FeDex - To Sue or Not to Sue

[ctoumi]

Hello

 

I would be grateful to receive some advice as to whether I ought to sue FedEx on a lost parcel due to a failure on their part.

I had a used computer (with personal data) shipped to a colleague by FedEx who lives in a house with 2 flats (Ground and 1st floor flats).

As the FedEx driver reached the door of the property someone was coming out of the house claimed to be the recipient, signed and took the computer away (a theft as established by police investigation).

Now that i have claimed for a lost computer/with data delivered to wrong door and handed over to a thief, FedEx tells me that they only reimburse by weight ( £96 for a £900 computer).

 

My question is, if anyone can advice, what are my chances of success in suing FedEx on the grounds of incorrect address delivery and incorrect recipient handing over?

 

Any feedback or advice would be much appreciated.

Edited November 16, 2012 by ctoumi

[gerson]

Hi ctoumi,

 

This is from FEDEX T&C's

 

18.1 Unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee, the liability of FedEx is limited to the higher of a) the amount provided by the applicable international convention or local law; b) € 22 per kilogram; or c) US$ 100 per Shipment. For FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight Shipments within Belgium, Denmark, Luxembourg, the Netherlands, Switzterland and the United Arab Emirates, the liability of FedEx is limited to the higher of a) the amount provided by the applicable local law; or b) € 10 per kilogram; or c) US$ 100 per Shipment, unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee. For FedEx 1Day Freight, FedEx Priority Overnight and FedEx Standard Overnight Shipments within Germany, the liability of FedEx is limited to the higher of a) € 4 per kilogram in accordance with the German Commercial Code (HGB); or b) US$ 100 per Shipment, unless the Sender enters a higher Declared Value for Carriage on the (Air) Waybill and pays the required fee.

 

 

18.2 FedEx does not provide cargo liability or all-risk insurance but the Sender may pay an additional charge for Declared Value for Carriage above the limits referred to in Section 18.1 above. The Sender should refer to the FedEx rate sheets in effect at the time of shipment or call FedEx for an explanation of the additional charge. The Declared Value for Carriage of any Package represents FedEx’s maximum liability in connection with a shipment of that Package, including but not limited to, any loss, damage, delay, misdelivery, any failure to provide information, or misdelivery of information relating to the Shipment. Exposure to and risk of any loss in excess of the Declared Value for Carriage is assumed by the Sender. Customers are advised to contact their insurance agent or broker for insurance coverage. EVEN IF A HIGHER VALUE FOR CARRIAGE IS DECLARED, THE LIABILITY OF FEDEX FOR LOSS OF OR DAMAGE TO THE CONTENTS OF A SHIPMENT WILL NOT BE MORE THAN THE ACTUAL VALUE OF THE CONTENTS OF THE SHIPMENT AND FEDEX SHALL BE ENTITLED TO REQUIRE INDEPENDENT PROOF OF THE VALUE OF THE CONTENTS OF A SHIPMENT FOR WHICH A CLAIM IS MADE.

 

 

Did you request an upgraded 'declared value'?

 

G

[ctoumi]

Hi G,

 

No extra insurance was paid.

The T&C's cannot include incorrect deliveries (by their drivers) because if a courier company delivered goods to incorrect addresses (which will result automatically in handing them over to incorrect recipients) it wouldn't be a company at all, and these are the grounds on which i intend to sue them, or am I not reasoning logically???.

[gerson]

Hi,

 

I am not an expert in this but I agree with you.

 

I normally use DHL or GLS and when sending items of value above the 'standard' I always apply for the increased insurance cover.

 

Maybe you should ask this question in the 'postal' forum http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?258-Postal-and-Delivery-Services

 

G

[ctoumi]

Thank you G for taking the time to advise - I have reposted in the 'Postal' section in case someone has any new suggestion.

[havinastella]

Please stick to ONE thread for the same problem. I have merged the threads and moved to Postal forum for you.

Edited November 19, 2012 by havinastella

[havinastella]

Now to your problem. I totally agree with you. You paid for the item to be delivered to xxx and the driver gave the parcel to yyy. A small claim in the County court will cost you £60.

 

Make sure you send a Letter before Action, give them 14 days and issue on the 15th.

 

Do not threaten court action if you are unwilling to back up your threat.

 

Jogs

[ctoumi]

Thank you Jogs for the advice.

Sorry about the duplicate thread, never done it before.

[gerson]

Hi Jogs,

 

Probably my fault for the duplicate thread - had advised OP to post here but failed to say 'ask site team to move original thread'

 

My apologies

 

G