Should i pay ??
05 January 2006, 09:44 PM
#31
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Originally Posted by Raartoot
NOT SO...its down to royal mail (or whoever it is), thats why the compensation claim is there
If the sender had proof of postage (which he aint) then royal mail would give him back a maximum of £28, and once he says "£150 worth of parts" they will tell him to go jump (should of sent special delivery) and he wont get a penny.
It is down to the sender to ensure the goods get there, (hence, why PPL pay insurance for when stuff go missing) the full price included delivery.
05 January 2006, 10:27 PM
#33
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Originally Posted by lampshade
Noooooooooooooooo,
If the sender had proof of postage (which he aint) then royal mail would give him back a maximum of £28, and once he says "£150 worth of parts" they will tell him to go jump (should of sent special delivery) and he wont get a penny.
It is down to the sender to ensure the goods get there, (hence, why PPL pay insurance for when stuff go missing) the full price included delivery.
If the sender had proof of postage (which he aint) then royal mail would give him back a maximum of £28, and once he says "£150 worth of parts" they will tell him to go jump (should of sent special delivery) and he wont get a penny.
It is down to the sender to ensure the goods get there, (hence, why PPL pay insurance for when stuff go missing) the full price included delivery.
...and if its down to the sender to make sure the goods get there then why do they still allow you to send it without insurance.its at your own risk. but its not his fault the Package didnt arrive Hence the reason for insurance which was not taken out..
05 January 2006, 10:36 PM
#34
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Cany be arsed to argue with you, IMHO he will have to give the lad his money back
In the meantime Raartoot here is a picture of my lad, and he's looking for you sunshine, so watch it.
In the meantime Raartoot here is a picture of my lad, and he's looking for you sunshine, so watch it.
05 January 2006, 10:38 PM
#35
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Originally Posted by lampshade
Cany be arsed to argue with you, IMHO he will have to give the lad his money back
In the meantime Raartoot here is a picture of my lad, and he's looking for you sunshine, so watch it.
In the meantime Raartoot here is a picture of my lad, and he's looking for you sunshine, so watch it.
Not arguing mate, ...tell your lad im sorry too, he looks like he has an omen!!!
05 January 2006, 11:36 PM
#36
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Originally Posted by RLE
I fill out my own claim forms on line then post them to the local court office. They dont look too "formal" to be honest but if it has the stamp and a case number.........usually a digit prefixing the initials of the court (ie 5KE for Keighley) It will be a real document.
At the end of the day it has cost him £30.00 to file this. I doubt you'd go to the trouble if you were trying to pull a fast one. Factor in the costs of a defence and his travelling to your local court if you did decide to defend as well as the chance of losing, and its a lot of hassle for £190.00.
I'm in court day after day mate with debtors who claim they have never received stock. Without a valid proof of delivery you are on a loser. Harsh I know but thats the fact. You're the supplier and as such the onus is on you to ensure recipt and delivery.
You could opt to drag it out. File your "Admission" form and notice of intention to defend. This gives you a further 28 days to provide full particulars. It may also put the Claimant off chasing if he knows he has the hassle of filling out Allocation Questionairres and the likes which will be the standard procedure if a claim is defended and there appears to be little chance of arbitration.
At the end of the day it has cost him £30.00 to file this. I doubt you'd go to the trouble if you were trying to pull a fast one. Factor in the costs of a defence and his travelling to your local court if you did decide to defend as well as the chance of losing, and its a lot of hassle for £190.00.
I'm in court day after day mate with debtors who claim they have never received stock. Without a valid proof of delivery you are on a loser. Harsh I know but thats the fact. You're the supplier and as such the onus is on you to ensure recipt and delivery.
You could opt to drag it out. File your "Admission" form and notice of intention to defend. This gives you a further 28 days to provide full particulars. It may also put the Claimant off chasing if he knows he has the hassle of filling out Allocation Questionairres and the likes which will be the standard procedure if a claim is defended and there appears to be little chance of arbitration.
cheers mate for info looks like i will have to pay if letter is for real.
