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

[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

[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

[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

[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

[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 .

 

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Edited January 7, 2023 by slick132
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