Gord R Posted February 2, 2008 Share Posted February 2, 2008 Hi Folks Having problems with some parcels that are stuck at a depot in Birmingham due to a big problem between a 3rd party courier and a big name courier. Basically iv booked through the 3rd party , who owe the large courier serious money and my parcels are being held at the main depot and are going no where. Anyone able to offer any legal advice. Thanks Gord Link to comment Share on other sites More sharing options...
marbleapple Posted February 2, 2008 Share Posted February 2, 2008 1st things 1st is that you should read the terms and conditions the courier and you entered in too when agreeing to contract. They might shed some light. My guess (and I could be miles out) is that the parcel is still yours and thus you could claim breach of contract against the courier. They then have to refund you, but then they would have no reason to actually do anything with the parcel (thus meaning you have to pick it up from Birmingham). Link to comment Share on other sites More sharing options...
Gord R Posted February 2, 2008 Author Share Posted February 2, 2008 My concern is its looking more and more like a scam. They owe the large courier firm 40k im told. Police are involved and all parcels are being held under security with no information regarding their release. I have offered to pick up and pay them to release the parcels , because as you can imagine my customers arnt best pleased. Link to comment Share on other sites More sharing options...
Gord R Posted February 2, 2008 Author Share Posted February 2, 2008 My question is really , can this large firm legally hold my parcels , even if i have offered to cover costs. I ask myself why they even collected them if they were aware of problems! Link to comment Share on other sites More sharing options...
and1c Posted February 2, 2008 Share Posted February 2, 2008 My question is really , can this large firm legally hold my parcels , even if i have offered to cover costs. I ask myself why they even collected them if they were aware of problems! Tricky one here but I would guess technically the parcels are under their jurisdiction but only under authority from the small 3rd party courier..legally they cannot hold on to them indefinately...as that would amount to theft. UNLESS this becomes a criminal investigation in which case they could become evidence and can then be held by the coppers until they decide they will let them go (after a court case basically and then some....) I would suggest your best bet is to get a solicitor to write a snotter letter demanding release of the parcels as it is 'of detriment' to your livelihood or similar Link to comment Share on other sites More sharing options...
marbleapple Posted February 2, 2008 Share Posted February 2, 2008 Tricky one here but I would guess technically the parcels are under their jurisdiction but only under authority from the small 3rd party courier..legally they cannot hold on to them indefinately...as that would amount to theft. Yer my advice would depend on what your contract says. Do you have reserved rights (i.e. the parcel is yours until its delivered) or did the courier take ownership on the signing of the contract (in which case the main courier might have a claim over the parcel). Link to comment Share on other sites More sharing options...
and1c Posted February 2, 2008 Share Posted February 2, 2008 Yer my advice would depend on what your contract says. Do you have reserved rights (i.e. the parcel is yours until its delivered) or did the courier take ownership on the signing of the contract (in which case the main courier might have a claim over the parcel). Sounds to me like if they are a dodgy small outfit then they may not have a formal contract for customers? Just a guess but if so then the law will definately fall in your favour going on past precedents I would guess..... As in...you paid them to deliver YOUR property and due to no fault of your own, they failed on that agreement due to a financial argument with their suppliers. Link to comment Share on other sites More sharing options...
Gord R Posted February 2, 2008 Author Share Posted February 2, 2008 T & C Terms and Conditions "By making a booking you are agreeing to our T&C's Payment Each payment covers ONE delivery of ONE parcel only, if you have multiple parcels to be collected and sent, please select the required number of parcels, even if they are all going from and being delivered to the same address UK Mainland Areas Not Covered Our UK Mainland delivery does not include the following areas: Northern Ireland, Scottish Highlands and Islands, Isle of White & Isle of Man. Additionally the following postcodes: PH19-PH44, PH49, PH50, PA20-PA88, KA27-KA28, all HS, IV, KW & ZE are not covered by this service. Package Details There are strict requirements to the size and weight of your package. This is mainly due to Health and Safety reasons. If they exceed your parcel will be refused by the driver. If your parcel does exceed the below and is refused, you will not be entitled to a refund, If your parcel is collected and it is then deemed to be over the weight or size limit an admin charge of upto £35 may be charged. Maximum Weight Maximum Dimensions Insurance Value 30 kg 120cm x 60cm x 60cm £150 All parcels must be securely packaged and clearly labelled with the delivery address prior to collection. Restricted Items The following items are strictly prohibited from shipment, and must not be sent through our services under any circumstance. Any of these items being sent may result prosecution, heavy fines and imprisonment. * Animal skins / Furs / Any Animal Parts / Ivory and ivory products * Box with Hazardous label - Items sent with a Hazardous label attached will be classed as such. DO NOT RE USE OLD HAZARDOUS BOXES * Dangerous goods - eg Explosives / Fireworks / Radioactive Materials / Deactivated or Replica Weapons and Munitions / Firearms / Swords / Knives / Weapons * Engines / Generators / Gearboxes or any part containing or having contained oil/petrol unless flushed through * Fire Extinguishers / Life Jackets (compressed gas) * Perishable Food items (All non dried & can foods) * Hazardous materials eg Aerosols / Paint / Adhesives / Chemicals / Flammable resins, solvents, liquids / Compressed Air / Items containing any gases * Household goods containing flammable or corrosive liquids, such as oven or drain cleaners * Liquids / Adhesives / Paint * Live animals * Magnets or items containing ferro-magnetic material * Mobile Phone with that has Sim card inserted * Money, Keys, Negotiable items / Payment cards * Personal effects * Pornographic materials * Tobacco and tobacco products / Drugs / Medicines * Wet or Lithium Batteries (Not including Dry Cell) The driver reserves the right to refuse any parcels. Collection Only 1 collection attempt only will be made, If the driver calls to collect a parcel and there is nobody available then you will still be charged for the service. We can not guarantee a specific collection time, so please do not ask. Please make sure somebody is available for collection, if collection cannot be made due to no-one being available, you will not be entitled to a refund. The driver will always leave a card if a collection attempt has been made. Collection will be made at anytime between 0800-1800 Monday-Friday (excluding Bank Holidays) Should the carrier fail to arrive for collection, we will rearrange collection at no cost to you Delivery This service will cover 3 delivery attempts. Delivery will be made at anytime between 0800-1800 Monday-Friday (excluding Bank Holidays). We cannot guarantee a specific delivery. Please make sure somebody is available to receive delivery, if delivery cannot made due to no-one being available. The delivery driver will always leave a card if a deliver attempt has been made. The collection address may then either collect in person from the depot or arrange another delivery. After 3 delivery attempts your item must be collected from the depot attempting delivery. If item not collected you will not be entitled to a refund and a further payment will be required to arrange redelivery or return. The driver will always leave a card if a delivery attempt has been made. Delivery times are not guaranteed by the Carrier. Insurance All items include cover of £150 for loss and damage at no additional charge. In the unlikely event of a claim needing to be made please use the contact us link above and we will assist in the claim process. All claims should be reported to us within 7 days of date of dispatch for damage and 21 days from date of dispatch in the case of loss. The claims process can take 4–8 weeks and all decisions are made at the sole discretion of the carrier" Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 2, 2008 Share Posted February 2, 2008 My question is really , can this large firm legally hold my parcels , even if i have offered to cover costs. I ask myself why they even collected them if they were aware of problems! I would say no, they cannot legally do that. You should be able to cancel the contract at anytime and remove your goods. Payment for the handling/transport of the item will possibly need to be made to the current transport company but I guess this pales in comparison to the cost of the goods? Gaz. Link to comment Share on other sites More sharing options...
Gord R Posted February 2, 2008 Author Share Posted February 2, 2008 I have already told them ill pay to get the good released , because as you can imagine my customers arnt best pleased. But they are refusing to let me do this at present , saying the goods cannot be released until they have been paid by the 3rd party. But with a debt as large as they have its doubtful it will be any time soon. Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 2, 2008 Share Posted February 2, 2008 I have already told them ill pay to get the good released , because as you can imagine my customers arnt best pleased. But they are refusing to let me do this at present , saying the goods cannot be released until they have been paid by the 3rd party. But with a debt as large as they have its doubtful it will be any time soon. I don't think they can do that - its not there property, its yours and your paying them for a transport service. If you pay them direct for that specific service they have to release your goods! Gaz. Link to comment Share on other sites More sharing options...
AndyT Posted February 2, 2008 Share Posted February 2, 2008 I have already told them ill pay to get the good released , because as you can imagine my customers arnt best pleased. But they are refusing to let me do this at present , saying the goods cannot be released until they have been paid by the 3rd party. But with a debt as large as they have its doubtful it will be any time soon. As Gaz says. Otherwise imagine how easy it would be to set up a company and rip peoples goods off at will. What they are doing to you is theft. Get the police and a solicitor. Link to comment Share on other sites More sharing options...
Gord R Posted February 2, 2008 Author Share Posted February 2, 2008 They have until mid next week to have this problem sorted , or i will be taking this further. There is another company involved who are telling all its customers that for some unknown reason they have been put on stop , and that customers should go into the depot with the collection note and tell them their friend booked it and ask them to give them their parcels. Seriously dodgy situation. Can see this one becoming a bit of a pain! Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 2, 2008 Share Posted February 2, 2008 As Gaz says. Otherwise imagine how easy it would be to set up a company and rip peoples goods off at will. What they are doing to you is theft. Get the police and a solicitor. Yep. It sounds like you've tried the being nice approach... It's time to talk tough. Tell them what they are doing isn't lawful, you'll contact the press, police (its a civil matter they'll say but its a good threat), trading standards etc and you may also be able to claim against them directly (ask a solicitor for advice if its that important). Speak to the depot manager not an underling - if that doesn't get you joy an area manager etc until you find someone that will do something. Gaz. Link to comment Share on other sites More sharing options...
Gord R Posted February 7, 2008 Author Share Posted February 7, 2008 Now sorted - TNT released this week, no info was given out how the resolved it. Link to comment Share on other sites More sharing options...
Gaz Walker Posted February 7, 2008 Share Posted February 7, 2008 You should have said it was TNT mate, I would have had it sorted for you next day Gaz. Link to comment Share on other sites More sharing options...
Gord R Posted February 7, 2008 Author Share Posted February 7, 2008 I darent say their name if had to go the stroppy legal route with them. Well after the fiasco with the 3rd party , for my next deliveries. Placed an collection and Attempted to setup an account with TNT bradford , to be told they wont deliver to a home address , so rang TNT Carlisle who said it was no problem. So the following day TNT Carlisle collected the goods as promised.. Then TNT Bradford came to try and do the same later in the day! Shocking! How do you find TNT Gaz? Link to comment Share on other sites More sharing options...
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