05 January 2006, 11:36 PM
#37
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Originally Posted by lampshade
Cany be arsed to argue with you, IMHO he will have to give the lad his money back
In the meantime Raartoot here is a picture of my lad, and he's looking for you sunshine, so watch it.
In the meantime Raartoot here is a picture of my lad, and he's looking for you sunshine, so watch it.
06 January 2006, 09:40 AM
#39
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Just to clear it up :
When you buy something, either from a business seller or a private one, it is their responsibility to get the items to you unless you specifically arrange to collect yourself.
Normally this will mean Royal Mail or some other courier. It is down to the seller to make sure that they cover themselves in case the item gets lost or damaged - they can either pass this cost on to the buyer, or swallow it themselves. Sellers cant say 'you didnt ask for insurance so tough' or 'sort it out yourself with the PO'.
If the item gets lost, the seller has to refund the buyer ( or send replacement goods ) then it is up to them to get the money back from Royal Mail - IF they chose not to use a delivery service that covers them, tought ******* and the seller loses out.
Special Delivery would have cost less than a fiver to cover the parts, so the seller should have paid it. Recorded Delivery would only cover the seller up to £28, and they would need the RD slip to show it was sent RD.
Going to the PO saying 'it was worth £160 but I sent it standard post' wont get you anything, when you post something with RM you are entering into a contract with them, and it is up to you to make sure that contract fulfills your needs re insurance etc...
It is quite possible the items did arrive, and when the buyer realised he hadnt had to sign for them, he thought 'I'll have these for free' - BUT it is just as likely the PO lost them, and the buyer is thinking he sent off his money in good faith, and the seller has ripped him off by not sending anything.
I imagine what the OP has had is a letter from the Small Claims Court telling him the buyer has filed a claim against him - the £190 would account for the £160 for the parts, plus the £30 for the court fees.
At this stage you dont have to pay, you can go to the court but YOU WILL LOSE - if it goes to court, you will also be liable for ALL the buyers extra costs - his solicitor, travel to the court, parking cost etc... If you then DONT pay the amount the court tell you to within a reasonable time ( generally specified by the buyer ) you are liable to get a CCJ.
You can tell if the claim is genuine by ringing the number on the letter - it should be for the local court in the buyers area, and they will be able to confirm for you.
If it is genuine, dont waste your time or money getting a solicitor as they wont be able to help you or win, all you'll end up doing is throwing away more money.
WHAT EVERYONE SHOULD LEARN FROM THIS - ASSUME THE WORST WILL HAPPEN WHEN SENDING ANYTHING OUT - MAKE SURE YOU ARE FULLY COVERED FOR THE COST IF IT GETS LOST OR DAMAGED.
Pretty much every fully insured service will be trackable and need signing for by the buyer, so its easy to see if someone did actually get the order or if they are pulling a fast one.
When you buy something, either from a business seller or a private one, it is their responsibility to get the items to you unless you specifically arrange to collect yourself.
Normally this will mean Royal Mail or some other courier. It is down to the seller to make sure that they cover themselves in case the item gets lost or damaged - they can either pass this cost on to the buyer, or swallow it themselves. Sellers cant say 'you didnt ask for insurance so tough' or 'sort it out yourself with the PO'.
If the item gets lost, the seller has to refund the buyer ( or send replacement goods ) then it is up to them to get the money back from Royal Mail - IF they chose not to use a delivery service that covers them, tought ******* and the seller loses out.
Special Delivery would have cost less than a fiver to cover the parts, so the seller should have paid it. Recorded Delivery would only cover the seller up to £28, and they would need the RD slip to show it was sent RD.
Going to the PO saying 'it was worth £160 but I sent it standard post' wont get you anything, when you post something with RM you are entering into a contract with them, and it is up to you to make sure that contract fulfills your needs re insurance etc...
