Packlink/UPS lost PS5, no insurance - Court Claim Issued Against UPS **SETTLED IN FULL AT MEDIATION**

[mjay005]

Hi,

 

Firstly I have spent a number of hours trawling this forum and believe I know the process I need to follow to progress a claim against UPS. I would like to validate this if possible. What has happened so far:

 

- I sent a computer games console (PS5) with UPS after I sold it on eBay.

- The postage was arranged via eBay/Packlink with the declared value being £500.

- Soon after arriving at the Tamworth depot, I received an update that the contents of the package were damaged/lost and the "carton had been discarded".

- I opened a Resolver case with UPS, who told me they could not speak to me and that I would have to speak to Packlink.

- I raised a case with Packlink and they confirmed that the package was damaged/lost. 

- I pushed to get photographic evidence of damage or the contents returned to me. UPS via Packlink said this was not possible and everything had been disposed of.

- Packlink informed me I could not claim for the full amount, as I did not take out additional insurance. Limiting my claim amount via their process to £60.

 

That is where I am at. Am I correct that at this point, I can send a letter of claim to UPS via registered post? I am using information and draft documents in this post as a guide. Do I need to mention anything specifically to forego a response from UPS that would effectively suggest it is Packlink's problem and not theirs?

Thanks,

Matt

[dx100uk]

packlink are in spain..out of jurisdiction

 

you go after UPS.

plenty of existing threads already.

 

dx

 

[BankFodder]

There is an additional element to your situation. If you have been as thorough in your reading as you claim to have been then you will have come across this already.

Because they apparently say that your property was damaged and so they have disposed of it, then not only are they in breach of contract also they deliberately destroyed property belonging to you and this is a separate matter under the Torts(Wrongful Interference with Goods) Act.

This means that you are entitled to claim an additional amount for their trespass to your property. I would suggest that £75 is a reasonable amount to claim.

You seem to be a little uncertain in terms of you having been fobbed off to Packlink. I think you should probably do more reading so that you feel confident about your position.

Then write a letter of complaint but headed "letter of claim" and post a draft here before doing anything more.

I am assuming that you have it in writing that your property was disposed of. Please confirm and if that is correct then please post the message you received about this up on this thread

[mjay005]

Thanks for your response.

I did indeed come across this in other threads and will ensure I include it.

 

I have received written (via email) confirmation from Packlink that included a screen grab from a presumed UPS system they have access to (attached). A slight potential complication is the fact that they refer to both damage and loss so the actual fate of the package and the state it was found in is ambiguous in my opinion. 

 

Accompanying email to this screen grab received from Packlink below.

 

Dear Matt, 
 
This is the response I have received from UPS:
 
"Thanks for coming back to me and I really must apologies but all has been disposed of by the centre.
Please allow me to apologise for the inconvenience caused and please pass on to all involved."
 
I understand your frustration. However there is not much more we can do other than process the standard UPS coverage amount of 60 plus the cost of the label.
 
According to our records from the time of purchase, you did not choose to purchase compensation to cover the item declared.

 

Packlink's liability is stated clearly, and you can check UPS website where it states their standard compensation liability too

The terms and conditions accepted by you at the time of purchase state the following:
General Conditions, Section 14 Clause (a) (https://support-ebay.packlink.com/hc/en-gb/articles/360004768420-eBay-Delivery-Powered-by-Packlink-Terms-and-Conditions#h_2c715c64-89e0-4044-ba29-d3356078e449)

(a) Packlink’s liability (whether in contract, tort, negligence or otherwise and howsoever arising) for the loss, theft or damage to any Goods and/or any other matter under or in connection with these Conditions shall, unless the User has chosen enhanced compensation cover as set out in Section 15 (b) be limited to £25.00 for all EVRi delivery services (twenty five GBP) and to £60.00 for UPS, DPD and DHL delivery services (sixty five GBP), whereas EVRi Postable service does not include standard compensation.

 

Packlink shall under no circumstances be liable to the User, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit or indirect or consequential loss.
 
I will be happy to help you with the claim process. I will send you the information in a follow up email. 
 
Best regards,

Victoria

 

 

UPS loss form copy.pdf

[BankFodder]

Well it doesn't seem ambiguous to me. They are saying that it is disposed of. That means that they knew who it belonged to but instead of informing you all with providing you with an opportunity to say what you would like to happen, they simply disposed it.
Of course my very strong suspicion is that the item was stolen.

Make sure that you understand the principles involved following the link: – EVRi.

Post your draft letter of claim here

[mjay005]

Hi,

 

I have drafted a letter of claim as attached to this post. Feedback welcomed.

