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 Jamie-Law Your Own Question
Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5902
Experience:  Solicitor
96104960
Type Your Law Question Here...
Jamie-Law is online now

A year ago I sold a very expensive LP on Ebay. The final

Customer Question

A year ago I sold a very expensive LP on Ebay. The final agree price was £2,100 plus shipping and the buyer paid via Paypal. I ordered the delivery with UPS and paid them the shipping cost plus full insurance. Unfortunately the parcel was lost. I then found out that UPS has sub contracted the delivery to a third party courier. When I claimed from UPS they said that it was the third party courier who had lost the parcel and it was not their responsibility. I immediately got back to UPS and said that I had paid UPS for the insurance so it was clear that my contract was with them and not the third party. To cut a long story short despite many emails back and forth UPS has refused to pay my claim on them and that the third party were refusing to settle with UPS. Despite continually contacting UPS they have ignored all my emails and I have not heard anything from them for over 6 months. I am convinced that legally and morally UPS are responsible for settling my claim and that it is time for me to take legal action, assuming I am correct in believing that my contract was with them and that they are liable. What do you think should be my way forward?
Regards
Tony Bale
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello Tony my name is ***** ***** I will help you with this

Yes your contract is with UPS.

You need to write and set out your losses and request a refund within 14 days or say 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.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. If you need anything further I am available for a follow up at no extra cost.