UPS have damaged my item worth £350 and disposed it

[Kk27]

Hi, I really need help,

 

 I booked up for a parcel to be collected from sender's address and to be delivered to my address by UPS on the Parcel Hero website, I have been told by Parcel Hero  that my parcel has be damaged and disposed by UPS, which was the heineken blade beer machine which I bought for £350,

 

I also paid for extra enhanced cover incase of any damages etc, now they rejecting my claim and saying my parcel was not packaged properly and cannot pay me for the item. I'm just worried because they damaged and destroyed it withouth asking me they did not send the damaged item back either. I have asked for photos of it being damaged and being disposed but no replies. I don't know what to do, anyone can help me please.

 

Thank you

 

[honeybee13]

Hello, welcome to CAG. I've moved you to our Postal and Delivery Services subforum for advice on your problem. People should be along later to help.

 

I've also edited some paragraphs into your post. Please try to leave in some spacing when you post, it makes it easier for the advisers to read and you'll have more comments.

 

HB

[Kk27]

12 minutes ago, honeybee13 said:

Hello, welcome to CAG. I've moved you to our Postal and Delivery Services subforum for advice on your problem. People should be along later to help.

 

I've also edited some paragraphs into your post. Please try to leave in some spacing when you post, it makes it easier for the advisers to read and you'll have more comments.

 

HB

Thanks

[BankFodder]

Please read up the Hermes stories on this sub- forum because you will be travelling down the same route.

In particular, pay attention to discussions involving the tort of conversion which is basically where Hermes have apparently destroyed items without asking for permission from the owner. This amounts to the tort of conversion, in our view and one can bring a legal action in respect of this as well.

I'm curious to know what a blade beer machine is. Maybe you can post a link to one so that we can see.

They say it wasn't properly packaged – what can you tell us about that? You haven't commented.

You say that "they" are rejecting your claim. Who is "they"?

 

[Kk27]

1 hour ago, BankFodder said:

Please read up the Hermes stories on this sub- forum because you will be travelling down the same route.

In particular, pay attention to discussions involving the tort of conversion which is basically where Hermes have apparently destroyed items without asking for permission from the owner. This amounts to the tort of conversion, in our view and one can bring a legal action in respect of this as well.

I'm curious to know what a blade beer machine is. Maybe you can post a link to one so that we can see.

They say it wasn't properly packaged – what can you tell us about that? You haven't commented.

You say that "they" are rejecting your claim. Who is "they"?

 

Hi, thanks for your reply,  apologize for not being clear enough,

 

Heineken blade a beer dispenser machine click on link for more info

BLADE | For professional draught beer at home

WWW.BEERWULF.COM

---

BLADE pours a pub authentic pint anywhere and anytime. Plug in your machine and you're ready to draught...

 

Parcel Hero and UPS have both got back to me and said the package was not packaged correctly so they can't refund me the money for the item.

 

I booked through the Parcel Hero website, UPS must be their partner. Who deliver the service for them.

 

 

The package was packed in a hard plastic container with bubble wrap inside and sealed from outside.  I just think that UPS driver should have refused to collect it it was not packed correctly.

 

 

 

 

 

 

 

[honeybee13]

Do you have any photos of the package before it left you?

 

HB

[Kk27]

21 minutes ago, honeybee13 said:

Do you have any photos of the package before it left you?

 

HB

 

Hi, please see attached photos. Thanks

02efd528.pdf 72ff7616.pdf fe9f4190.pdf bd16f45b.pdf 24cd0e31.pdf

[BankFodder]

Thank you for these photographs.

So this was an item which was bought from somebody? Was there some private purchase? Or did it come from the retailer?

[Kk27]

5 minutes ago, BankFodder said:

Thank you for these photographs.

So this was an item which was bought from somebody? Was there some private purchase? Or did it come from the retailer?

This was a purchase, through eBay, the seller did not want to post, it was collection only,  so I asked if I could arrange a courier to pick the item up and pay for the postage which I did through the parcel hero. 