Thanks,

Matt

UPS - Letter of Claim.pdf

[mjay005]

UPS have not responded to my letter. I have drafted a particulars of claim that I will look to send off tomorrow. Feedback welcomed:

 

Quote

The claimant used the defendant's courier service to deliver a laptop, value – £500.00 to a UK address. Reference number XXX. The defendant breached the contract by losing/disposing of the item, prior to redelivering the item back to the claimant, and has not responded to a request to reimburse the claimant to the full value of item. The defendant's agent’s (Parcelink) requirement that a customer is responsible for insuring themselves against the defendant’s own negligence or the criminality of its employees are unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. The claimant seeks £500.00 plus delivery fee £9.59, plus interest pursuant to section 69 of the County Courts act 1984, plus £75.00 compensation for trespass to my property by destroying it without contacting me to confirm my willingness for he defendant to do so. 

 

[BankFodder]

It's unclear as to whether you are saying that they lost or disposed of the item. They are entirely different positions would be dealt with differently.

 

What date did you send the letter of claim

[mjay005]

Monday 7th November. The reason I mention loss and damage is that their position (on a loss form) was that it was damaged and disposed of. From my position should it be loss given that they failed to deliver it or return to me?

[BankFodder]

Quote

 

Breach of contract and Conversion contrary to the The Torts (Interference with Goods) Act 1977

The claimant used the defendant's courier service to deliver a laptop, value – £500.00 to a UK address. Reference number XXX. The defendant breached the contract by failing to deliver and by damaging the item. The defendant subsequently Converted the laptop by disposing of it without reference to the claimant and without authority to do so.

The defendant has admitted they have disposed of the laptop and have provided no evidence as to its damaged state.

The defendant has refused to reimburse the claimant on the basis that they did not purchase insurance in addition to the delivery contract.

 The requirement that the customer is responsible for insuring themselves against the defendant’s own negligence, contractual breaches or the criminality of its employees is unfair within the meaning of the Consumer Rights Act 2015 and therefore unenforceable. Furthermore, it is unfair to require the customer to insure against an act of Conversion by the defendant.
The claimant seeks £500.00 plus delivery fee £9.59, plus interest pursuant to section 69 of the County Courts act 1984, plus £75.00 compensation for Conversion of my property without seeking my permission. 

 

 

[BankFodder]

Stick to your guns on this one. I see no reason why you should have to give up a single penny. They will try to go to mediation and they will try to get you to settle without the £75 for the Conversion.

They need a good slap and they need a lesson and you can give it to them by standing your ground. If they force it to go to court then you will win your £75.

Even if they decide to abandon the mediation and tell you that they are going to court, the likelihood is that they will put their hands up before the court case actually happens.

I can't imagine that they want a judgement for Conversion against them. We would make sure that many people in doubt about including the press

[mjay005]

Hi all,

 

I have an update. UPS contacted me today and agreed to pay the requested amount in full. This consisted of the item cost, compensation, court fee and interest. How we got here:

 

- Claim was issued on 23/11/2022 using MoneyClaim Online

- After receiving no response, I requested judgment on 16/12/2022 and this was issued on 19/12/2022

- Contacted 06/01/2023 by UPS for my bank details so the judgment amount could be paid

 

I was informed by UPS that Packlink should have informed me that at my request they could have contacted UPS and authorised UPS to speak to me regarding my claim, which meant they could have come to a resolution sooner without the need to involve the courts.

 

They also mentioned that some internal absences led to a delay in their response. I do wonder what approach they may have taken had judgment not been issued and no further information on the item's actual fate was given...

 

Thanks for the support of this forum - once I receive the funds, I will be making a donation.

 

Matt

 

 

[dx100uk]

well done!!

 

dx

 

[BankFodder]

Well done and also thank you very much indeed for a very detailed and clear update.

 

This will be helpful to other people who find themselves in similar situations with the same company .

Very much .

 

If you think that we have helped you, then maybe you'd like to click our donation button.

 

 

 

Edited January 7, 2023 by slick132
... to CLICK our ....

[stu007]

Hi

 

Well Done on sticking with it and your win.

 

Now as this was a PS5 that has an in built SSD (I assume you wiped the drive before selling it) even if you did the issue I see is UPs and Packlink would both be unaware of this so how did they dispose of this item securely to ensure any Data on that PS5 was wiped/destroyed in compliance with DPA/GDPR.

 

Even after your win you have not been told how they destroyed your PS5 with an in built SSD.

 

So the question is has UPS complied with the DPA/GDPR in the destruction of that PS5 with In Built SSD or have UPS just thrown it in a skip to be disposed of in landfill.

 

IMO I would be contacting UPS again and asking for full clarification as to how they disposed of your PS5 due to the In Built SSD which due to the DPA/GDPR requires them to dispose of this item in a secure manner to be in compliance with those Acts/Regulations

 

Another avenue IMO to hit them with

 

Please wait and see what others think.