Falcon123
Registered UsersChange your profile picture
-
Posts
14 -
Joined
-
Last visited
Reputation
4 NeutralRecent Profile Visitors
The recent visitors block is disabled and is not being shown to other users.
-
Defence (redacted).pdfI had issued the claim (particulars of claim attached in last post) and have received the defence from UPS now and attached it to this post. I need an opinion from the senior members of the forum on the section no. 4 of the defence. The section no. 4 of the defence states that: My direct contract is with the Packlink as i bought label from them for the shipping. In this case i am making a claim against UPS as a third party and the main parties are Packlink and the UPS. I do not have access to the terms of the contract between Packlink and the UPS so does that mean i am unable to address the section 4.3, 4.4, 4.5 and 4.6 of the defence? The Rights of Third Parties Act 1999 states that: Any help will be appreciated. Many thanks
-
Letter of claim delivered and signed by UPS on 07/03/2023. No response received. I am now filing my MoneyClaims form and here is a proposed particulars of claim. Can you please have a look at it. Thank you "The claimant used the defendant's parcel delivery service on 28/01/2020 to deliver a parcel inside the UK. Defendant’s reference number is XXXXXXXXXXXXXXXX. The parcel contained an Apple MacBook Pro valued at £649.99 - full details have been provided to the defendant. The parcel has been lost by the defendant’s breach of contract and their negligence. The defendant only refunded £60 and the original delivery charge. The claimant seeks to enforce contractual terms as a third party under Section 1(5) of Contracts (Rights of Third Parties) Act 1999 and be reimbursed for the remaining amount of £589.99 plus interest per section 69 County Courts act 1984 plus costs."
-
Thank you for the advice. I have amended my letter of claim. This is just the main body of the letter so i will be adding the heading "Letter of Claim" and other formalities before printing and posting it. Do you think if it's a good idea to let them know that i will be adding court fee etc to the total amount upon the claim going to next stage? Claim Letter - Body (2).pdf
-
Thank you for your reply. I have attached the body of my letter of claim. Can you please have a look and let me know if it seems fine to you. I put the value of my item as £649.99 which was the total of original transaction i charged to the buyer. (£639.99 + £10 for postage and packaging). Claim Letter - Body.pdf
-
I had sold a MacBook on eBay for £639.99 and sent it with UPS. The label was bought via Packlink and no extras were paid for insurance. The tracking showed MacBook as delivered on UPS website however the buyer informed me that they did not receive it. Long story short, after the investigation by the UPS, they could not locate it and automatically refunded me £60 as compensations. I did not agree to the level of compensation and made them aware of it at the time however they considered the case as closed on their end and i refunded the buyer in full. I believe they were careless with delivery as the driver must have possessed the item to be able to scan it and mark it as delivered. I have been reading around on this forum and I am planning to go against the UPS to the small claims court under the Contracts (Rights of Third Parties) Act 1999 and base my claim on section 49 and 57 of the Consumer Rights Act 2015. my plan is to first issue them with a claim letter giving them 14 days to reply and after that proceed with the MoneyClaim website online. Please do guide me if i seem to be missing anything. Please note that the incident happened in early 2020 and i had full intention to go to court ,i retained the evidence since then however kept delaying it due to health issues. I understand that there is a 6 year limit to bring forward the claim so this should be ok.