threatened with court action over wrongly measured parcel?

threatened with court action over wrongly measured parcel?

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robbocop33

Original Poster:

1,184 posts

107 months

Wednesday 28th September 2016
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Honestly can't believe this is happening.After selling various odds and sods on Ebay for 15 years or so,i've 'suddenly'become extremely incompetent with a tape measure!
Interparcel are claiming a parcel was wrongly measured and they want 60 odd quid from me to cover the extra costs??(not an insignificant amount for one parcel!).
Incidentally i don't know if anyone here has ever wrapped the entire wood sections of a Morris Minor Traveller but let me tell you,you don't end up with a perfectly uniform rectagular box shape!!
I measured it as accurately as i could and they picked it up from me,delivered it,then a few days later they tell me they want 60 odd quid,i told them to ram it,sorry,told them it just wasn't cricket and i wouldn't pay.
So this morning i get a letter threatening court action,court fees,interest fees,lawyer fees etc,is this for real,over £60??
Are they just bluffing?

WinstonWolf

72,857 posts

239 months

Wednesday 28th September 2016
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What are the dimensions you measured it at and what are they claiming it actually was?

TooMany2cvs

29,008 posts

126 months

Wednesday 28th September 2016
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robbocop33 said:
Interparcel are claiming a parcel was wrongly measured and they want 60 odd quid from me to cover the extra costs?

I measured it as accurately as i could and they picked it up from me,delivered it,then a few days later they tell me they want 60 odd quid,i told them to ram it,sorry,told them it just wasn't cricket and i wouldn't pay.
So this morning i get a letter threatening court action,court fees,interest fees,lawyer fees etc,is this for real,over £60??
Are they just bluffing?
Unlikely.

You requested them to perform a service.
You made an error in your request for the service, so their initial estimate of cost was too low.
You are now refusing to pay the amount they say you owe.

You are not, afaict, disputing the error in measurement - simply suggesting that it was an easy error to make. Nor do you have any evidence to refute their claim.

You have a choice. Pay the £60 plus whatever costs have been accrued to date. Or wait to find out if they're bluffing. If they aren't bluffing, then you may wish to consider the risk of you losing and being made to pay a lot more - more costs accrued - or get a CCJ against you.

robbocop33

Original Poster:

1,184 posts

107 months

Wednesday 28th September 2016
quotequote all
TooMany2cvs said:
Unlikely.

You requested them to perform a service.
You made an error in your request for the service, so their initial estimate of cost was too low.
You are now refusing to pay the amount they say you owe.

You are not, afaict, disputing the error in measurement - simply suggesting that it was an easy error to make
Well i 'am' obviously disputing the measurement,and just mentioned here as a side note it wasn't a particularly uniformly shaped package to measure.

superlightr

12,852 posts

263 months

Wednesday 28th September 2016
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robbocop33 said:
Well i 'am' obviously disputing the measurement,and just mentioned here as a side note it wasn't a particularly uniformly shaped package to measure.
so perhaps it is over the size for the price you paid? The shape of your parcel is your concern.

Whats the original parcel cost? What was it being delivered?

anonymous-user

54 months

Wednesday 28th September 2016
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robbocop33 said:
Well i 'am' obviously disputing the measurement,and just mentioned here as a side note it wasn't a particularly uniformly shaped package to measure.
They could just as easily have made a mistake in measuring as you. Tell them to stick it or prove your dimensions are wrong - theyve delivered it so wont have it to measure and its up to them to prove you are wrong not for you to prove you are right. wkers.

hedgefinder

3,418 posts

170 months

Wednesday 28th September 2016
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Shouldnt they have simply returned the parcel or informed you that there would be a further charge BEFORE they delivered it?

JustinP1

13,330 posts

230 months

Wednesday 28th September 2016
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robbocop33 said:
Well i 'am' obviously disputing the measurement,and just mentioned here as a side note it wasn't a particularly uniformly shaped package to measure.
The brokers like Interparcel have contracts with the couriers.

Those couriers have specific requirements as to the maximum size or weight object they can pick up. For example, no more than 120cm or 30KG.

Where the customer defaults the courier will charge Interparcel significantly more, because that messes the courier up further down the line through the conveyor belt sorting, then again when loading an oversize or overweight parcel for the delivery courier who may not be equipped to handle something that size.

How far out were you on the claimed measurement compared to the actual?

anonymous-user

54 months

Wednesday 28th September 2016
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hedgefinder said:
Shouldnt they have simply returned the parcel or informed you that there would be a further charge BEFORE they delivered it?
That as well. Do an email to them stating all of that and telling them to stuff it or you will get your solicitors on it and pass their fees over as well. That'll sort it.

JustinP1

13,330 posts

230 months

Wednesday 28th September 2016
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V6Pushfit said:
hedgefinder said:
Shouldnt they have simply returned the parcel or informed you that there would be a further charge BEFORE they delivered it?
That as well. Do an email to them stating all of that and telling them to stuff it or you will get your solicitors on it and pass their fees over as well. That'll sort it.
I know this is a boring answer, but as always the answer to:

"What is the right outcome for the contract I've entered into." is "What the contract says."

Having read a few of these, I'm pretty certain that the terms state that there are maximum sizes, and that there is a charge for under-declaring. If you don't like that term you can

1) Don't enter into an agreement where you will be charged if you under declare; or

2) Make sure you don't under declare.


Edited by JustinP1 on Wednesday 28th September 12:41

dmsims

6,513 posts

267 months

Wednesday 28th September 2016
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"6.3.4 By entering the weight and dimensions of your Consignment/s you are pre paying for the postage. If the Consignment /s are heavier or larger then the additional weight/size will be charged at the applicable rate to the card that the order was placed on together with a surcharge of £15 + VAT. We refer to this charge as the 'Admin Charge'."

essayer

9,058 posts

194 months

Wednesday 28th September 2016
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They probably have you over a barrel because to dispute it you'll need to provide proof of the size of the parcel at the time it was picked up, such as photos of the box dimensions with a tape measure alongside etc, and nobody ever does that.

Does the recipient still have the packaging? Maybe they could repack it and photograph it.

Next time: try Parcelforce, they seem to be most relaxed on odd item shapes, and you can drop off at the Post Office

E: £40ish doesn't seem that unreasonable if your measurement out that an oversized item had to be delivered by a specialist courier or something, but if you are just a few cm out it seems very harsh.

Edited by essayer on Wednesday 28th September 12:56

anonymous-user

54 months

Wednesday 28th September 2016
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Also get them to tell you what they think the dimensions were.

CoolHands

18,606 posts

195 months

Wednesday 28th September 2016
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JustinP1 said:
I know this is a boring answer, but as always the answer to:

"What is the right outcome for the contract I've entered into." is "What the contract says."

Having read a few of these, I'm pretty certain that the terms state that there are maximum sizes, and that there is a charge for under-declaring. If you don't like that term you can

1) Don't enter into an agreement where you will be charged if you under declare; or

2) Make sure you don't under declare.


Edited by JustinP1 on Wednesday 28th September 12:41
what if you dispute the fact the parcel was under-declared? If the OP asks for proof of what size thy are claiming it was, it's extremely likely they won't have it. What then? Surely they can't just charge you because they claim it was 3m long or whatever.

anonymous-user

54 months

Wednesday 28th September 2016
quotequote all
CoolHands said:
hat if you dispute the fact the parcel was under-declared? If the OP asks for proof of what size thy are claiming it was, it's extremely likely they won't have it. What then? Surely they can't just charge you because they claim it was 3m long or whatever.
Hopefully they'll say 2.4m. He'll say no it was 1.5m and I have confirmation form a witness that was correct. They'll go away.

RYH64E

7,960 posts

244 months

Wednesday 28th September 2016
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Was it on a same day or next day service, and what was the originally invoiced cost?

It costs us about £6.00 to send parcels weighing up to 20kg (or the volumetric equivalent) with Fedex on a next day delivery service, same day services are much more expensive but usually based on a per mile charge for whatever you can fit into a van. If it's a next day service then £60 sounds like a very significant surcharge for a (presumably) minor difference in volumetric weight. Volumetric weight is calculated as (Lcm x Wcm x Hcm)/5000 and measured in kg.

JustinP1

13,330 posts

230 months

Wednesday 28th September 2016
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RYH64E said:
Was it on a same day or next day service, and what was the originally invoiced cost?

It costs us about £6.00 to send parcels weighing up to 20kg (or the volumetric equivalent) with Fedex on a next day delivery service, same day services are much more expensive but usually based on a per mile charge for whatever you can fit into a van. If it's a next day service then £60 sounds like a very significant surcharge for a (presumably) minor difference in volumetric weight. Volumetric weight is calculated as (Lcm x Wcm x Hcm)/5000 and measured in kg.
If you've got a contract with a courier an under declare of weight etc. is just calculated and added to your monthly invoice.

If you don't have a contract and you're doing ad hoc through a broker then there's a bit more admin involved in the courier contacting the broker and the broker reclaiming the courier charge from the customer.

From experience, because of that, if you are marginally out, no-one will care - again from experience, you get caught if you take the piss, and because a handler will be able to visibly see that it is oversize for the service.

7db

6,058 posts

230 months

Wednesday 28th September 2016
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Courier measurement tends to be done by machine on parcels on the conveyor. It's a laser that assumes a box so odd-shaped packages can get some odd results. Ask for photos of the scan -- Yodel provided these when their Borehamwood centre was mis-measuring parcels. Not all services provide it. Ultimately they will rely on the courier sizes as evidence at court and you won't have much more to go on -- although an eBay listing might show size / shape etc.

However you won't get a lot of joy out of the supplier you mention. I was putting a few grand a month through this service and had similar issues. Disputed but got properly nowhere -- computer says no and that team don't talk on the phone type responses -- and in the end took our business to Parcel2Go. They still have surcharges, but oddly they crop up less often and they seem to care a little more about making sure the account is looked after.

£60 to learn whether your dealing with the right people? Sounds like a bargain to me.

robbocop33

Original Poster:

1,184 posts

107 months

Wednesday 28th September 2016
quotequote all
It's strange that out of the hundreds of parcels i've sent it's the most expensive to send they have issues with?Must have been something wrong with my measuring tape?;-)
I agree with an earlier point,i really thought they should have withheld the parcel before delivery and notified me of my utter uselessness with said measuring tape?

TooMany2cvs

29,008 posts

126 months

Wednesday 28th September 2016
quotequote all
robbocop33 said:
i really thought they should have withheld the parcel before delivery and notified me of my utter uselessness with said measuring tape?
For everybody who says that, there'll be at least one who says "WHY DID THEY DELAY IT? Why couldn't they have just delivered it then charged me for the extra later...?"