Legal advice/opinion regarding dispute
Legal advice/opinion regarding dispute
Author
Discussion

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
I have a dispute involving a customer, missing parcels and a courier company. Probably shouldn't go into detail on a public forum so I was wondering where can I seek legal advice regarding it? Is the CAB for individuals only or can small business go there? Should I contact a solicitor?

anothernameitist

1,500 posts

166 months

Friday 12th February 2016
quotequote all
Are you sending out the parcels - if so go to courier

Are they sending the parcels to you and are they tracked.


silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
Yes it's probably hard to say without saying what happened.

The short description is that our client sent us his goods, we did what we do, then sent them on to him. He say's he's never received them. The courier said at first they were delivered but have since (on appeal) said they will accept liability for the lost parcels. Since the goods were lost, it's come to light they are worth a lot more than the insured amount. We had no idea on the value of the goods otherwise we'd have delivered them ourselves or upped the insurance. He wants the cost of the goods, courier has said they'll pay the insured value.

What do I do?

mmm-five

12,396 posts

315 months

Friday 12th February 2016
quotequote all
Did your client send them to you via a courier, and was it with additional insurance to cover the higher value?

If not, then I'd assume your client was happy to take the risk of under-insuring it.

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
I think he had them sent direct from the people that sold them to him. I don't know what cover they had for that.

anothernameitist

1,500 posts

166 months

Friday 12th February 2016
quotequote all
Ouch.

How likely is it that you should know the value of the goods? If you did it looks like you were saving on insurance.

If you didn't its a harsh lesson, you loose a customer

Difficult one I'm no solicitor. I think you need one or come to a compromise with your customer. coming to a compromise might be the most cost effective solution

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
They didn't look particularly expensive, just metal bottles. Turns out that these are good quality ones and cost a bit. It's not an industry we're in (or something I'm interested in personally) so had no idea on the value.

PurpleMoonlight

22,362 posts

188 months

Friday 12th February 2016
quotequote all
Do you T&C's state anything regarding returning your customers property?



Edited by PurpleMoonlight on Friday 12th February 15:47

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
PurpleMoonlight said:
Do you T&C's state anything regarding returning your customers property?



Edited by PurpleMoonlight on Friday 12th February 15:47
They don't. Should he have not let us know they were valuable?

PurpleMoonlight

22,362 posts

188 months

Friday 12th February 2016
quotequote all
silobass said:
They don't. Should he have not let us know they were valuable?
Possibly, but did you ask? Works both ways.

You have a duty of care while their property is with you, but whether that extends to ensuring the property is appropriately insured while in transit from you to them is the issue here.

How much are you on the line for, and is this a one off customer or a repeat one?

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
We've done work for them before, not a lot but a bit. They've never given us any indication of the value of goods before. We probably won't be doing any more work for him again though! It's about £2000.

If it does go to a claims court, should I seek a normal solicitor for advice or does some other body deal with things like this?

PurpleMoonlight

22,362 posts

188 months

Friday 12th February 2016
quotequote all
I think for £2000 you need to view it as a business decision.

Do not underestimate the management time that will be taken up if it goes to court.

Obviously I don't know your profitability, but if it were me I would probably be looking to settle without the need for solicitors and court. You are not 100% to blame I feel, but if something does go wrong a happy customer, well as happy as they can be, is a lot better than a very pissed off one.

PurpleMoonlight

22,362 posts

188 months

Friday 12th February 2016
quotequote all
Oh, and amend your T&C's to cover yourself in future.

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
PurpleMoonlight said:
Oh, and amend your T&C's to cover yourself in future.
Thanks, I certainly will be.

singlecoil

35,836 posts

277 months

Friday 12th February 2016
quotequote all
I think for £2,000, unless you are a very high earner it would be worth taking a day off to go to court over it, especially if you think you are in the right. No need to get a solicitor, IIRC you aren't allowed to have one in a smalls claims court anyway, the whole idea of such courts is to get away from that kind of thing.

PurpleMoonlight

22,362 posts

188 months

Friday 12th February 2016
quotequote all
singlecoil said:
I think for £2,000, unless you are a very high earner it would be worth taking a day off to go to court over it, especially if you think you are in the right. No need to get a solicitor, IIRC you aren't allowed to have one in a smalls claims court anyway, the whole idea of such courts is to get away from that kind of thing.
You most certainly are allowed to spunk a load of cash in the direction of a lawyer for a small claim, it's the reclaimable costs of it even if you win that are restricted.

Simpo Two

93,010 posts

296 months

Friday 12th February 2016
quotequote all
PurpleMoonlight said:
singlecoil said:
I think for £2,000, unless you are a very high earner it would be worth taking a day off to go to court over it, especially if you think you are in the right. No need to get a solicitor, IIRC you aren't allowed to have one in a smalls claims court anyway, the whole idea of such courts is to get away from that kind of thing.
You most certainly are allowed to spunk a load of cash in the direction of a lawyer for a small claim, it's the reclaimable costs of it even if you win that are restricted.
As in 'none'. Small Claims is designed for Joe Public; I've heard that if you turn up with a swanky brief it can count against you.

silobass

Original Poster:

1,219 posts

133 months

Friday 12th February 2016
quotequote all
I've read that claims under £10k may be dealt with by written evidence without the need to actually go to court. Hopefully this would be the case, I could live without going to court. It really just needs an arbitrator I think.