Lost Ebay Parcel Tuffnells/Interparcel - PAPLOC/Clainform against tufnells issue - they tried to set aside - lost - now going bust!!

[joeyk44]

Hi, 

Any advice much appreciated...

I sold an item on Ebay.  It was an above ground swimming pool which the buyer paid £900 plus £60 delivery.

Ebay took quite a chunk in fees which left me more out of pocket than I anticipated.  I therefore looked for the cheapest courier.  

I booked Tuffnells via Interparcel.  I opted not to take insurance as it cost £35 and I had a quick google and found I could buy £900 worth of Parcel insurance for £10.  However when I went to do it, they didn't cover Tuffnells, so upshot was parcel was uninsured.

It was collected from my property all ok, boxed up and very heavy as driver needed trolley to get it to the lorry.  However when delivered to the customer, she reported the packaging being ripped and the courier being unable to lift the parcel.  The customer contacted me a couple of hours after delivery to report that the main component of the box - the swimming pool liner - is missing.

I have contacted Interparcel who have contacted Tuffnells.  I am unable to speak to Tuffnells directly as they are hiding behind the fact I booked through Interparcel. 

Obviously, if the liner is not found and the item is 'lost' - I will have to refund my buyer and will therefore be £960 worse off.

I have seen there have been a few people taking cases like this to the small claims court.  

Would this case be eligible and what would I need to prove?  

I have the tracking details and the buyer took photos of the contents of the box minus the liner.  

I have pictures of the box prior to collection. 

I look forward to any advice.

[joeyk44]

I’ve been following this thread with interest.

I have a hearing tomorrow in a third party rights claim against Tuffnells regarding a lost package booked through interparcel. 

I’d like to cite previous successful cases - the 3 Evri ones centring on insurance and this 3rd party rights case.

Would you please be able to repost the judgements or quote the case names?

I’m unable to open the links in this thread. 

thanks in advance. 

[BankFodder]

2 hours ago, joeyk44 said:

I’ve been following this thread with interest. I have a hearing tomorrow in a third party rights claim against Tuffnells regarding a lost package booked through interparcel. 
I’d like to cite previous successful cases - the 3 Evri ones centring on insurance and this 3rd party rights case. Would you please be able to repost the judgements or quote the case names? I’m unable to open the links in this thread. 
thanks in advance. 

Start your own thread urgently and tell us the story in a chronological bullet pointed form.

 

[joeyk44]

Hi, 

court hearing tomorrow in 3rd party rights dispute. Saw there was a successful outcome recently and wondered if judgement is available for me to evidence.

I originally posted details of the issue but did not receive any advice. (link to post below)
 

I issued claim against Tuffnells on 3rd party basis as they are the ones who lost the parcel. I received the standard £25 compensation and refund of delivery charge from Interparcel and took this off the amount I am claiming. Tuffnells defence and witness statement is purely focused on the 3rd party rights issue and the fact my contract was with Interparcel and not them directly.  
 

[BankFodder]

I'm very sorry I missed this. I can't imagine how it happened.

Please can you post up your claim form in PDF format and also the defence in PDF format.

Can you also post up your letter of claim.

Did it go to mediation? What happened?

[BankFodder]

Still waiting for the requested documents.

In the meantime, this will give you a bit of a clue but we need to speak

 

3rd party rights – reference to one case. Transcript on order but not yet received.

 

Unenforceable insurance – three cases

 

[BankFodder]

I now understand that this is not the trial of the issue. It is an N244 application to strike out the claim on the basis that the OP does not enjoy third-party rights under the Contracts (Rights of Third Parties) Act 1999.
I have seen the documents and they are bleating on about the fact that they are acting as agents/brokers and therefore they are not a party which is contemplated under the Act.
Course this is a load of rubbish.

Section 1 of the 1999 Act describes the people who are entitled – either they are named, or they fall within a class of beneficiary.

Section 6 of the Act includes a list of exemptions – and nowhere to the exemptions include brokers or agents.

It's amazing that Tufnell's, who have instructed a firm of solicitors, are prepared to spend so much money trying to avoid a judgement on the issue of third party rights.

This signifies to me that they are running scared.

Hopefully we will have a result of the strike out application tomorrow. Also, I have advised the OP that if the application is unsuccessful that they should immediately ask for the costs of the strike out application to be borne by Tufnell's whatever the final outcome of the case.

 

[joeyk44]

 

I’m attaching the relevant documents. Here is the claim form. 

claimform.pdf

[dx100uk]

put everything in one mass multipage pdf

read upload and use the websites listed

ensure you redact anything that can ID you inc claimforn no!!

dx

 

[joeyk44]

Claim form, letter before claim & Tuffnell’s defence.pdf

 

Update on this.

Had a hearing today regarding Tuffnells application to strike out my claim. T

uffnells did not attend.

The judge called them and ascertained that Tuffnells are in administration & therefore the legal team are no longer acting for them. The application was therefore dismissed. 

The judge is giving the administrators 21 days to indicate whether they will still defend the claim. 

Unsure whether to wait for this, as even if successful it’s unlikely I will get all my money back now or to pull the claim altogether and go after Interparcel instead. However I did already receive an automatic refund from them of £25 and the delivery cost. 

Of interest the judge did hint that he would have dismissed their strike out application anyway - and said they are seeing quite a few 3rd party rights cases now. 

[BankFodder]

Thanks very much indeed for this update.

What an amazing twist to the story that Tufnell is actually gone out of business. I suppose part of it is that they've spent too much money instructing solicitors who don't seem to have understood the principles involved and have drafted useless and meandering documents that miss the point completely. Bradford and Son - Rotherham.

I think there certainly must be questions over whether you will get your money back. You may well find that the administrators are simply going to pay out a few pence in the pound owed. I have a feeling that if you have a judgement in your favour then you are a preferred creditor – but it could still take an awful long time and of course that assumes that there is any money left.

Your claim fee I understand was only £70. You could decide instead to forfeit the claim fee and simply commence an action against into parcel which will presumably turn simply on the question of their unlawful and unenforceable insurance.

We have three judgements relating to that issue and I think that the result is a foregone conclusion that you will win.

I understand that you didn't claim interest in your claim against Tufnell's. If you decide to bring a claim against interparcel then you could add interest at 8%.

You successfully start of the claim against Tufnell's so you are aware of the route and you will have greater confidence in it should be more so for the last time.

If you fancy doing this than I suggest you move directly to a letter of claim. Post a draft here and then send it to them.

You are already registered on MoneyClaim – so all you have to do is to start another claim in broadly the same way – but this time against Interparcel.

I would suggest that you reject mediation and go to trial.

Let us know what you would prefer to do

[BankFodder]

Any decisions on this?