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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I agreed with a cargo transfer company (based in the

Customer Question

I agreed with a cargo transfer company (based in the terminal at Heathrow Airport) to transfer an item of luggage to the UAE. During the discussion, I explained to them that I was being asked by the airline to pay £500, but I was advised that it might be cheaper to use the cargo company (albeit wait longer to receive). Visibly in a hurry to make my flight, I paid around £230 and signed / initialled all documents. Upon arrival in the UAE, I was required to pay c. £150 to local companies (various items on the invoice, none of which I can clearly understand). The documents I signed in London do clearly state that there are some charges to be paid, but it was not clear to me that the amounts would be so high, relative to the £230 - had I realised this, I would have paid a bit more to have my luggage with me. The company in the UAE who handled the transfer said that they are always dealing with disgruntled customers who don't fully appreciate how much they are going to have to pay at the other end to receive their goods. They told me that they can arrange all of the formalities for a fee - so why doesn't the company in the UK give the option and charge up front for those arrangements.
Have I been treated unfairly under consumer protection laws? Does the fact that there is a disclaimer protect the company, even if I was visibly hurried whilst signing (even allowing their representative to complete parts of the form after I left to speed things up)? Do I have a case to claim back all or part of the £150 paid in the UAE?
Submitted: 3 months ago.
Category: Law
Expert:  Ash replied 3 months ago.

Hello my name is ***** ***** I will help you,.

What is it you want to achieve? Claim back the £150?

Customer: replied 3 months ago.
ideally
Expert:  Ash replied 3 months ago.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.

This is breach of contract by false representation (as to the £150).

Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
Ash,This is as well but this information I have already read on the govt website. The question is whether I have a case or not. I don't want to file a claim if it's going to be dismissed out of hand. The amount is small.
Expert:  Ash replied 3 months ago.

Yes you have a case based on what you have said.

Customer: replied 3 months ago.
Thanks Ash,Just to finish this off, can you confirm on what basis I have a case - is this about consumer protection, and if so, in what way. Which elements of the case stood out. Is it because the amount paid in UAE was excessive in relative terms, or is it because they completed bits of the form? I paid for "medium" level of detail, so hopefully I'm entitled to get that information.Regards, Z
Expert:  Ash replied 3 months ago.

They failed to act with all reasonable skill and care. They didn't tell you that additional fees were required in advance.

Does that help?

Customer: replied 3 months ago.
Sorry I guess you missed this in my initial email but I explicitly stated that the disclaimers I initialled mentioned that there would be extra charges.
Expert:  Ash replied 3 months ago.

But they didnt make it obvious. They should have reasonably brought it to your attention - they did not.

That is what you are saying.

Customer: replied 3 months ago.
I'm saying they didn't bring the fact that it would be so sizeable to my attention (and they could have reasonably known the amount). They did bring the fact that there would be a charge but didn't specify.
Expert:  Ash replied 3 months ago.

Exactly. Which is what they reasonably should have done.

Does that clairfy?

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