UPS Damaged Goods - taking to small claims court of writing to financial ombudsman service

pred02

Hi,

I sold a used amplifier for £220 on eBay. I packaged it up real good, booked directly via UPS.com and declared the correct value. The amplifier was damaged (dents to the box) and was not working. I called UPS and claimed damages. They said it was not adequately packaged. I've sent the before and after photos as well as pictures of damages and video not working, they denied my appeal and now said no evidence that they damaged it.

£220 is not a little or lot of money, but out of principle I want to take UPS to small claims court as I've done everything I can - packaged, took pictures, declared the correct value and paid extra for it. 

The small claim court route is £35 and then £65 if I have a hearing. Financial Ombudsman route is what resolver suggest.

Any experience and/or advice?

Thanks

ItsComingRome

What would the Financial Ombudsman want to do with a service bought from a courier?

If there are a few dents to the box, and it was still damaged, that would indicate inadequate packaging.

born_again

pred02 said:

Hi,

I sold a used amplifier for £220 on eBay. I packaged it up real good, booked directly via UPS.com and declared the correct value. The amplifier was damaged (dents to the box) and was not working. I called UPS and claimed damages. They said it was not adequately packaged. I've sent the before and after photos as well as pictures of damages and video not working, they denied my appeal and now said no evidence that they damaged it.

£220 is not a little or lot of money, but out of principle I want to take UPS to small claims court as I've done everything I can - packaged, took pictures, declared the correct value and paid extra for it. 

The small claim court route is £35 and then £65 if I have a hearing. Financial Ombudsman route is what resolver suggest.

Any experience and/or advice?

Thanks

Why would resolver suggest FOS?
This has nothing to do with Financial services...

Have you received the item back from the purchaser to confirm that the damage was done by UPS? And not a case of buyer remorse.

Undervalued

born_again said:

pred02 said:

Hi,

I sold a used amplifier for £220 on eBay. I packaged it up real good, booked directly via UPS.com and declared the correct value. The amplifier was damaged (dents to the box) and was not working. I called UPS and claimed damages. They said it was not adequately packaged. I've sent the before and after photos as well as pictures of damages and video not working, they denied my appeal and now said no evidence that they damaged it.

£220 is not a little or lot of money, but out of principle I want to take UPS to small claims court as I've done everything I can - packaged, took pictures, declared the correct value and paid extra for it. 

The small claim court route is £35 and then £65 if I have a hearing. Financial Ombudsman route is what resolver suggest.

Any experience and/or advice?

Thanks

Why would resolver suggest FOS?
This has nothing to do with Financial services...

Have you received the item back from the purchaser to confirm that the damage was done by UPS? And not a case of buyer remorse.

If the price paid to UPS included an element of insurance then surely that would fall within the FOS remit?

born_again

That would depend on it being a actual insurance policy & not simply something UPS offer extra at a cost.

>>Your shipment automatically comes with basic coverage for loss or damage up to £60 at no additional cost and no value declaration required. If your goods exceed the basic protection amount of £60, businesses can opt for additional coverage up to £1000.

The purchase price will be included on the summary page with the rest of the total amount breakdown.

It is important to bear in mind that the following applies:

1. The value of any parcel may not exceed £40,000 (or equivalent of USD 50,000);
2. The value of any jewellery or watches, other than costume jewellery or costume watches, in a parcel shall not exceed the local currency equivalent of £400 (or equivalent of USD 500);

You should note that the coverage and payment in case of a damage or a loss will be based on the value of replacing the goods that are being shipped. In order to calculate the correct value, we will need supporting documents as evidence of the prices of the goods.<<

So that makes no mention of being a insurance policy as you would expect, rather it is a additional service they offer at a charge.

Sandtree

Undervalued said:

born_again said:

pred02 said:

Hi,

I sold a used amplifier for £220 on eBay. I packaged it up real good, booked directly via UPS.com and declared the correct value. The amplifier was damaged (dents to the box) and was not working. I called UPS and claimed damages. They said it was not adequately packaged. I've sent the before and after photos as well as pictures of damages and video not working, they denied my appeal and now said no evidence that they damaged it.

£220 is not a little or lot of money, but out of principle I want to take UPS to small claims court as I've done everything I can - packaged, took pictures, declared the correct value and paid extra for it. 

The small claim court route is £35 and then £65 if I have a hearing. Financial Ombudsman route is what resolver suggest.

Any experience and/or advice?

Thanks

Why would resolver suggest FOS?
This has nothing to do with Financial services...

Have you received the item back from the purchaser to confirm that the damage was done by UPS? And not a case of buyer remorse.

If the price paid to UPS included an element of insurance then surely that would fall within the FOS remit?

If there was an element of insurance there would have to be an insurance company involved and everything else that the regulated matter of insurance requires.

Just as warranties/service plans are often constructed to avoid being insurance so to what UPS offers is a contractual liability coverage not an insurance policy. 

pred02

It's not buyers remorse, I received the item and it was banged up. I am in bit of disbelief how terrible UPS customer service has become, how many calls I had to make to first make the claim, then the fact despite all evidence they still reject it. If I did not go through the pain to make sure its properly packaged, label it fragile, go directly through UPS.com so I can declare higher value I wouldn't bother. It's as these companies don't have any CRM anymore. Now it's more the principle than the money. 

I've filed a claim with the Small Claims Court. Will keep posted off the outcome.

born_again

pred02 said:

It's not buyers remorse, I received the item and it was banged up. I am in bit of disbelief how terrible UPS customer service has become, how many calls I had to make to first make the claim, then the fact despite all evidence they still reject it. If I did not go through the pain to make sure its properly packaged, label it fragile, go directly through UPS.com so I can declare higher value I wouldn't bother. It's as these companies don't have any CRM anymore. Now it's more the principle than the money. 

I've filed a claim with the Small Claims Court. Will keep posted off the outcome.

So did the buyer send back the item in the packaging you sent it in, inside another box to prove the damage?

visidigi

Can you share the photos?

I'm not saying you did. But what people think is well packaged vs the UPS requirements are very different. 

You say it had dents to the box and wasnt working. Are you saying the dents were to the outer box and the amp didn't work or were the dents on the amp itself?

If a few dents to the box = the amp stopped working then you can see why UPS wouldn't pay out.

Boxes will get dents. I mean I struggled to get 'a courier' to accept that a rackmounted server in a cage arriving in a triangular shape was not how it was when I put it in the appropriate packaging...

custardy

"I packaged it up real good" which consisted of?

pred02

To provide an update, I've gone to court and won the small claims case against UPS. They used a big legal firm who tried to have it dismissed. At the end of the day it was the strength of the evidence (pictures, e-mails) that helped win the case.

If I had to do it again I probably would not go down the claims route, it took 9 months and lot of stress beyond the initial claim - e.g. having to pay court fees within 7 days but no instructions on how to do so while on Easter holidays, sending documents against very specific deadlines and facing off to big firm solicitors. And who knows if they are going to pay me.

Beyond the value of the item there is positive closure especially the fact that in this instance I did everything to ensure in case there is damage I am covered (took photos before after, kept communications) and UPS was still being difficult about paying out the claim.