How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

WE ARE AN AUCTION COMPANY, WE SENT BY REQUEST OF OUR WINNING

Customer Question

WE ARE AN AUCTION COMPANY, WE SENT BY REQUEST OF OUR WINNING BIDDER, 2 x BOXES OF WATCHES WORTH 1000 POUNDS, UPS WEBSITE SHOWS THEM DELIVERED, SEE

http://wwwapps.ups.com/WebTracking/track?track=yes&trackNums=1ZFY88586894267462&loc=en_uk

HOWEVER THE CUSTOMER IS SAYING THEY HAVE NOT RECEIVED THEM, I KEEP CONTACTING UPS AND THEY OPEN A INVESTIGATION BUT IT GETS CLOSED WHEN THEY CHECK THE SYSTEM AND IT SHOWS SIGNED FOR AND DELIVERED.

I HAVE SPOKEN TO UPS SEVERAL TIMES AND THEY SAY THE DRIVER LEFT THEM IN THE BUILDING IN THE "USUAL PLACE" , HOWEVER THE RECEIVERS SAY THERE IS NO SUCH AGREEMENT, WHAT I NEED TO KNOW IS WHO IS LEGALLY RESPONSIBLE? IS THE RECEIVER LIABLE FOR GOODS DELIVERED WHICH HE SAYS HAVE BEEN STOLEN? DOES HE HAVE TO CLAIM ON HIS OWN INSURANCE? ARE UPS RESPONSIBLE? IN WHICH CASE WHO NEEDS TO SUE THEM , US OR THE RECEIVER? OR ARE WE RESPONSIBLE ? WHAT DO WE NEED TO DO?

ANY HELP APPRECIATED
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** 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 :

Do you have insurance on the goods in transit with the courier please?

Alex Watts :

Can you confirm the driver has an agreement to leave them in a particular place direct with the customer?

JACUSTOMER-cq58t6zy- :

I insured the goods for a 1000 but could not insure the other 400 buyers premium as they dont cover that, UPS said there driver said there was a Usual place where things were left but the people are denying that

Alex Watts :

In my view you should write to both UPS and the buyer and request payment is made within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

Alex Watts :

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf


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

Alex Watts :

You should put the buyer as First Defendant UPS as Second Defendant. There is no additional cost for doing this

Alex Watts :

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

Alex Watts :

The cost to you is £1000 so it will be a small claim

Alex Watts :

can I clarify anything for you about this today please?

JACUSTOMER-cq58t6zy- :

sorry I never gave you enough information, the buyer has paid for the goods but now wants to sue us as he doesnt have his goods

JACUSTOMER-cq58t6zy- :

what I need to know is should the buyer sue us or ups? as UPS have not delivered the goods (athough in there eyes they have)

Alex Watts :

I see.

Alex Watts :

He should sue you as his contract is with you.

Alex Watts :

Your contract is with UPS

Alex Watts :

But if you are sued as a small claim then you can counter claim against UPS and let the Court decide who is responsible.

Alex Watts :

But in reality it should not be you

Alex Watts :

Can I clarify anything else?

Alex Watts : If this answers your question might I invite you to rate my answer please. If the system won't let you please do say
Alex Watts : If you need more help please click reply.
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/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice