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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47373
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I sent a laptop keyboard repair, when it was fixed they sent

Customer Question

Hi, I sent a laptop for a keyboard repair, when it was fixed they sent it back using the UPS courier. When it arrived it was dented in transit. I spoke to UPS who said speak to the sender, which I did and they said speak to UPS. UPS sent someone out to take a look and said a claim was due, speak to the sender for the details. This went on for a long time, I kept speaking to the sender who said UPS had not sent any details to them, then I would speak to UPS who would say, speak to the sender we cannot speak to you, you are not our client. After 18 months of this UPS then said the details had disappeared from thier system, the sender is still maintaining that nothing regarding the claim has been sent to them. So, no my laptop is unusable from the damage, the dent caused the battery to swell up which had distorted the mouse pad (macbook pro). Long story short, I then sent UPS a recorded delivery letter stating that I held them responsible as the laptop was in thier charge when I was damaged and that I would take further steps if they did not resolve in 14 days. I am now at this stage, can I take them to small claims court ? cheers..
Submitted: 12 months ago.
Category: Law
Expert:  Ben Jones replied 12 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 12 months ago.

Have they contacted you at all within the 14 days?

Customer: replied 12 months ago.
Hi Ben, they contacted me after about 4 weeks via email to say that the details had dropped off thier system which happens after 18 months.
Expert:  Ben Jones replied 12 months ago.

Hi there and thank you for your response, please leave it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 12 months ago.
they needed to contact me by the 20th April, they actually contacted me on the 14th July .. ok, thanks, ***** ***** in no rush, this has gone on for so long :)
Expert:  Ben Jones replied 12 months ago.

No problem at all and many thanks.

Expert:  Ben Jones replied 12 months ago.

Thank for your patience. The issue here is that it is the repair company that you would be claiming against, rather than UPS. That is because there was no contract between you and UPS – the only contract was between you and the repairers, unless you had personally requested and paid for the collection of the item via UPS. So your rights are against the repairers and they then would have their own rights against UPS as that is who the contract with UPS would be between.

So whilst you can take the matter further and issue proceedings in the small claims court to get compensation, you just need to be mindful about who you are actually going to be pursuing, which in this case needs to be the repairers. So if you have not given them the opportunity to resolve this, you may have to take a few steps back before you make a claim, although as you have 6 years to submit it, there is still no immediate rush.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow leading up to and starting a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 12 months ago.
That's great advice, I will rate your response so far.
Expert:  Ben Jones replied 12 months ago.

Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 11 months ago.
Thanks for the info, I have been in touch with the sender ( TCtouch Solutions ) and he says he is not going to pay for something he didn't damage. I informed him that in the long term he would get the money back from UPS. What should I do next ?
Expert:  Ben Jones replied 11 months ago.

whilst physically he was not responsible for the damage, he has obligations until you get the item back and it would also include liability for damage caused by others. He can indeed take his own claim against the shipping company so if you need to take this further then you need to follow the steps outlined above