UK Mail Supplier Contract

[R0b]

Re: UK Mail Supplier Contract

Sorry case law for what being overturned? If you mean the Beavis case that was the recent decision by the Supreme Court so that isn't going to be overturned or disapplied. If it's case law for something else you'll have to spell it out for me

[Rhothgar]

Re: UK Mail Supplier Contract

Sorry case law for what being overturned? If you mean the Beavis case that was the recent decision by the Supreme Court so that isn't going to be overturned or disapplied. If it's case law for something else you'll have to spell it out for me

Sorry R0b. I cannot recall what I was trying to ask. I've been head down on our company accounts since then (since February actually).

If it jumps out at me again, I'll post up.

Steeling myself to call their solicitors today. Just read that they are listed in the Legal 500. Nearly 200 solicitors! Chances of winning as the little man in the court room - probably zero!

If I tell them I accept Service at my home address, can I be sure that bailiffs will not turn up at the address at any point in the future? Do I have a right to a quiet life if it is found in their favour and I cannot pay?

As a Limited Company, I thought I was afforded some level of protection. I know it's only peanuts but that is what we are living off at the moment.

I have read the summary notes of the case you cited. You are, I believe, referring to the Beavis v Parking portion. My question is therefore should I argue with UK Mail that their admin charge is punitive and unforceable in law? That is what I think you are getting at. Or should I simply email them and ask them how it is calculated? To my mind, this is a penalty. What else could it be? They are applying a charge on my account because they have failed to do something. Surely would it not be an issue that I have signed that contract and so agreed to it?

[Rhothgar]

Re: UK Mail Supplier Contract

....

[Rhothgar]

Re: UK Mail Supplier Contract

VICTORY! Of sorts.

They have agreed to wipe out the outstanding debt.

However, I say of sorts because I am wondering whether I should proceed to court?

They have agreed that my interpretation of the contract is correct after the chap I have been dealing with there spoke to their legal counsel at their head offices.

Clause 16.3 refers to £10 per kilo of the weight charged. The contract didn't define what a kilogram was. However, you may be thinking a kilogram is a standard ISO measurement of weight which, it is, however on their invoices they either charged declared kilos or volumetric kilos.

My argument was simple. I should have been reimbursed for the weight charged. This was borne out by Clause 12.6 also. I put this to them.

They today agreed with this interpretation and have agreed to wipe out the debt they believed was due.

Now. My problem is they have damaged a lot of stock far in excess of what they paid out for. We were put off from making a claim as they included the £55 administration charge which they have admitted on the telephone that that is there to put people off making claims for £20. This sits uncomfortably with me. The chap also said that either FCA or FSA had said that they cannot use the term "excess" for this charge.

However, if they admit liability for damage surely this would be classed as an imbalance in the contract? It puts them at an unfair advantage to put us off from claiming for all the goods they damaged. However, clause 18.3 allows us to take this to court for a decision within 12 months of date of transit.

They have said today that they "are prepared to write off the outstanding balance of £436.77 to bring this matter to an amicable conclusion".

They do not say that this is to be in full and final settlement. What to do?

[R0b]

Re: UK Mail Supplier Contract

Glad to hear they have written off the debt, does the £10 per volumetric kilo exceed the debt balance? The question is how far do you go really, you've got one result but if you push it too far they by bringing proceedings they will probably want to offset your claim with the balance outstanding.

Its a judgment call for you to make but sometimes it is worth calling it a victory and not pursuing it any further. I have seen in some instances before that people may get a little greedy and do not know when they are onto a winner, only for it all to fall to pieces in the end. Not saying this is you in particular but the point i'm making is you have to weigh up all the costs and likelihood of success.

[Rhothgar]

Re: UK Mail Supplier Contract

Glad to hear they have written off the debt, does the £10 per volumetric kilo exceed the debt balance? The question is how far do you go really, you've got one result but if you push it too far they by bringing proceedings they will probably want to offset your claim with the balance outstanding.

Its a judgment call for you to make but sometimes it is worth calling it a victory and not pursuing it any further. I have seen in some instances before that people may get a little greedy and do not know when they are onto a winner, only for it all to fall to pieces in the end. Not saying this is you in particular but the point i'm making is you have to weigh up all the costs and likelihood of success.

Without checking, I have a feeling it far outweighs the debt balance. One problem is finding the original consignments as they do not appear to keep invoices on their system (the interface we can see) for longer than 3 months. I need to decide whether to spend the time checking or treat this as a victory as it is. Our problem is business has been VERY rough for the last 2.5 years so any loss of revenue through damage in transit, however small, has had an impact on us. We have a debt to HMRC from Year End 2013 which is still outstanding so it is very much a matter of survival rather than greed in our case. Every pound counts.

At this point in time, we certainly felt that we have won. It was a great feeling when he said they were going to write it off.

I think he said that because he just wants rid of it and doesn't want to waste any more business time and resources on it and neither do I if I'm honest. Perhaps I should accept it because I think that one of the claims alone would be assessed at 35 volumetric kilos. However, they normally would only pay the lesser or the net purchase cost or manufacturing cost and the item was nowhere near £350. Think we retailed it at £200 so I assume, and I never like to assume, that he has taken account of all the other tranche of items that were damaged and simply felt that they would be covered if he overpaid on one claim.

I think that is my answer. Just need to get the other half to approve it.