It is quite possible the items did arrive, and when the buyer realised he hadnt had to sign for them, he thought 'I'll have these for free' - BUT it is just as likely the PO lost them, and the buyer is thinking he sent off his money in good faith, and the seller has ripped him off by not sending anything.
I imagine what the OP has had is a letter from the Small Claims Court telling him the buyer has filed a claim against him - the £190 would account for the £160 for the parts, plus the £30 for the court fees.
At this stage you dont have to pay, you can go to the court but YOU WILL LOSE - if it goes to court, you will also be liable for ALL the buyers extra costs - his solicitor, travel to the court, parking cost etc... If you then DONT pay the amount the court tell you to within a reasonable time ( generally specified by the buyer ) you are liable to get a CCJ.
You can tell if the claim is genuine by ringing the number on the letter - it should be for the local court in the buyers area, and they will be able to confirm for you.
If it is genuine, dont waste your time or money getting a solicitor as they wont be able to help you or win, all you'll end up doing is throwing away more money.
WHAT EVERYONE SHOULD LEARN FROM THIS - ASSUME THE WORST WILL HAPPEN WHEN SENDING ANYTHING OUT - MAKE SURE YOU ARE FULLY COVERED FOR THE COST IF IT GETS LOST OR DAMAGED.
Pretty much every fully insured service will be trackable and need signing for by the buyer, so its easy to see if someone did actually get the order or if they are pulling a fast one.
06 January 2006, 02:13 PM
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just as an aside.
All mail is covered up to the value of £28 but you need proof of posting. I.e. you need to take it to a post office and get a receipt with the postcode on it.
I claimed once for a parcel sent that was lost and it was sent standard parcels.
Everything Mike said above is correct though, it is the sellers repsonsibility.
All mail is covered up to the value of £28 but you need proof of posting. I.e. you need to take it to a post office and get a receipt with the postcode on it.
I claimed once for a parcel sent that was lost and it was sent standard parcels.
Everything Mike said above is correct though, it is the sellers repsonsibility.
06 January 2006, 09:11 PM
#42
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Originally Posted by MikeCardiff
Just to clear it up :
When you buy something, either from a business seller or a private one, it is their responsibility to get the items to you unless you specifically arrange to collect yourself.
Normally this will mean Royal Mail or some other courier. It is down to the seller to make sure that they cover themselves in case the item gets lost or damaged - they can either pass this cost on to the buyer, or swallow it themselves. Sellers cant say 'you didnt ask for insurance so tough' or 'sort it out yourself with the PO'.
If the item gets lost, the seller has to refund the buyer ( or send replacement goods ) then it is up to them to get the money back from Royal Mail - IF they chose not to use a delivery service that covers them, tought ******* and the seller loses out.
Special Delivery would have cost less than a fiver to cover the parts, so the seller should have paid it. Recorded Delivery would only cover the seller up to £28, and they would need the RD slip to show it was sent RD.
Going to the PO saying 'it was worth £160 but I sent it standard post' wont get you anything, when you post something with RM you are entering into a contract with them, and it is up to you to make sure that contract fulfills your needs re insurance etc...
It is quite possible the items did arrive, and when the buyer realised he hadnt had to sign for them, he thought 'I'll have these for free' - BUT it is just as likely the PO lost them, and the buyer is thinking he sent off his money in good faith, and the seller has ripped him off by not sending anything.
I imagine what the OP has had is a letter from the Small Claims Court telling him the buyer has filed a claim against him - the £190 would account for the £160 for the parts, plus the £30 for the court fees.
At this stage you dont have to pay, you can go to the court but YOU WILL LOSE - if it goes to court, you will also be liable for ALL the buyers extra costs - his solicitor, travel to the court, parking cost etc... If you then DONT pay the amount the court tell you to within a reasonable time ( generally specified by the buyer ) you are liable to get a CCJ.
You can tell if the claim is genuine by ringing the number on the letter - it should be for the local court in the buyers area, and they will be able to confirm for you.
