UPS refusing to pay for damage and withdrawing funds without notice or consent

mattyprice4004

The roof doesn’t have to move around to exert force on the panel - the inertia will be enough. 

That panel looks far too thin, and ideally you’d have spread the loading on the screwheads with washers to stop the panel tearing.

Sorry, but that looks like a case of poor packaging (and I don’t like courier companies!) 

Spank

If the box was smashed you could maybe have an argument that it's been mishandled, as it is it looks like poor packaging, so I can see why they are charging for the bigger size.

Next time either have better packing or have it be picked up.

DiddyDavies

I agree with the comments about poor packing.
At the very least, the box should have been secured with banding as something that size is definitely going to flex when lifted or moved and even slight flexing would be enough to cause the staples to pull out.
The foam may have stopped the item moving slightly but that foam was still pushing outwards on the sides of the box and decent banding would have prevented the sides from detaching.

tacpot12

Woodjack398 said:

 

Thanks for your reply, with regards to the additional charge, are they required to inform me of the paid for dimensions and the measured dimensions? As there is no sign on the receipt for what I paid for.

Basically yes, they have to tell you. The T&Cs will only allow them to make further charges if you send something bigger than you declare. In order for you to sue them for an unauthorised deduction, they would have to show the court the measured dimensions. They don't have to tell the court the size that you declared as this is inherent in the price you paid, but they do have to tell the court how much you paid and how much they charged as extra. Due to the Civil Procedure Rules (CPR), they also have to tell you anything they want to rely on in court. (You might need to actually start a court case to get them to reveal this information though. They won't be in breach of their T&Cs if they don't tell you, but if you take them to court and they don't tell you, they are in breach of the CPR).

From the amount you paid, you can show that you paid for the actual size of the box you sent. I would go on their website now and get evidence of how much delivery would be for a box of the actual size you sent (A screenshot would be sufficient). 

Although many have opined that the box wasn't strong enough; the court will want an expert witness, but I'm inclined to think my original idea of rebuilding the box and filming the extent of the mis-handling that is required to damage it will more graphically illustrate your claim. You would (as explained above) be required to share the video with UPS before court - if it shows that only negligent handling could have caused the damage, I expect they would pay up rather than be ridiculed in court. 

I expect that you will be claiming from UPS the value of the roof that they damaged. I think the court will accept the price you received via eBay to be its market value, so there should be no issue proving your loss there. 

Woodjack398

tacpot12 said:

Woodjack398 said:

 

Thanks for your reply, with regards to the additional charge, are they required to inform me of the paid for dimensions and the measured dimensions? As there is no sign on the receipt for what I paid for.

Basically yes, they have to tell you. The T&Cs will only allow them to make further charges if you send something bigger than you declare. In order for you to sue them for an unauthorised deduction, they would have to show the court the measured dimensions. They don't have to tell the court the size that you declared as this is inherent in the price you paid, but they do have to tell the court how much you paid and how much they charged as extra. Due to the Civil Procedure Rules (CPR), they also have to tell you anything they want to rely on in court. (You might need to actually start a court case to get them to reveal this information though. They won't be in breach of their T&Cs if they don't tell you, but if you take them to court and they don't tell you, they are in breach of the CPR).

From the amount you paid, you can show that you paid for the actual size of the box you sent. I would go on their website now and get evidence of how much delivery would be for a box of the actual size you sent (A screenshot would be sufficient). 

Although many have opined that the box wasn't strong enough; the court will want an expert witness, but I'm inclined to think my original idea of rebuilding the box and filming the extent of the mis-handling that is required to damage it will more graphically illustrate your claim. You would (as explained above) be required to share the video with UPS before court - if it shows that only negligent handling could have caused the damage, I expect they would pay up rather than be ridiculed in court. 

I expect that you will be claiming from UPS the value of the roof that they damaged. I think the court will accept the price you received via eBay to be its market value, so there should be no issue proving your loss there. 

Many thanks for your reply, very helpful!

dacouch

That would be difficult to lift and move, looks like they have turned it on it's side to lift and as they have lifted it the side (Which would be on the bottom has popped)

Jumblebumble

dacouch said:

That would be difficult to lift and move, looks like they have turned it on it's side to lift and as they have lifted it the side (Which would be on the bottom has popped)

I am inclined to agree and to think that speculation that inertia from something moving about the  very narrow space is most unlikely.
Screws into plywood are not going to hold