Packlink/TNT (now FedEx) didn’t deliver. AirTag inside disproving the fake tracking statuses

[BankFodder]

This is a bit more complicated than the usual courier problem because your contract in Spain and so it is a Spanish contract and not subject to UK law or UK enforcement without enormous difficulty .

 

This needs a bit of thinking about.

 

Can you tell me how long the power source in the tracker is likely to last?

 

 

 

Also, your post is rather vague as to who is actually holding the parcel now .

 

 

Is it FedEx or is it TNT? Can you tell us about the mechanism that operates here?

 

 

[BankFodder]

I'm a bit surprised that you've come to this forum for help on something that is clearly rather urgent, and although we have responded very quickly in the first instance, you haven't come back to us .

 

If you want to have some kind of chance or doing something here then you will have to take this seriously enough to respond quickly to our questions and our advice.

 

This means that you will have to engage with this thread in a meaningful way

 

 

[BankFodder]

I'm also curious to know why you underinsured it. This could seriously prejudice your position.

What was the price difference between an insurance cover for the full value and for the value for which you paid?

It's not that the insurance is necessary or enforceable, but it creates in the courier and expectation of the risk they are taking in contracting with you

[BankFodder]

It seems to me that there is some urgency here because from what I gather, the laptop contains data which is important to you personally and also to your work. Is this correct?

That means that you really need the laptop back and wouldn't be satisfied simply with a payment of money – is that correct?

Please can you tell us where the contract was made. Were you in Spain at the time? And did you make the contract in Spain?

[BankFodder]

Okay. That is very helpful that it is probably a UK contract.

The laws are broadly the same all through Europe but enforcement in Britain is probably one of the best in the world – particularly because we have a very accessible County Court system.

It's a shame that you haven't responded to this problem much earlier. It's entirely possible indeed probable – that by now the computer has been removed from the package. Where is the tracker? Is it actually concealed in the computer?

We can help you begin an action to try and get the package back but of course if the computer has already been stolen then you won't get it. The only problem is that bringing an action to retrieve property which has been unlawfully detained is not straightforward and also if you lose then you are likely to have to pay the costs or some limited costs of the other side.
If you are simply claiming cash, then it would be very straightforward and if you lost – which is unlikely – you would suffer only minimal costs. However a big problem here is that you have under declared the value.
Frankly I don't really understand why – other than you thought that maybe it was an opportunity to pay less customs duties or VAT if any were going to be assessed. I'm not making any criticism of you on this. Lots of people do it but that the end of the day it is potentially fraudulent and if this goes to court then it may well be that the other side will try to point this out to the judge and if the judge accepts this, they may decline to deal with your case at all.

An under valuation is all very well – until the parcel gets lost. That's when you start to realise that you have shot yourself in the foot – which is exactly what you have done.

If the reason for your undervaluation really was simply to save some of the insurance premium then I don't really think you've calculated it very well. You seem to think that it was good value to pay £60 to insure 1500, but not good value to pay 120 (double the cost) for a value of £3000 – (double the value).
By my calculation, the insurance rate is exactly the same and I don't understand what you are trying to gain.
The problem here is not whether you are insured or not. In fact insurance is unenforceable and not necessary. The problem here is that you have under declared the value and so even though you say that your parcel was worth £3000, it is likely that the maximum you could claim if you are claiming the money, would be £1500.
If part of your parcel is retrieved – let's say half of it, then probably the maximum money you could recover it would be only £750 – half of the declared value.

Frankly it was a bad error of judgement to under declare the value.

If you want to try and bring action to recover the parcel then we can help you but it would be what is called a part eight application and this is rather more complicated than the ordinary small claim.
If you are prepared simply to go for the money, then we can help you but as I have said, it is quite likely that you will only be up to claim the declared value.

The cost of bringing action for £1500 is probably about £250 or so. I'm not sure. The cost of bringing an action to recover the property I think is about £500 – once again, I'm not sure.

It's a shame that you didn't bring the desktop unit back separately. It's value to you is clearly very great and it would have been worth accommodating your other personal possessions in your package rather than taking them on as luggage in the aircraft and instead bringing the desktop unit through as hand luggage in a backpack.

I think you had better think about how you want to proceed.
If you want to proceed for recovery of the package then you would be bringing an action under the Torts (Interference with Goods Act) 1977 

Torts (Interference with Goods) Act 1977

WWW.LEGISLATION.GOV.UK

---

An Act to amend the law concerning conversion and other torts affecting goods.