If it is genuine, dont waste your time or money getting a solicitor as they wont be able to help you or win, all you'll end up doing is throwing away more money.
WHAT EVERYONE SHOULD LEARN FROM THIS - ASSUME THE WORST WILL HAPPEN WHEN SENDING ANYTHING OUT - MAKE SURE YOU ARE FULLY COVERED FOR THE COST IF IT GETS LOST OR DAMAGED.
Pretty much every fully insured service will be trackable and need signing for by the buyer, so its easy to see if someone did actually get the order or if they are pulling a fast one.
When you buy something, either from a business seller or a private one, it is their responsibility to get the items to you unless you specifically arrange to collect yourself.
Normally this will mean Royal Mail or some other courier. It is down to the seller to make sure that they cover themselves in case the item gets lost or damaged - they can either pass this cost on to the buyer, or swallow it themselves. Sellers cant say 'you didnt ask for insurance so tough' or 'sort it out yourself with the PO'.
If the item gets lost, the seller has to refund the buyer ( or send replacement goods ) then it is up to them to get the money back from Royal Mail - IF they chose not to use a delivery service that covers them, tought ******* and the seller loses out.
Special Delivery would have cost less than a fiver to cover the parts, so the seller should have paid it. Recorded Delivery would only cover the seller up to £28, and they would need the RD slip to show it was sent RD.
Going to the PO saying 'it was worth £160 but I sent it standard post' wont get you anything, when you post something with RM you are entering into a contract with them, and it is up to you to make sure that contract fulfills your needs re insurance etc...
It is quite possible the items did arrive, and when the buyer realised he hadnt had to sign for them, he thought 'I'll have these for free' - BUT it is just as likely the PO lost them, and the buyer is thinking he sent off his money in good faith, and the seller has ripped him off by not sending anything.
I imagine what the OP has had is a letter from the Small Claims Court telling him the buyer has filed a claim against him - the £190 would account for the £160 for the parts, plus the £30 for the court fees.
At this stage you dont have to pay, you can go to the court but YOU WILL LOSE - if it goes to court, you will also be liable for ALL the buyers extra costs - his solicitor, travel to the court, parking cost etc... If you then DONT pay the amount the court tell you to within a reasonable time ( generally specified by the buyer ) you are liable to get a CCJ.
You can tell if the claim is genuine by ringing the number on the letter - it should be for the local court in the buyers area, and they will be able to confirm for you.
If it is genuine, dont waste your time or money getting a solicitor as they wont be able to help you or win, all you'll end up doing is throwing away more money.
WHAT EVERYONE SHOULD LEARN FROM THIS - ASSUME THE WORST WILL HAPPEN WHEN SENDING ANYTHING OUT - MAKE SURE YOU ARE FULLY COVERED FOR THE COST IF IT GETS LOST OR DAMAGED.
Pretty much every fully insured service will be trackable and need signing for by the buyer, so its easy to see if someone did actually get the order or if they are pulling a fast one.
.................
............
..........................
06 January 2006, 10:02 PM
#43
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Originally Posted by MikeCardiff
Just to clear it up :
When you buy something, either from a business seller or a private one, it is their responsibility to get the items to you unless you specifically arrange to collect yourself.
Normally this will mean Royal Mail or some other courier. It is down to the seller to make sure that they cover themselves in case the item gets lost or damaged - they can either pass this cost on to the buyer, or swallow it themselves. Sellers cant say 'you didnt ask for insurance so tough' or 'sort it out yourself with the PO'.
If the item gets lost, the seller has to refund the buyer ( or send replacement goods ) then it is up to them to get the money back from Royal Mail - IF they chose not to use a delivery service that covers them, tought ******* and the seller loses out.
Special Delivery would have cost less than a fiver to cover the parts, so the seller should have paid it. Recorded Delivery would only cover the seller up to £28, and they would need the RD slip to show it was sent RD.
