading of the regulations, the choice means whether you had the option to go with a different supplier who would not impose these compensation requirements.

As far as I'm aware, all of the courier industry do this so in fact your position would be that you had no choice.

Don't forget, that the reasoning that I have posted above is speculative. This consumer group is a campaign group and although your interests are broadly aligned with ours – in that I want you to win and I don't want you to get hurt, I would be happy for you to be challenged in court and to be put in a position where you had to fight UPS – on the basis of course, that UPS lost the point. It means of course that if you lost then you would not recover your court costs, but I expect that these could be set off against tax

[TOUMLondon]

Hi  BankFodder,

 

Many thanks for the well detailed advice and suggested strategy.

I have never had such a courier loss before but now i feel you have provided me with the most accurate advice on how to go about it; it is a time consuming process but as a small business one has to know about these procedures especially when  there is so much financial loss involved.

 

I will  speak to UPS again this week and see if they are likely to deliver the last missing parcel,  but if they dont I will be going through exactly what you have kindly suggested to me and of course will keep you posted of any new developments.

 

I have in fact a second TNT lost parcel case which is about £2k in cost value with another Parcel2Go site (TNTExpress.com) and should they not  recover in the next couple of weeks,  I will have no choice but to have to go through the very same procedure as per your advice.

 

Many thanks for all the time and effort in assisting me on how to resolve this issue, very much appreciated, thank you .

 

 

 

 

 

 

 

 

 

 

Edited May 31, 2021 by TOUMLondon

[slick132]

You should follow BF's advice - don't speak to UPS, contact them in writing so you maintain a paper trail.

 

You say above :- " ..... and see if they are likely to deliver the last missing parcel, ..... "

 

Are you now saying there is only 1 missing parcel and that either parcel #4 or #5 has turned up ? Please confirm.

[TOUMLondon]

That is correct over the last 6 weeks i received 4 out of 5 parcels as on this list:

 

Parcel # 1: received

Parcel # 2: received

Parcel # 3:  received

Parcel # 4: received (~30% content missing )

Parcel # 5: not received

Edited May 31, 2021 by TOUMLondon

[TOUMLondon]

So what BF is saying is that  I should claim from UPS rather than Parcel2Go, eventhough the shipping transaction is between my Limited company and Parcel2Go?

Also can the fact that I paid this courier transaction with a VISA Business Debit card help at all?

[BankFodder]

Actually I hadn't addressed the question of who to sue.

 

You could choose either one but it is important that you make a claim against them and give them a reasonable time to respond

 

Also you can see from the comments of my site team colleague, that your constant references to items which have arrived and which are not in issue are simply causing confusion 

[TOUMLondon]

OK thank you i understand.

I was andswering Slick13's questions about the deliveries.