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

TELLIT01

As the OP is selling as a business they have no consumer rights.  What other action they can take in order to get the package or make a successful claim off the insurance is for those with more knowledge to try to answer.

LIFRY

visidigi said:

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

I believe I did everything correctly.  I do not believe that the parcel even reached customs.  I think the courier had some kind of issue and returned it and are using customs as an excuse, so that they are not liable.  If the parcel had been in customs, would anyone be notified or would paperwork attached to the parcel / sent to the courier etc?  Thanks

Okell

LIFRY said:

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...

Sorry but you're not making this very clear...

Are you saying that you want to claim for the original parcel that - for some reason failed to get through customs - and which was meant to be returned to you, but was actually left in the street outside your neighbour's property and you never got it back?

Is that what you are wanting to claim for?  The original parcel?

You say that the courier has told you that if you have any further questions then you need "to write a paper letter to their physical address"

How have you been communicating with them up to now?  Rather than seeing it as an attempt to fob you off it might be a sign they are taking it seriously, and it also gives you the opportunity to create a paper trail

Do they refer to a complaints procedure on their website?

Write to them.  Cover only the facts - more clearly than you have here - and state exactly what you want as a remedy.

[Edit:  If I'm right and you want to claim for the original parcel that was never returned to you, point out to the courier that their purported evidence showing that it was returned to you only shows a parcel - or whatever - in the street outside a door that is not yours.  Their own evidence shows that they did not return it to you.  It then went missing and you never got it back.  If that is what you are saying happened]

Okell

If they don't deal with your written complaint satisfactorily you may need to consider if it's worth suing them.

Even if you paid by credit card I assume it's below the £100 minimum for a s75 claim and if you paid by debit or credit card I don't know if you'd be eligible for chargeback.

Incidentally the definition of a consumer is "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."  s2 Consumer Rights Act 2015

Not having a business account does not necessarily mean that you are a consumer and not a business

Alderbank

Okell said:

If they don't deal with your written complaint satisfactorily you may need to consider if it's worth suing them.

Even if you paid by credit card I assume it's below the £100 minimum for a s75 claim and if you paid by debit or credit card I don't know if you'd be eligible for chargeback.

Incidentally the definition of a consumer is "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."  s2 Consumer Rights Act 2015

Not having a business account does not necessarily mean that you are a consumer and not a business

s75 is not the Consumer Rights Act 2015, it is the much earlier Consumer Credit Act 1974. The definition of a consumer there is different, I think it includes sole traders.

eskbanker

I think s75 is out of the equation anyway if the item value is £79 - even if the total claim value, including postage cost, exceeds £100, it would be hard to argue that it satisfies the s75 'item value' test.

LIFRY

Okell said:

LIFRY said:

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...

Sorry but you're not making this very clear...

Are you saying that you want to claim for the original parcel that - for some reason failed to get through customs - and which was meant to be returned to you, but was actually left in the street outside your neighbour's property and you never got it back?

Is that what you are wanting to claim for?  The original parcel?

You say that the courier has told you that if you have any further questions then you need "to write a paper letter to their physical address"

How have you been communicating with them up to now?  Rather than seeing it as an attempt to fob you off it might be a sign they are taking it seriously, and it also gives you the opportunity to create a paper trail

Do they refer to a complaints procedure on their website?

Write to them.  Cover only the facts - more clearly than you have here - and state exactly what you want as a remedy.

[Edit:  If I'm right and you want to claim for the original parcel that was never returned to you, point out to the courier that their purported evidence showing that it was returned to you only shows a parcel - or whatever - in the street outside a door that is not yours.  Their own evidence shows that they did not return it to you.  It then went missing and you never got it back.  If that is what you are saying happened]

I want the cost of the parcel and the cost of the carriage paid - I do not believe the parcel failed customs.  I believe they are saying this so they are not accountable.

I have written a formal complaint by email and been speaking with their complaints department.  Their policy is to deal with complaints in this way.  The address they have provided is for the head office of a partner courier company -  not even the head office for courier company I have booked postage through.  It makes no sense.

Yes they say you need to speak with online chat and then online chat tell you need to write an email to the complaints department which I have done.

I have stated that I want to be reimbursed for the cost of the parcel and refund for the carriage of the parcel as they did not even attempt to deliver it.

Good point about what you mention that their own evidence shows it was not delivered to me.  Thanks I will clearly state this to them.

Okell

Alderbank said:

Okell said:

If they don't deal with your written complaint satisfactorily you may need to consider if it's worth suing them.

Even if you paid by credit card I assume it's below the £100 minimum for a s75 claim and if you paid by debit or credit card I don't know if you'd be eligible for chargeback.

Incidentally the definition of a consumer is "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession."  s2 Consumer Rights Act 2015

Not having a business account does not necessarily mean that you are a consumer and not a business

s75 is not the Consumer Rights Act 2015, it is the much earlier Consumer Credit Act 1974. The definition of a consumer there is different, I think it includes sole traders.

I'm not suggesting that s75 is anything to do with the Consumer Rights Act(?)

I suggest in one paragraph that s75 (of the CCA) will be inapplicable because the amount in question is < £100.  Nothing to do with whether they are a consumer or not.  (Although under the definition of consumer in the CCA  the OP will be a consumer for the purposes of the CCA as "an individual")

I go onto a different "incidental" topic from s75 CCA in the next paragraph in answer to the OP's earlier statement that he doesn't have a business account with the courier.  I use the definition of a consumer from the CRA to try to demonstrate that what type of account the OP has with the courier is irrelevnt as to whether they are a consumer or a business.

Okell

eskbanker said:

I think s75 is out of the equation anyway if the item value is £79 - even if the total claim value, including postage cost, exceeds £100, it would be hard to argue that it satisfies the s75 'item value' test.

I know.      

visidigi

LIFRY said:

visidigi said:

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

I believe I did everything correctly.  I do not believe that the parcel even reached customs.  I think the courier had some kind of issue and returned it and are using customs as an excuse, so that they are not liable.  If the parcel had been in customs, would anyone be notified or would paperwork attached to the parcel / sent to the courier etc?  Thanks

paperwork is filed when the shipment is exported, so Evri are converting your Evri shipment to another carrier for the international leg (as they don't have US operations themselves), therefore either the information Evri required to provide the other carrier was insufficient for that carrier to process or it was refused for export by the other carrier due to missing paperwork/information.

Customs clearance begins upon pickup in the UK, so its cleared during travel within the UK or early on in the international leg - it can be pulled for inspection upon arrival if needed.