Issues with a courier company - am I entitled to a refund / compensation?

I sent a parcel to the USA with a well known budget courier over the Christmas period.  The parcel did not arrive on time and on checking the tracking I notice there were various issues with the label and I contacted them on 13/12/24 to ask what was happening and what this meant.  No one knew what this meant and no one got back to me with any explanation.  I raised an enquiry with them and a complaint and they opened a claim for this parcel.  Still no one got back to me with any explanation to what all of the parcel and label errors meant.

The tracking shows that it left the origin country on two different dates more than a week apart and non one has been able to say how this is possible or what this means or where my parcel was in all this time.  In fact most of the time they have had the parcel, no one has even known what country it is in.

Fast forward to 06/01/24 and by this time I have sent a duplicate item out at my own cost as it is clear it not going to arrive.  The courier also closes the complaint saying that the parcel is being returned to sender as it failed customs clearance.  I again ask what was the issue with the labels and could this be why it failed clearance.  They do not tell me the issue and do not say why it failed customs clearance.  I explain that I send many of these parcels without issue, but get nothing back.

The returned parcel does not get delivered back to me, yet they provide a photo of a parcel leant up against my neighbour's closed front door.  The property is directly on the street.  No person is in the photo.

They close the claim and refuse to open it back up saying that the item has been delivered. They state that they do not pay out for consequential loss.  I have stated that they did not deliver the parcel as they were contracted to do and this is what I paid for, so they should be refunding me, but they blame then issue on customs.

I have been dealing with their complaints team via email, but now they are telling me if I have any further questions to write a paper letter to a physical address.  I believe I am being fobbed off.

Do I have any rights with this situation?  Any words of phrases I can use which will want them to help me?

Also to add the status of the parcel before it even got to customs was error and no one was ever able to explain what this means or why.

I will paste some of the tracking info below incase it is helpful.

First lot of tracking which is different to the local tracking below:

TimestampDetailType
09/01/2025This parcel has been deliveredDelivered
09/01/2025ETA of deliveryDelivery Scheduled
09/01/2025Out For DeliveryDelivery Scheduled
08/01/2025This parcel is on its way to the courierAt Depot
08/01/2025Parcel processed at the depotAt Depot
08/01/2025Parcel processed at the hubIn Transit
08/01/2025We've received this parcel at the hub and will be sorted to the customers delivery depotIn Transit
06/01/2025This parcel is currently being processed to be returned to the retailerRTS
06/01/2025In Hub - Failed customs clearanceMisc
18/12/2024Received at INT HubLeft Origin Country
09/12/2024Received at INT HubLeft Origin Country
06/12/2024Parcel processed at the hubIn Transit
06/12/2024We've received this parcel at the hub and will be sorted to the customers delivery depotIn Transit
05/12/2024Collected from ParcelShopCollected
05/12/2024Customer Sent via ParcelShopDropped Off

The following is described as local tracking:

Date/TimeEventLocationComments
2024-12-18 06:36:21Attempted ProcessingBasildon, GBAttempted Processing at LHR
2024-12-18 06:36:21Carrier label errorSouthsea, GBCarrier creation error
2024-12-13 13:54:58CreatedSouthsea, GBParcel created by myHermes International
2024-12-13 13:54:58CreatedBasildon, GBParcel created by myHermes International at LHR
2024-12-09 10:20:24Attempted ProcessingBasildon, GBAttempted Processing at LHR
2024-12-09 10:20:24Carrier label errorSouthsea, GBCarrier creation error
2024-11-24 21:30:35CreatedBasildon, GBParcel created by myHermes International at LHR

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Comments

  • visidigi
    visidigi Posts: 6,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    What exactly was in the package?
  • Okell
    Okell Posts: 2,374 Forumite
    1,000 Posts First Anniversary Name Dropper
    LIFRY said: 

    ... I explain that I send many of these parcels without issue, but get nothing back...