Going to the PO saying 'it was worth £160 but I sent it standard post' wont get you anything, when you post something with RM you are entering into a contract with them, and it is up to you to make sure that contract fulfills your needs re insurance etc...
It is quite possible the items did arrive, and when the buyer realised he hadnt had to sign for them, he thought 'I'll have these for free' - BUT it is just as likely the PO lost them, and the buyer is thinking he sent off his money in good faith, and the seller has ripped him off by not sending anything.
I imagine what the OP has had is a letter from the Small Claims Court telling him the buyer has filed a claim against him - the £190 would account for the £160 for the parts, plus the £30 for the court fees.
At this stage you dont have to pay, you can go to the court but YOU WILL LOSE - if it goes to court, you will also be liable for ALL the buyers extra costs - his solicitor, travel to the court, parking cost etc... If you then DONT pay the amount the court tell you to within a reasonable time ( generally specified by the buyer ) you are liable to get a CCJ.
You can tell if the claim is genuine by ringing the number on the letter - it should be for the local court in the buyers area, and they will be able to confirm for you.
If it is genuine, dont waste your time or money getting a solicitor as they wont be able to help you or win, all you'll end up doing is throwing away more money.
WHAT EVERYONE SHOULD LEARN FROM THIS - ASSUME THE WORST WILL HAPPEN WHEN SENDING ANYTHING OUT - MAKE SURE YOU ARE FULLY COVERED FOR THE COST IF IT GETS LOST OR DAMAGED.
Pretty much every fully insured service will be trackable and need signing for by the buyer, so its easy to see if someone did actually get the order or if they are pulling a fast one.
When you buy something, either from a business seller or a private one, it is their responsibility to get the items to you unless you specifically arrange to collect yourself.
Normally this will mean Royal Mail or some other courier. It is down to the seller to make sure that they cover themselves in case the item gets lost or damaged - they can either pass this cost on to the buyer, or swallow it themselves. Sellers cant say 'you didnt ask for insurance so tough' or 'sort it out yourself with the PO'.
If the item gets lost, the seller has to refund the buyer ( or send replacement goods ) then it is up to them to get the money back from Royal Mail - IF they chose not to use a delivery service that covers them, tought ******* and the seller loses out.
Special Delivery would have cost less than a fiver to cover the parts, so the seller should have paid it. Recorded Delivery would only cover the seller up to £28, and they would need the RD slip to show it was sent RD.
Going to the PO saying 'it was worth £160 but I sent it standard post' wont get you anything, when you post something with RM you are entering into a contract with them, and it is up to you to make sure that contract fulfills your needs re insurance etc...
It is quite possible the items did arrive, and when the buyer realised he hadnt had to sign for them, he thought 'I'll have these for free' - BUT it is just as likely the PO lost them, and the buyer is thinking he sent off his money in good faith, and the seller has ripped him off by not sending anything.
I imagine what the OP has had is a letter from the Small Claims Court telling him the buyer has filed a claim against him - the £190 would account for the £160 for the parts, plus the £30 for the court fees.
At this stage you dont have to pay, you can go to the court but YOU WILL LOSE - if it goes to court, you will also be liable for ALL the buyers extra costs - his solicitor, travel to the court, parking cost etc... If you then DONT pay the amount the court tell you to within a reasonable time ( generally specified by the buyer ) you are liable to get a CCJ.
You can tell if the claim is genuine by ringing the number on the letter - it should be for the local court in the buyers area, and they will be able to confirm for you.
If it is genuine, dont waste your time or money getting a solicitor as they wont be able to help you or win, all you'll end up doing is throwing away more money.
WHAT EVERYONE SHOULD LEARN FROM THIS - ASSUME THE WORST WILL HAPPEN WHEN SENDING ANYTHING OUT - MAKE SURE YOU ARE FULLY COVERED FOR THE COST IF IT GETS LOST OR DAMAGED.
Pretty much every fully insured service will be trackable and need signing for by the buyer, so its easy to see if someone did actually get the order or if they are pulling a fast one.
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