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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I bought goods in line, they were delivered to my house. The

Resolved Question:

Hi
I bought goods in line, they were delivered to my house.
The unit was incorrect and we used the return label and handed the unit properly wrapped and signed to a drop off point at the post code provided.
The label was UPs, and we accidentally dropped the unit at shop next door which was collect+ agent.
They accepted unit, issued receipt, and then the unit was collected by collect+ van and taken away.
The unit never made it to the seller ( Microsoft) and collect+ say it is not their problem or issue.
We have had numerous exchanges and they have checked internally at depots and lost parcels - all to no avail.
Having trusted them with my goods, and the agent admitting this and us having a receipt, Can I start a claim against collect+ ?
Microsoft say it is not their problem, my credit card say it is not covered under their cover, and I am still £390 out of pocket and have no kit.
Should I be reporting this to the police as a loss / theft ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Did you instruct the Collect+ or did the supplier get you to use that?
Customer: replied 1 year ago.
Neither,
The vendor / supplier provided a UPS pre paid sticker,
We delivered the goods to the C+ agent, who accepted it and issued receipt and it was then taken away by C+ courier.
We did this in error as the shops were next door to each other.
Sure,y they have a duty of care ? And accepted goods into Trust ?
I get the there is no contract or consideration between us and C+
The accepting agent is a small corner shop agency.
Expert:  Ash replied 1 year ago.
Ok. Then it is for the supplier to take it up with UPS. You have no contract with UPS. It should be the supplier paying you back and taking it up with UPS not you.
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 signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hi Alex,
Thanks for this,
The matter is with Microsoft ( supplier) regardless of fact I delivered unit to a non UPS agent ? But otherwise adhered to their process and system, used their forms, and delivered to an address at the prescribed post code.
They have denied liability already, after various escalations.
Just want to clarify this completely.
Thanks
andrew
Expert:  Ash replied 1 year ago.
If they instructed you to use Collect+ and this was an option then it is still a matter between the supplier and UPS.
Alex
Customer: replied 1 year ago.
Hi Alex,
They didn't instruct us, we did it by error.
The agents are adjacent shops, we went to C+ in error, but they accepted the goods.
Microsoft told us to go to UPS and gave us pre paid return forms
Expert:  Ash replied 1 year ago.
I see. Sadly then in that case it is your fault, but the shop / carrier is liable.
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 signed 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thanks Alex,
Next , and probably last, question.....
Do I issue letters to carrier and shop seperately ? Or do it jointly to both ?
Thanks,
Andrew
Expert:  Ash replied 1 year ago.
Separate Andrew.
I hope that helps.
Alex
Customer: replied 1 year ago.
Thanks Alex,
Helpful indeed
I shal leave a smiley face shortly
Thank you for your help
Andrew
Expert:  Ash replied 1 year ago.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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