Seller Trying To Claim For Damage To 3 Parcel Companies - For Well Over Cost

[joko]

this is linked to my previous questions about CCJs

it turns out the seller is possibly trying to claim 4 lots of compensation for the damage to this item ... she is trying to get it from all 3 parcel companies used - and me

she seemed to think i should be grateful she was only claiming for the item sale price from me - rather than the cost of the item to replace with a brand new one - over £1000 ...! which is what i think she is expecting to receive!
the item is not worth more than £200.

I have tried to contact the parcel companies concerned to tell them this, and see if i can get confirmation that she a case with them - as it may help my case to know she has done this - but they dont seem to understand what i am saying - they just say they cant take delivery instructions from me, only the seller ...

what is the best way for me to let their claims depts know what is going on?
emails are not working - and i doubt i'd get put through to the right people by ringing - or is that the only way?
is there a process? or someway i can contact the claims dept directly?
its hermes, UPS and interparcel

she also keeps mentioning parcelforce but they were not even involved so im even wondering if she has even started some sort of claim with them too - with a different parcel but claiming its this one or something

i am pretty angry with this rotten woman, and it would stick in my throat if i though she had managed to blag £3000 out of this - or even £4000!

thanks

[Zacs-Master]

For anyone interested in the back story:
http://www.theanswerbank.co.uk/Law/Question1403340.html

[Buenchico]

Let's get the legal position straight here:

If you sell something by post and it gets damaged or fails to arrive, the vendor has the right to demand compensation from you (and to take you to court to obtain such compensation if necessary). It's immaterial as to whether UPS staff played football with your package or Hermes staff chucked it in the river, it's YOU who must provide compensation to the vendor (because it's YOUR duty to ensure that they get what they've paid for)

However you then have the right to seek compensation from the carrier but that's totally separate to the legal dispute between you and the purchaser.

[Retrochic]

So you bought something that got damaged in the post and the seller is claiming the sale price from you? Why? If she posted the item to you and you have paid for it surely its you who should be making a refund claim to the seller.

[Retrochic]

buenochico -seller and vendor mean the same, its complicated enough without this confusion ;-)

[Buenchico]

Oh, hang on, I might haver got this the wrong way round - but I'm not sure!

If the woman who's complaining was the seller them I'm mystified as to why she should be suing you, Joko.

Yes, I accept that you said that she was,indeed the seller (and I should have taken more note of that), but the rest of your post reads as if you sold her something that arrived damaged (or failed to arrive).

Sorry if I got it wrong but I'm CONFUSED!!!

[Retrochic]

join the confused dot com club. How on earth could someone use three different courier companies to deliver one parcel? I have an online shop and send parcels daily. If anything gets lost in the post or damaged it is my legal requirement (distance selling regulations) to refund the buyer for the full amount then reclaim the amount from the shipping company.

[ummmm]

Read Zacs link.

[Retrochic]

I already have read the link thank you very much. That link gives no indication at all of what has actually happened just vague references to being 'messed about.

[ummmm]

You're welcome, retro, but I wasn't talking to you, you weren't there when I started typing.

[Zacs-Master]

That's why the question is impossible to answer.

[Tuvok]

I'm confused as well.

As for multiple couriers - its possible - local firms may be subcontracted by larger firms.

[Retrochic]

Zacs - it beats me what actually happened and why he is being threatened with County Court. I have a feeling the woman is trying to extract money from him fraudulently but its difficult to give advice when the OP is reluctant to give hard facts.

[Retrochic]

Tuvok -Hermes would not sub contract to UPS or Interparcel and certainly not Parcel Force.

[joko]

yes i am the buyer - she sold me an item that arrived in a terrible state - because she hadn't bothered to package it properly. (basically loose in the box)
she promised a refund, but was very shifty and eventually ebay refunded me - even though i was outside of the moneyback guarantee

its a long story but basically she feels upset that because i wasn't waiting at home on the off-chance of it arriving and i also didn't collect it from the depot - because i didn't get a card - and it was sent back to the main depot, before coming back to me
she has decided that because of this i am not being fair and she should therefore get the the money back off me ...

i actually dont think this woman is 'all there', she seems kind of simple and seems to just rant and moan and trip herself up, lie and ignore facts - its hard work speaking to her really
i have been polite etc

as i say long story and upshot is i believe she broke the item and sent it in that condition, knowing she could claim from parcel co.

basically aside from just defending myself - from this stupid claim - i dont want her to receive a penny - i have a lot of evidence, photos etc, that kind of back up my belief - too many things dont make sense, too many odd things.

i have spent quite a while thinking about this and analysing the item, box and her behaviour

any ideas what i can do?

i really don't want her to get away with this - because if i'm right, she will do this to someone else, over and over.

thanks

[Zacs-Master]

Retro, I thing the OPs concern is that she (?) is trying to claim the same insurance from all 3 carriers.

[joko]

retrochic - what is it you would like clarifying?

its a pretty long story - hence why its not all here yet.

she sent the item via UPS, but when they sent it back it went to interparcel for some reason - then when it was sent back to me - hermes delivered it to my door

[joko]

as you say - it is a ridiculous claim - she has no claim against me at all - but i still have to go through the motions of the case etc

currently my defence info is 6 pages long - and there are lots of points of note that add to my defence and explain why i doubt her so much

i could post it here as it stand - but i would anyone want to read it all?

[Zacs-Master]

Have you tried trading standards?

[Retrochic]

joko - Thank you for the clarification -you have come to the right person! I have an Ebay shop and deal with jokers like this sometimes. Firstly you have been refunded by Ebay and they have taken back the money from her account. End of, Seriously that is the end of it you have no further liability in the matter. It is up to her now to make a claim fro the courier and you are not involved -IT IS NOT YOUR PROBLEM! You owe her nothing,Ebay has dealt with it. Forget it -she is trying it on and will never get this to court as she has no claim on you. Send her a letter or email through Ebay explaining you owe her nothing and the matter has been dealt with through the correct procedures with Ebay. Contact Ebay through the report facility and phone them to report what has gone on -this may not be the first time she has tried this.

[joko]

this is why i am starting to wonder if the scam is bigger - like she sends out weighted boxes - with insurance - then claims they are all this damaged item and claims separately

the seller has given me 3 different addresses during all this - so is she sending stuff to herself ...?