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    • Hello everyone,   I found this website yesterday as I am looking to make a claim against UPS or Packlink due to damaging an eBay item I sent using their service.   I payed for their fully compensated service that covers against loss and damage. The item was sold through eBay (I'm a private seller) so the contents and cost of item were all declared.   The item in question is a five piece Le Creuset set with wooden stand. The item arrived badly damaged; the wooden frame was smashed apart, 2 of the pans have cracks, the other 3 all have some sort of chip or scratches. This is the eBay listing for the item - https://www.ebay.co.uk/itm/124980052958   As you can see the items were all in perfect condition; basically brand new. All items were heavily bubble wrapped, with packing paper stuffed to fill in the gaps to ensure there was no movement. As this came with the original box, all items were put in that and then placed in a secondary, double walled box. The only way this could have been damaged is either being thrown with force, or dropped from a height. Either way, negligence on the couriers behalf.     Timeline of events -    4th November / 12.54pm  - dropped off at UPS drop off point 5th November / 9.39am - delivered to the buyer (he messaged me within an hour of receiving it, along with pictures of the damage)   8th November - claim opened on the Packlink website (I had to wait a few days for the buyer to send me more photos for the Packlink website as he was away)   8th November - 27th November - I have been messaging back and forth with Packlink and to be honest they are useless. I am very lucky that the buyer is a patient and helpful person as he has had to jump through hoops with the photos he's had to provide. Packlink told me that UPS would be in touch with the buyer as they need to collect the item from him in order to take it away and inspect it. UPS have not contacted him or me once and the item has still not been collected from the buyer.   I have been trying to keep the ball rolling by messaging them every few days and the response is always along the lines of 'we're waiting on UPS'. As of today Packlink have not messaged me back since the 22nd.     From reading some of the other posts on these boards I can see that chasing Packlink is probably not the thing to do and that I should look to UPS for the compensation instead. I have a few questions before moving forward -   - From initiating the claim it's been almost 3 weeks; have I given them enough time to sort this out?   - Am I safe to refund the buyer and have him send the item back to me? As Packlink have said that UPS will need to collect and inspect the item, I don't want to void any chance I have at getting my money back   I'm not sure on how to move forward regarding the direct UPS claim so any advice would be much appreciated.   If I've missed anything out please let me know and I will supply the needed information.     Thanks for your help,   Jack
    • was proper winter wonderland - but all being washed away by drizzle and wind now  
    • So Johnson's latest missive to Macron, published online before Macron saw it, has possibly had the opposite effect of what was intended [unsurprisingly] and Patel has been disinvited to the ministerial meeting on borders and migrants in Calais tomorrow.   One of the things the French are particularly not happy about is that Johnson wants to send back to France anyone who lands in Britain from a small boat, as he seems to want to brand them all 'illegal'.   Can someone explain to me why the French would want to do this? Many asylum applications are accepted, but a lot of the people crossing are doing it because there aren't legal routes for them.
    • Good morning.   Couple of things  here.    1. Kwik Fits own MOT inspection revealed that the tyres were in line with motoring law and the Government guidelines - the previous tyres obviously me with all  standards for safety and the law.  2. Kwik fit obviously apply a 'best practice' standard which is clearly higher than the legal requirement and indeed makes sense. The law is of course a minimum legal  requirement and of course to be well above the law and to make sure you are safer than just safe makes sense for those that understand these things.    Were the removed items offered back to your mother. The return of parts of is a default option in order to provide the chance of second inspection and to allow the risk of independent inspection - therefore making sure that only parts that needed replacement were actually replaced.It is still common practice, not sure about KF   it does sound like your mother was put under a good deal of pressure, something that all Kwik Fit staff are trained to do - sell/upsell I was one of the first managers to go through their new training programme as a manager (1980 - 81) having previously worked for Euro Exhaust - and having never used once since, nor would I.    I would be inclined to ask them for the evidence that these tyres needed replacing,  ask them why it was not explained about their own higher standards for tyres, and put it to them that they have taken advantage of an elderly member of the public but don't threaten anything.     All of this  is pointing to an oversell to an elderly woman - an easy mark in my opinion.     There is also the issue of their own guidance- they recommend inspection at least every five years!    From their website.  How long do tyres last? There is no standard rule for how long tyres should last before they need replacing. Generally, it is recommended that front tyres should last for approximately 20,000 miles and rear tyres should last 40,000. However, many factors influence the rate at which tyres degrade; including driving conditions, weight carried, and driving habits. Fast driving and harsh weather conditions can lead your tyres to deteriorate much faster. At Kwik Fit, we recommend that you have your tyres professionally checked at least once every 5 years. If you think your tyres are getting close to needing replacements , or even just for peace of mind, why not bring your tyres in to Kwik Fit for a free tyre check."   I hope that helps.   
    • Yes snowing here near Bristol, but not settling yet.    
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Are previous consumer (phone) contracts superseded when you take out a new one?


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So I'm just about to upgrade my phone and broadband service, which involves taking out a new 18 month contract. It's a completely new agreement, made with no reference to the previous contract (definitely not a variation or modification), and there's no whole agreement clause. It directly replaces the services I was getting previously (and adds a few more), but my question is what happens to the status of the old contract? It doesn't seem to be formally terminated in any way, so is it in any way still enforceable? It still had 6 months or so to run before I actioned the upgrade.

 

My practical question is, if I vary the service under the terms of the new contract, might they turn round and say - "ah - you're getting a better deal than you were before, so we're going to enforce the old contract"? Has the old contract been extinguished by entering into a new one to provide the same services? Or is it still floating around somewhere?

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moved to the telecom forum 

if its the same provider it should cease, why not ask them?

there is one thread here of recent whereby an old contract didn't get cancelled through a mistake by the provider.

 

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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