    Are you a consumer or a business?

    As per @visidigi, what was in the parcel, what was its value, and did the courier know its value?
  • Alderbank
    Alderbank Posts: 3,730 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    LIFRY said:
    I have sent a duplicate item out at my own cost...
    I explain that I send many of these parcels without issue, but get nothing back.

    Do I have any rights with this situation?  Any words of phrases I can use which will want them to help me?


    This sounds like a sale in connection with your trade or business?

    If so, you do have rights but not consumer rights.
  • LIFRY
    LIFRY Posts: 11 Forumite
    Name Dropper First Post
    I am not sure how to comment on the individual comments.  However the answers to your questions are:  I am a small handcrafted seller, registered as a sole trader.  The item was a custom made fabric notice board.  Value is £79 and yes courier new this price and was insured for the same.  Thanks in advance for any help you can offer :)
  • LIFRY
    LIFRY Posts: 11 Forumite
    Name Dropper First Post
    visidigi said:
    What exactly was in the package?
    A custom made handmade fabric notice board.
  • LIFRY
    LIFRY Posts: 11 Forumite
    Name Dropper First Post
    Okell said:
    LIFRY said: 

    ... I explain that I send many of these parcels without issue, but get nothing back...

    Are you a consumer or a business?

    As per @visidigi, what was in the parcel, what was its value, and did the courier know its value?
    I am a small business registered as a sole trader.  Value £79 and yes courier was aware and covered for full value.
  • LIFRY
    LIFRY Posts: 11 Forumite
    Name Dropper First Post
    Alderbank said:
    LIFRY said:
    I have sent a duplicate item out at my own cost...
    I explain that I send many of these parcels without issue, but get nothing back.

    Do I have any rights with this situation?  Any words of phrases I can use which will want them to help me?


    This sounds like a sale in connection with your trade or business?

    If so, you do have rights but not consumer rights.
    This is correct I am a sole trader making handmade notice boards, do you know what my rights are please?
  • Okell
    Okell Posts: 2,374 Forumite
    1,000 Posts First Anniversary Name Dropper
    If you are a business you have no "consumer" rights and this is a consumer advice board.  You might be better off posting on the small business board:  Small biz MoneySaving — MoneySavingExpert Forum

    It's not entirely clear what remedy you are looking for, but have you tried to claim on the insuravce?  If the courier has refused a claim, what grounds have they given?  It sounds like you have proof that they didn't deliver the item back to you, but just left it in the street outside your neighbour's?
  • LIFRY
    LIFRY Posts: 11 Forumite
    Name Dropper First Post
    Okell said:
    If you are a business you have no "consumer" rights and this is a consumer advice board.  You might be better off posting on the small business board:  Small biz MoneySaving — MoneySavingExpert Forum

    It's not entirely clear what remedy you are looking for, but have you tried to claim on the insuravce?  If the courier has refused a claim, what grounds have they given?  It sounds like you have proof that they didn't deliver the item back to you, but just left it in the street outside your neighbour's?
    I want to claim for the cost of the parcel and the cost paid for the carriage so that I am not out of pocket.  I have tried to claim through the insurance through their claims process, but it has been denied stating that the parcel has been delivered.  They have said that the failed delivery was due to the parcel not clearing customs.  They have provided me a photo of the item leant up against my neighbour's closed front door.  I am not sure if it makes a difference or not, but I do not have a business account with the courier, I have booked and paid for the postage in the same way anyone would.  Also the replacement item I sent has cleared customs no problem.  The issue is clearly to do with the carrier label issue (whatever this means).
  • visidigi
    visidigi Posts: 6,546 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    LIFRY said:
    visidigi said:
    What exactly was in the package?
    A custom made handmade fabric notice board.
    Did you file a textile declaration for the fabric in the item? Was it in addition to the commercial invoice you would have completed?

    I suspect it might be that they could not export it due to insufficient paperwork
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