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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 75960
Experience:  Qualified Solicitor
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UPS have lost an expensive parcel and seem to be doing

Customer Question

UPS have lost an expensive parcel and seem to be doing nothing to find it
JA: Where is this? It matters because laws vary by location.
Customer: Tamworth in England
JA: What steps have been taken so far?
Customer: We have rang them and they opened an eight day investigation over two weeks ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

Please explain the situation in some more detail. When did you send your parcel and when did they lose it?

Customer: replied 13 days ago.
It was sent I think on the 3rd of November and they lost it on the 5th November
Customer: replied 13 days ago.
Hello
Customer: replied 13 days ago.
I don’t want a phone call
Customer: replied 13 days ago.
Are you replying to me if not I want my money back
Expert:  Ben Jones replied 13 days ago.

Did you take out insurance with them to cover the value of the goods?

Customer: replied 13 days ago.
the item is worth £1250 but only insured for £1000
Expert:  Ben Jones replied 13 days ago.

OK I understand and thank you for providing this information. Please leave it with me and I will get back to you with my answer as soon as I can, usually the same day. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 13 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about this situation and any associated issues.

If the item was insured then you can initiate a claim with the courier direct, using their official claims process for lost items and let them investigate before deciding on whether they can cover it under the policy you had with them. I appreciate it is frustrating to wait for the outcome, especially when there is a delay in replying to you, but you do have to let them carry out their investigation and delays can occur.

Only if these delays are becoming unreasonable (by that I mean weeks of no reply, rather than just days), you could eventually consider taking this further more formally. This could involve a claim for compensation for the insured amount, which you could have recovered through the insurance cover.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

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

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 13 days ago.
We have calling and calling them and the owner of the package has asked them to investigate, they have had eight days which they agreed was the investigation time, and it has been well over that now, I don’t think a letter will make a bit of difference as they just do not seem bothered at all
Expert:  Ben Jones replied 13 days ago.

This is just an example of poor customer service for the time being, but as mentioned if it is clear that after giving them a reasonable time to resolve this (again I reiterate that it would mean weeks, rather than days), you can eventually start the formal recover y process if needed

Expert:  Ben Jones replied 13 days ago.

I trust that everything has now been dealt with to your satisfaction and your original question has been resolved. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.