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Claiming against a courier service for loss.

Claiming against a courier service for loss.

Postby shootist » Wed Mar 22, 2017 9:14 am

I half suspect that this will be more complicated than it seems, but here goes.

An item is ordered from a USA supplier via eBay at a price including delivery of £50. It is duly posted with a tracking service. It arrives at courier service A in England (not that far from the delivery address). This courier service farms it out to another courier service, B, who have a tracking number of their own. The item is not delivered. On speaking to courier B's Customer Shafting Department, they confirm the delivery address from their own tracking number but deny the item was ever received by them, which seems clearly to be a lie. When enquiring about compensation their reply amounts to "Nothing to do with us. Get back to eBay." While a refund from eBay is likely it seems unfair when it seems fairly certain that courier B has been negligent in their duties.

The question is, would a claim through the small claims court be workable? The concerns are that the original contract was with the USA supplier who engaged the services of the US postal services to deliver the item. OTOH, the loss is due to the negligence of courier B who is based in the UK.
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Re: Claiming against a courier service for loss.

Postby atticus » Wed Mar 22, 2017 9:39 am

Did the purchaser contract with any delivery service? Surely her contract is with the seller.
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Re: Claiming against a courier service for loss.

Postby shootist » Wed Mar 22, 2017 10:09 am

Such is my suspicion. However, this seems to give carte blanche to couriers delivering items from abroad to be as negligent as they wish, a thieves charter in effect. I was hoping that there might be a way around the initial contract issue, as the loss can be proved to have happened in the UK, and there are at least two other courier services in the middle, between sender and loser. If it cannot be a straightforward action against courier B, then might it be possible for the sender to somehow authorise the would be recipient to act against courier B on their behalf?
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Re: Claiming against a courier service for loss.

Postby atticus » Wed Mar 22, 2017 10:26 am

Why not get a refund from the seller? That is the KISS option.
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Re: Claiming against a courier service for loss.

Postby shootist » Wed Mar 22, 2017 10:39 am

The basic irritation is the attitude of the courier, which amounts to 'get stuffed'. They have what is essentially a thieves charter. A bald lie by the Customer Shafting Department secure in the knowledge that the USA provider isn't going to bother taking them to court. Apart from bad mouthing them on the internet there seems to be little that can be done.
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Re: Claiming against a courier service for loss.

Postby diy » Wed Mar 22, 2017 10:59 am

I think you'll find that the courier indemnified the seller (his client) up to a certain value for the loss or damage of the item. You will further probably find that the internal agreement between the various delivery firms allows the company who suffered loss at the hands of the other company to recovery their loss.

As I understand it:

A buys X from B including delivery, B contracts with C, C contracts with D, D fails.

A claims from B
B claims from C
C claims from D who failed.
My suggestions are not legal advice
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Re: Claiming against a courier service for loss.

Postby dls » Wed Mar 22, 2017 11:21 am

Agreed. Get you money back from the seller, and leave them to sort it out themselves. You do not really know what happened, and never will.
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Re: Claiming against a courier service for loss.

Postby CP09 » Thu Mar 23, 2017 7:10 am

Go back to the seller.

I had a similar situation a year or so ago.
Bought an item online, direct from manufacturer in Germany.

Courier in Europe tracking showed that the package had been handed to a UK company for delivery. Their tracking showed the handover, then nothing...
I copied my request for info to the seller, they emailed back that it was their problem, and dispatched another one.
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Re: Claiming against a courier service for loss.

Postby shootist » Thu Mar 23, 2017 10:55 am

I am actually more irritated that there is one of the largest courier services in the UK that is effectively running a thieves charter. They can 'lose' certain items with absolute impunity and it seems from internet research will tell the first lie that comes into their head when contacted. They should rename their business to 'Ali Baba'.
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Re: Claiming against a courier service for loss.

Postby dls » Thu Mar 23, 2017 11:08 am

Isn't alibaba the Chinese ebay?
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