UPS lost a MacBook that I sold on eBay, bought my label off packlink.

[Iboo]

Hi guys,

 

I'm pretty new here, found this forum by searching for lawsuits against courier companies and I have read through a couple of Hermes/Packlink cases throughout the night and now feel confident to consider to make a small claims through county court. 

 

I sold a MacBook Pro for £845 on eBay, posted it off with UPS Standard on the 18th August by dropping my parcel to ups access point, the next update was that the driver picked it up and it never made it to UPS warehouse. I have a feeling the driver kept it since no other explanation makes sense. 

 

So far, I've emailed back and forth with packlink who has advised to wait for UPS to complete investigation and declare it lost. I did not purchase any stupid insurance so it's obvious I'll be offered with a £60 compensation from packlink which I will reject when it gets to that stage. I've opened a third party claim on the 20th August on UPS website to locate the parcel, they should come to a conclusion by 1st of September. 

 

The only thing of concern for me is unlike Hermes, UPS doesn't mention about extra insurance on their terms and conditions to protect full cost of parcel so I won't be able to use that as an argument if it goes to court as many others have with Hermes. UPS only excludes themselves on their t&s from liability over £60 which I believe is unenforceable for being an unfair clause under Consumer Act 2015. 

 

I've also read the case about a person claiming against UPS but later packlink compensated them fully, I guess that makes me the first person in this forum suing UPS once they declare my item lost. 

 

What are the chances of me winning on the basis of negligence/ criminality from UPS, I also noticed UPS has Clyde & Clo as their solicitor which makes me kind of nervous.

[dx100uk]

go after packlink insurance is immaterial 

or both as joint defendants but you must issue each a letter of claim.

 

 

[Iboo]

Just did a quick search on companies house, Packlink Limited (09026541) was dissolved on the December of 2020. I guess my only chance is going after UPS and trying to claim under the Contracts (Rights of Third Parties) Act 1999?

 

PACKLINK UK LTD - Overview (free company information from Companies House)

FIND-AND-UPDATE.COMPANY-INFORMATION.SERVICE.GOV.UK

---

PACKLINK UK LTD - Free company information from Companies House including registered office address, filing history, accounts, annual return, officers, charges, business activity

 

Edited August 27, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

 

[BankFodder]

Packlink in UK was dissolved but they still exist in Spain and in my own mind I have absolutely no doubt that the reason they were removed from the UK to restriction was to make them less accessible to claims.

 

 You will be claiming directly against Ups.

 

 keep on reading all of the Hermes stories in this subforum and let us know when you eventually hear from ups that they are rejecting your claim

 

 

 

 

 

 

[Iboo]

Just received the following updates from UPS:

 

Claim Information

Check Claim Status:

Parcel Search Complete – Parcel Not Found

 

Status Detail

Parcel Search Complete: if you have questions, please contact the shipper for further details

 

Tracking Number

1ZV827Y16819538418

 

Claim Type:

LOSS

 

Should I be going ahead and send a letter of claim to UPS? I can draft that up today and send here. 

 

I also emailed packlink and have asked them for full compensation. 

 

Edited August 27, 2021 by dx100uk
unnecessary previous post quote removed

[BankFodder]

Yes. Draft a letter of claim and post it here so we can have a look and reckon on sending it off on Monday.

 

 

[Iboo]

Not sure if I wrote too much or missed out anything 

 

 

Quote

 

UPS Limited

Ups House,

Forest Road,

Feltham, Middlesex

TW13 7DY

 

Friday, 27 August 2021

 

 

Letter Before Court Claim

 

Dear Sir/Madam,

 

Re: Item declared lost with tracking: xxxxxxxxxx

I entrusted a parcel containing a MacBook Pro M1 to be delivered the next day on the 17^th of August using your services by dropping it off at a UPS access point. The parcel was picked up the next day by one of your drivers and never made it to your warehouse as per the tracking information provided on your website. Upon contacting your customer services on the 19^th of August, I was assured the parcel was on its way. On the 20^th of August, I opened a third-party claim on your website for an investigation, on the 26^th of August the parcel was declared lost by UPS. 

 

You were contracted to fulfil the services by Packlink on my behalf, you had a duty to take reasonable care to ensure my parcel is safe and delivered. You breached the contract by failing to deliver and consequently losing my parcel worth £860, as a result of criminality/ negligence of your employees/ UPS. I am holding you liable for the loss of my item under the Consumer Rights Act 2015 and The Contracts (Rights of Third Parties) Act 1999. 

 

I am requesting a full compensation of the full declared value of £860 plus £5.50 cost of carriage fee and a £100 for the distress this has caused me.

 

If I do not receive a satisfactory response for full payment from you within 14 days of the date of this letter, I will issue proceedings against you in the county court without any further notice.

 

Yours faithfully,

XXXX

 

 

[BankFodder]

it's a bit wordy but it's ok.

 

you won't be able to claim anything for distress.  Distress is not a recoverable  head of damages in these circumstances and so I have crossed it out

 

[Iboo]

Just to update you guys. The Helpdesk agent from packling offered me the usual £60, after I rejected and asked for full compensation they raised a complaint. 

 

I also have sent off my letter of claim last Tuesday (31/08/21) it was received by UPS on Wednesday. Still haven't heard anything from them. Do I start the 14 day count from the date mention on letter i.e. 31/08/21?

 

 

[Iboo]

Today is the 14th day since I sent off my letter of claim to ups, was waiting for midnight to open a case. 

 

Just received this email from Packlink! 

 

The compensation claim for loss/damage of the shipment in favour of XXX has been accepted as a goodwill gesture.

 

 

Please remember in the future that if the value of your sold item is higher than £60.00 you should purchase enhanced compensation to protect your shipment for up to a maximum of £1.000. 

 

When am I receiving the compensation?

 

Goods compensation amount will be paid via bank transfer on 16-09-2021. The postage cost refund was issued 30-08-2021 to the same payment method used to pay for the label.

 

 

CONCEPT

AMOUNT

PAID VIA

✚

Goods Compensation

£845

Bank Transfer

✚

Postage cost refund

£5.72

 

Same payment used to pay the label

 

The goods compensation will be paid via bank transfer to the account you have indicated in your claim form as below:

 

 

With this settlement letter, all future legal obligations against us are satisfied.

 

The customer shall be deemed to notify to PACKLINK SHIPPING, S.L. if proceeds, the fact that lost shipment has been located and to refund the compensation paid by PACKLINK SHIPPING, S.L. In the event of such a breach, PACKLINK reserves the right to take legal proceedings against you, in order to recover the above concepts.

Thanks for the cooperation.

 

 

 

Joya

Claims Specialist

eBay Delivery powered by Packlink

 

 

 

 

[BankFodder]

Looks very good. Let us know when you get the money.

If you don't have your money in your account by Monday then probably time to issue legal proceedings. However, we have found that when these promises are made they generally speaking are followed up.
Keep us updated.