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: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

Concerns a 'lost' (big/heavy) parcel. I recently won an item

Customer Question

Concerns a 'lost' (big/heavy) parcel. I recently won an item on a well known web site. The seller paid for postage and for insurance. The courier claims that the item was delivered and has given a time and a signature. The signature is nothing like mine and obviously it has not been delivered. I was present at the time of the claimed delivery even at the front of the building at times. I have asked my near neighbor. Obviously the seller has done all that the seller can and should not cover the loss. I think the fault lies with the courier. The post person has probably delivered it somewhere and collected a signature. The post person must have thought the property delivered to was the same as my address, hence not giving me a 'your parcel is at' note.
I have already exchanged eMails with the seller. That is how I know about the insurance. I have suggested that the seller make a claim on the insurance purchased.
What is your advice ?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you
What is the value of the item please?
Customer: replied 1 year ago.

I paid £50 + £10 for p&p

Expert:  Ash replied 1 year ago.
I would agree with you. It is for the seller to make a claim. If that is refused then you can ask for a refund of the £60.
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?
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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