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. 

[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.  
 

[joeyk44]

 

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

claimform.pdf

[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.