Seller Trying To Claim For Damage To 3 Parcel Companies - For Well Over Cost

joko | 22:37 Thu 12th Mar 2015 | Law

56 Answers

this is linked to my previous questions about CCJs

it turns out the seller is possibly trying to claim 4 lots of compensation for the damage to this item ... she is trying to get it from all 3 parcel companies used - and me

she seemed to think i should be grateful she was only claiming for the item sale price from me - rather than the cost of the item to replace with a brand new one - over £1000 ...! which is what i think she is expecting to receive!
the item is not worth more than £200.

I have tried to contact the parcel companies concerned to tell them this, and see if i can get confirmation that she a case with them - as it may help my case to know she has done this - but they dont seem to understand what i am saying - they just say they cant take delivery instructions from me, only the seller ...

what is the best way for me to let their claims depts know what is going on?
emails are not working - and i doubt i'd get put through to the right people by ringing - or is that the only way?
is there a process? or someway i can contact the claims dept directly?
its hermes, UPS and interparcel

she also keeps mentioning parcelforce but they were not even involved so im even wondering if she has even started some sort of claim with them too - with a different parcel but claiming its this one or something

i am pretty angry with this rotten woman, and it would stick in my throat if i though she had managed to blag £3000 out of this - or even £4000!

thanks

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joko

Question Author

this is what it says on her claim form -
"i sold this lady a beauty machine on ebay for 217. on 4th jan, parcel sent a few days later. parcel co tried to deliver 3 times, and on 3rd attempt they left a card, through door and sent to local holding shop. she left 3 week, an parcel was sent back to courier. i then had to track parcel and pay to resend
now 6 weeks on parcel arrives and the item is smashed and broken.
i feel as a seller is she bought a high price item you know its coming and you be there for parcel. also if she collected when courier stated the item would not have been pushed from pillar to post and wouild not have ended up in this mess
. she will not get refund from ebay and im left 217 out of pocket due to her actions"

joko

Question Author

retro - i am not worked up about i, i just dont want her to walk away with £3000 + after what she has done

and i know 6 pages is too long - thats why i am trying to whittle it down, i wrote it out, in my own words, for me, to get the facts out etc so it was all there, now i am breaking it down into a defence

EDDIE51

Retro , Yes exactly, but a CCJ has been issued and unless joko issues a defence the court will find against her by default. That is why I ask what the CCJ form actually says . I suspect it will be so ridiculous that will only necessary to put as a defence something like
'' The claim is without any merit I do not owe the plaintiff any sum at all , and dispute the entire claim''
A CCJ form actually says ' If you fail to deny an allegation it may be taken that you admit it'

joko

Question Author

sorry that should read 'she will NOW get a refund from ebay ..."

Retrochic

joko there is no way the seller can claim £3000 from the shipping companies -she can only claim the value of the item which was £217 and she has to produce this Invoice as proof.

Retrochic

Eddie I know all this -I'm not suggesting she do nothing -I'm suggesting she stick with telling them (the court) the hard facts and not introduce unneccessary details about the seller trying to fraudulently claim money from the shipping Company as this has nothing to do with her.

EDDIE51

Just read the claim and as I suspected it is ludicrous. It will NOT succeed, for a start it does not say what the amount claimed is. You MUST say how much you are claiming . But nonetheless joko has to file a defence or it could go through on default , but just a sentence or two as I suggested NOT 6 pages . There is also a section to file a counterclaim against the claimant so I suggest joko fills that it and claims say £100 for out of pocket expenses.

Retrochic

Good Advice Eddie -at least a £100. Sounds to me as if the seller is perhaps foreign from the lack of English skills so maybe is not aware of the Law?

joko

Question Author

what expenses could i claim? i thought about claiming for legal advice, but i havent paid for any.
though if i do have to go to the court, i may have to travel and pay for accommodation - i wont know until the time though

joko

Question Author

no i think she is english - just a bit of a vicky pollard type

joko

Question Author

i do know she has no case and will not win ... at the moment all i want is for them to throw it out now, so i dont actually have to go to court to defend it.

and to stop her getting anything at all out of the parcel companies

even if she uses the receipt - she could claim 3-4 lots of it - still way more than she deserves.

Jackdaw33

You can ask for the case to be transferred to your local county court. This very common.

joko

Question Author

i was thinking, the more i say now, in the forms, the less likely it is to actually get to court.
i have no idea what nonsense she will come out with when asked to explain further. she is all over the place

although it'd be quite funny to watch her have to pay for all my expenses - travel, accommodation, phone calls, legal advice, living costs etc

joko

Question Author

yes jackdaw, i have added that too

still dont want to actually have to go and attend it - for such nonsense
i could mean missing work, or something, and also i am still not very well so it will be an effort

EDDIE51

You will not have to go to court , the case WILL be thrown out as long as you just file a 2 sentence defence along the lines I suggested.
For expense just say the claim is for your time in investigating the claim and writing letters, cost of phone calls etc, they will not question an amount of £100 for that.
As to the couriers,as said even if they do accept a claim , she has to send the original receipt as proof and unless she forges a copy there is only one receipt and so only one claim!

Jackdaw33

I liked the Vicky Pollard reference, "Yeh, but no, but yeh..."

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