– and you would be asking the court to make an order against the defendant who appears to be in possession of your property to produce it immediately.
Normally speaking you would have to send a letter of claim giving 14 days but I think in the circumstances I think a very brief warning to the other side would be quite forgivable and that you should issue your claim by Monday.

You say that they panicked when they were told there was a tracker. I'm not sure that it was a good idea to tell them – but that is done now. Can you tell us more about the panic. Is there any evidence in writing that they were worried?

Finally, where it becomes impossible for the defendant to produce the item that they are detaining, then they can be forced to pay damages instead. However the quantum of damages is at large. Once again you have undervalued the package at £1500. You would probably get some kind of payment as a slap on the wrist for the defendant for retaining the parcel but I doubt whether that would exceed £500. 

[BankFodder]

If you want to go for the money then probably you will have to settle for the £1,500. It will be pretty straightforward and if you read the stories on the subforum you will understand the route that all the claims take.

 

If you want to try and force them to deliver up the computer to you then you will have to start a part 8 claim which is rather more complicated. I'm going to give a shout out to my site team colleague @Andyorch for some help on this.

 

However, I believe that you will have to fill out a claim form and submit it directly to your local county court office together with the fee 

 

 Where are you based?

 

 Don't forget that if you happen to lose this case and they spend money defending then you could potentially be liable for some of their costs as well.

 

Also, the cost of beginning this part 8 claim is likely to be around £400 or more.

 

 Don't imagine that any of this is going to happen very quickly. If you go for the money then it will probably take 6 months .

If you try to get the computer then you will have to start a claim and then you will have to make an emergency application to the court for an order against the people who are currently in position of your computer .

By the way, who is that?

 

 Applying for an interlocutory order will cost a further £200 or £300.

I'm afraid none of this is a cheap process. However, if you win, then you will get all your money back. Plus you will be able to claim your own costs at about £19 per hour.

 

 

 

 

[BankFodder]

Yes, as my site team colleague has indicated above, it wasn't the insurance that was the problem.

It was the fact that the value was wrongly declared.

 

The insurance is irrelevant

[BankFodder]

So you say that it is on its way back to Spain?

 

And also, I'm curious.
You seem to be pretty savvy about the use of trackers and also software trackers within the device itself. Don't you have a backup of the data?

[BankFodder]

I'm afraid that in a way it has now become more complicated because if the parcel is actually on its way back to you in Spain, it's difficult to know exactly what action to take.

You certainly can't take an action ordering them to release the parcel to you. They don't have any more and it's not the jurisdiction. Furthermore, it might be possible for them to argue that they are returning it because of customers requirements et cetera.

If you decide to bring a claim for £1500, then in principle if you win, they become the owners of the parcel and can do what they want with it.

I'm a bit mystified here but my gut instinct is that you will have to wait and see what happens in Spain – and then later on you can certainly try to sue them for any wasted costs in having shipped it over to UK in the first place and of course having to do so again.

Frankly I think that that is probably in your best interests although I'm sure it is very frustrating not knowing where your property is and whether the laptop is still with it.

Of course you know now that in future you should value items correctly and also that when you part with an item like this in the circumstances, it's a Big Fail not to take a completely up-to-date backup. Once again, you seem to be very savvy about these kind of things but you seem to take your eye off the ball at critical moments.

Let us know what you think

[BankFodder]

If you get the parcel back then claim any extra expenses associated with getting it back to you in UK.

If you don't get the parcel back then we will help you sue for the declared value.

 

[BankFodder]

Standby for a response tomorrow

[BankFodder]

Forget any ideas of reporting to the police – or exposing so-called "criminal behaviour".
Apart from the fact that it is not appropriate, nobody will be interested and you just have an even more frustrating time until it dawns on you that there are no particular organisations in this country – or any other country – which are interested or have the resources in helping their citizens out on this kind of matter.

Even people like Trading Standards whose job is meant to be exactly the kind of help you looking for, are totally uninterested and now seem to be working hand-in-hand with various organisations apparently to improve services – but not to deal particularly on behalf of consumers when they are let down by their services.

Yes, you will have to issue a court claim but I suggest that you have a read of the advice I gave on the same issue here

 

[BankFodder]

You don't have to wait, but frankly there's no point in doing anything now.