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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Good afternoon. I sent a 26kg parcel to China on 6 Jan 2014

Resolved Question:

Good afternoon. I sent a 26kg parcel to China on 6 Jan 2014 using a delivery company operated by Chinese people based in London. The invoice cost of the items contained is £2580. This company uses City Link to pick the parcel up from my house and sending it to this Chinese delivery company for transfer. However, this parcel was lost by City Link. I investigated and find out that, instead of scanning the parcel onto the van for delivery, City Link put on "Manual" when sending out for delivery to the Chinese delivery company and results in that this parcel is not traceable since then. I think this is a key mistake attribute to the lost of this parcel. This Chinese delivery company also made serious mistake that they claimed have received it and transferred it for international shipment which is not the case. They realized one week later that this parcel was actually lost. I was told that I can only get about £250 compensation which is not acceptable. I am considering to sue this Chinese delivery company for making mistakes and result in the lost of my parcel and demanding a full compensation. Do you think it is feasible? How long and how much legal cost will it take? Thank you!
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was it insured please?
Customer: No, it is not insured. However, I got the photo that CITY LINK marked my parcel as manual in their system, which I think it is a prove of their misconduct. I also have the email from the Chinese delivery company replied me that the parcel has been shipped for international delivery when it is already lost.
Alex Watts : It's bad news I am afraid.
Alex Watts : You can not sue the Chinese company - you have no contract with the,
Alex Watts : them
Alex Watts : Even if you could uk judgment you could not enforce it in china.
Alex Watts : Your only option is to sue the uk company who could claim from the Chinese company.
Alex Watts : But you use no contract with the Chinese company.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I think there is some misunderstanding. The delivery company (hereafter: XC Link) is operated by Chinese people but registered in UK and based in London. It is legally a UK company. My argument point is that both XC Link and City Link (the UK company) has misconduct on handling my parcel. I have prove of their misconduct as I mentioned previously. As I paid £77 to XC link for the international shipment, I assume the shipment contract has been established and XC Link is the first carrier of my contract. So far the XC Link blame City Link and expect City Link taking the responsibility of making the compensation. My question is, do I have any chance to get the full compensation from XC Link if I bring XC Link to court?

Alex Watts :

You can't take XC Link to Court, only the courier company YOU instructed.

Alex Watts :

Does that clarify?

Customer:

No, I instructed XC Link. XC Link instructed City Link for the pick up in UK, not me.

Alex Watts :

Then you can ONLY sue XC not City Link

Alex Watts :

Does that clarify?

Customer:

You are not answering my question.

Alex Watts :

You asked: I am considering suing the Chinese delivery Company

Alex Watts :

I said - You can only sue the company who you PAID to do the work.

Alex Watts :

You said that was XC Link

Customer:

My question is, do I have any chance to get the full compensation from XC Link if I bring XC Link to court?

Alex Watts :

I said you can sue XC Link

Alex Watts :

What else do you want to know?

Alex Watts :

do I have any chance to get the full compensation from XC Link if I bring XC Link to court? - Yes, if you can show that they failed to act with all reasonable skill and care and/or were negligent

Customer:

I surely know I can sue XC Link even before I put this query.

Alex Watts :

You asked do you have a chance? I answered this.

Alex Watts :

Please be clear so I can help you/

Alex Watts :

What is your question that you need the answer to?

Customer:

YOU ARE NOT PERFORMING PROFESSIONALLY.

Customer:

You do not even read my query carefully.

Customer:

I am considering to sue this Chinese delivery company for making mistakes and result in the lost of my parcel and demanding a full compensation. Do you think it is feasible? How long and how much legal cost will it take? Thank you!

Customer:

THIS IS MY ORIGINAL QUESTION.

Customer:

WHAT DID YOU ANSWER?

Alex Watts :

Do you think it is feasible? - Yes see my reply above.

Alex Watts :

How long and how much legal cost will it take? - If not defended 2 weeks. If defended 6 months

Customer:

Alex Watts says:

10:08 PM



You can't take XC Link to Court, only the courier company YOU instructed.


Alex Watts :

Costs: These vary

Alex Watts :

A list of Court fees can be found at:

Alex Watts :

http://www.justice.gov.uk/courts/fees

Alex Watts :

Does this answer your question?

Alex Watts :

If not, please let me know what you want me to clarify for you and I will do so

Customer:

How much chance do you think I have to get the full compensation?

Customer:

of £2580

Alex Watts :

Its hard to say because one Judge may give you this, another Judge may not

Alex Watts :

Litigation is never certain

Alex Watts :

I think you would get more then £250

Customer:

How much do you estimate the total cost of bringing this to court, including the solicitor fee and court fee?

Alex Watts :

You can't instruct a Solicitor, it would be a small claim and you couldnt claim it back.

Alex Watts :

Cost of seeking back £2500 or so - around £250 or so

Alex Watts :

That is Court fees

Customer:

Thank you. Could you please check my understanding so far? So I totally pay around £250 as the court fee, suing XC Link to seek back £2500 of the parcel lost. I will not be able to instruct a solicitor and thus I myself should provide the evidence proving the misconduct of XC link resulting the lost of my parcel. The winning chance is not guaranteed.

Alex Watts :

That is correct.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Could you please brief me the steps/process that I need to go through?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.


 


Can I clarify anything for you about this today please?


 

Customer:

Thank you! This is clear. Two last questions. Can I sue even I am not a british citizen but I have valid visa in UK?

Alex Watts :

Yes

Alex Watts :

You don't even need a visa to sue

Customer:

2. If this has been brought to court, do I and the defendant need to show up on court?

Alex Watts :

You need to show up yes as you bring the claim.

Alex Watts :

If the Defendant does not show up, you are more likely to win

Customer:

I live in Reading and this company is in London. Which court should I bring to?

Alex Watts :

www.moneyclaim.gov.uk

Alex Watts :

It would automatically be transferred to your home Court if defended

Customer:

Many thanks! One last question: if the court ordered XC Link to compensate. But XC Link refuse to pay, what will happen?

Alex Watts :

You could enforce it

Customer:

Could you please be specific?

Customer:

How to enforce it?

Alex Watts :

Bailiffs

Alex Watts :

Bankruptvy

Alex Watts :

Can I clarify anything?

Customer:

OK, that's it. Thank you.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Can I clarify anything else?

Expert:  Ash replied 3 years ago.
I see you have left NEGATIVE feedback despite me giving you legal advice and telling you what to do?

What else do you want to know?

Alex

Customer: replied 3 years ago.

I left negative feedback because of your very impatient attitude. For example, you even do not bother to spend more than two words for my last question of how to enforce it. You should pay more attention on answering questions clearly instead of answering questions mindlessly but asking 'Can I clarify anything?'

Expert:  Ash replied 3 years ago.
Of course I want to clarify to see if there is anything there is anything else you want to know.

My goal is to make sure you completely understand my answer which is why I ask if I need to clarify anything.

Alex

Customer: replied 3 years ago.

OK, then please clarify Bailiffs and Bankruptcy on how I could enforce the judgement.

Expert:  Ash replied 3 years ago.
Once you het judgement then you can make an application to send in the bailiffs. The cost of £100 and the court will send then,

Or bankruptcy, you need to serve a statutory demand and then if not contested apply for bankruptcy.

You also have to remember the fee you paid was for low detail and low urgency which is why you do not get the same amount of information than a higher fee.

Alex

Ash and other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.