 

I arranged the parcel to be collected from the sender's address records to my address. 

[Kk27]

1 minute ago, Kk27 said:

This was a purchase, through eBay, the seller did not want to post, it was collection only,  so I asked if I could arrange a courier to pick the item up and pay for the postage which I did through the parcel hero. 

 

I arranged the parcel to be collected from the sender's address records to my address. 

 

I bought the item so technically it's my item and then I arranged my own courier to pick it up from the sender's address. 

[BankFodder]

Thanks. I was it a new item or second-hand item? Was it being supplied in its original packaging or is it packaging which was provided by the seller?

[Kk27]

8 minutes ago, BankFodder said:

Thanks. I was it a new item or second-hand item? Was it being supplied in its original packaging or is it packaging which was provided by the seller?

 

Thanks for reply, the item was a second hand  item which cost me £350,  brand new cost about £600, the package was provided by the sender.

 

The sender has been most cooperative and did his best in terms of packaging and is supporting me to get this sorted. Also it was me who booked the service and paid for the delivery, the seller only packed the item.

[BankFodder]

Okay thanks. It's much better that you took control of the delivery contract because you don't have to keep on relying on the seller – who although is cooperative, may start flagging when it starts to get a bit nasty.

I'd like you to read around the stories on this Hermes sub- forum and particularly concentrate on the threads referring to "conversion". If you go to the top of the postal deliveries sub- forum and search on "conversion" then you will find some discussion about it.

It's up to you, but I'm going to suggest that you sue for the breach of contract – £350 plus delivery fee et cetera. But also I'm going to suggest that you add something for the tort of conversion and in this case although you have only paid £350, we can say that the value is £600 and we can consider adding £100 on top for the insult to your ownership.

You may not understand all that so I think the best thing you can do is spend a day or so reading as many of the Hermes stories that you can stomach – but particularly look at the tort of conversion. We had one especially relating to Gucci bag.

After you've read through the stories, you may decide that you are simply happy to recover the lost purchase price and you rather not go through the tort of conversion. It's up to you


 

[Kk27]

11 minutes ago, BankFodder said:

Okay thanks. It's much better that you took control of the delivery contract because you don't have to keep on relying on the seller – who although is cooperative, may start flagging when it starts to get a bit nasty.

I'd like you to read around the stories on this Hermes sub- forum and particularly concentrate on the threads referring to "conversion". If you go to the top of the postal deliveries sub- forum and search on "conversion" then you will find some discussion about it.

It's up to you, but I'm going to suggest that you sue for the breach of contract – £350 plus delivery fee et cetera. But also I'm going to suggest that you add something for the tort of conversion and in this case although you have only paid £350, we can say that the value is £600 and we can consider adding £100 on top for the insult to your ownership.

You may not understand all that so I think the best thing you can do is spend a day or so reading as many of the Hermes stories that you can stomach – but particularly look at the tort of conversion. We had one especially relating to Gucci bag.

After you've read through the stories, you may decide that you are simply happy to recover the lost purchase price and you rather not go through the tort of conversion. It's up to you


 

Thank you very much for your advice I will read through forums and decide what to do might need your help on what step to take next.

[Kk27]

18 hours ago, Kk27 said:

Thank you very much for your advice I will read through forums and decide what to do might need your help on what step to take next.

 

This is what UPS have sent me,

 

Dear Kritesh,

Good day and thank you for your e-mail. 

Your concern for the parcel is understandable. Please accept our apologies for any inconvenience caused. However, as per checking it shows that shipper on record is Parcelhero that you need to communicate with them the result of the investigation.   

Due to data protection laws and the contract agreed by the shipper, the results of any claim with UPS will only be communicated to the shipper of record. Your understanding and patience are highly appreciated.

I hope that you and your family are safe and healthy during these difficult times. If you have any other concerns, please feel free to let us know. Keep safe always.

 
Rose D.
UPS Customer Support   

 

[BankFodder]

If you have read through the Hermes stories, you will understand what the legal response to that is