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Do you have insurance on the goods in transit with the courier please?
Can you confirm the driver has an agreement to leave them in a particular place direct with the customer?
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
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.
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.
You should put the buyer as First Defendant UPS as Second Defendant. There is no additional cost for doing this
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.
The cost to you is £1000 so it will be a small claim
can I clarify anything for you about this today please?
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
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)
He should sue you as his contract is with you.
Your contract is with UPS
But if you are sued as a small claim then you can counter claim against UPS and let the Court decide who is responsible.
But in reality it should not be you
Can I clarify anything else?
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