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

[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

[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. 

 

[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?

[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