Furniture Eaten By Rats

[MARKIRTON]

Any advice would be greatly appreciated.


5 years ago I was working abroad in Oman at the end of my contract I decided not to renew and moved back to the UK, because I had a possible job opportunity in Dubai I decided to put my furniture into storage with CEVA Logistics in Oman.

As part of the terms and conditions I would pay a one off fee for the packing (all items were completely covered with cardboard) and the moving of my furniture to their storage warehouse, then a monthly fee this included insurance of my furniture in storage, as I did not take up the position in Dubai I left my furniture in storage in Oman for 3 Years.


When I decided to move my furniture back to the UK and on the advice and recommendation of CEVA Logistics I took out further insurance for my furniture in transit.


In total, for storage, transportation of my furniture to my residence in the UK and both insurance packages I paid CEVA Logistics $13,000.


My furniture arrived at my house in the UK in a 40 foot container, and a team of men from CEVA Logistics offloaded everything onto my driveway as we started to take all the cardboard wrappings off the furniture, we noticed there was a large amount of damage to the furniture.


My furniture had been damaged in transit and very badly damaged in storage, the transit damage was easy to see, then we noticed that some of the furniture had actually been eaten away, fortunately we also found the culprits 'RATS', I have attached a few photographs of a small amount damage.

The supervisor from CEVA Logistics made a note of all the damage and the following day I started to claim through the insurance companies, which so far has turned out to be a total waste of time for me.


Both CEVA Logistics and the insurance company claim I was not insured correctly, (how can that me my fault) AXA insurance company state that my transit insurance was not valid because of the time it took for my furniture to reach my home in the UK which was approximately 6 weeks. I checked my terms and conditions and there is no mention of a period of time, I explained this to AXA but they still said I had no claim, they make me sick.

CEVA Logistics also state I have no claim yet they were prepared to give me a small amount ($950) as a goodwill gesture, also they told me if I claim through the courts I would have to go back to Oman, and the cost would far exceed what I can afford.


So basically I stored my furniture with a company that insured my furniture both for storage and transit, yet I cannot claim for the damage that's been done both in storage and transit, this must be a joke!!!!!!!


If anybody can help me with this it would be much appreciated, I believe these companies/people should not be able to get away with what they do.


Mark

[WendyB]

Re: Furniture Eaten By Rats

You need to appeal the decision with AXA. If there is no time limit within the T & Cs then they cannot turn down your claim because of it. Have you had a letter from them stating exactly why your claim has been turned down? If so, you need to reply to it point by point.

I've recently had a dispute with insurance company regarding mobile phone insurance, they turned down the claim twice but in the end they came round to my way of thinking, but it did take perseverance and some strongly worded letters pointing out the error of their ways.

Also I think you would probably have a claim against CEVA Logistics as it was them who recommended the extra insurance which has so far been completely worthless. Plus it was there responsibility to ensure that your furniture with them in storage was properly looked after, which presumably doesn't include letting it get eaten by rats. You need to take this further with them.

As for having to return to Oman, well I'm not sure on that point tbh, where are CEVA based, what is their registered address?

[Shepherdess]

Re: Furniture Eaten By Rats

Hi,
What a nightmare.
Have you looked into taking this to the financial (insurance) ombudsman?
More details here:



http://www.financial-ombudsman.org.u...mplaints.htm#1

Shepherdess x

[MARKIRTON]

Re: Furniture Eaten By Rats

Hi WendyB and Shepherdess

Thank you very much for your response and guidance, re: AXA, I certainly will take this up with the Financial Omnibusman.

I sent them a short letter requesting CEVA to pay for the full claim I have listed both my letter and their response below, sorry I'm not good at this, but it beats me up that these people can get away with it because people like me cannot afford to take them to court and have a Lawer.

Any help would be much appreciated, especially in the letter writing category (I'm not good at that)

Thanks again to your response and assistance

Take care

Best regards

Mark


Dear Mr.

I have been asked by our Managing Director, Mr. John Gould, to follow up this claim.

In light of the facts and legal documents presented to me, I have come to the conclusion that unfortunately our company cannot from a legal perspective be held responsible for your regrettable loss.

Accordingly, even though I appreciate your loss I cannot make any kind of offer today that could content you.

Should you have further information or documentation which could help me to reconsider my position, please feel free to contact me as I am now the only person in charge of your case inside CEVA Logistics.

With kind regards,

Baktache H. Maneche, Esq.
Senior Legal Manager
Middle East & Africa
CEVA Logistics FZCO


To: Gould John
Subject: RE: My Furniture

Hi John

Thank you very much for your reply last month.

I have contacted my solicitor in Oman and I do apologise for the delay, but I'm sure you understand how slow things move in Oman.

The solicitor has explained in detail the Law to me and my position within this law, he has also explained to me the costs to both parties that will be incurred and also the time it will take to complete proceedings through the court.

With the above in mind my original claim to the insurance company for damages to my furniture was for $2100, I paid just over $13,000 for storage and shipment to CEVA, I believe it is not unreasonable for me to ask CEVA to pay the $2100.

If you agree to pay me $2100 as stated in my original insurance claim I will carry out no other action on this matter.

I look forward to your reply

Best regards

Mark

[Shepherdess]

Re: Furniture Eaten By Rats

On their documentation, does it state whether they are members of or regulated by any organisation or Government body?
Is there an equivalent to the Office of Fair Trading in Oman?
Shepherdess x

[MARKIRTON]

Re: Furniture Eaten By Rats

Hi Shepherdess

I apologise for my late response (I have an illness) and I thank you for your time and efforts in this matter.

I have looked through all the documentation and there is nothing that shows they are regulated by any organisation or government body.

I have also looked in detail to the response from AXA insurance and can understand their reasoning that; as the furniture was eaten by rats, this must have been done in storage over the three-year period it was in Oman, I believe liability must be with CEVA logistics.

CEVA logistics will not even answer any of my e-mails.

For me to take this further will probably cost me a large amount of money, what you think is my best course of action.

Thanks again for your time efforts in supporting this matter

Mark

[Shepherdess]

Re: Furniture Eaten By Rats

Hi,
I notice that CEVA have a UK office, you could try sending a recorded delivery letter to their UK head office (or their UK CEO or named official), stating your case as a formal complaint. Couch it politely but firmly on the lines of
"I chose to use your company on the basis of your global reputation hence I am extremely concerned and disappointed. not only at the neglect and lack of care of my personal belongings but also at the total lack of interest and response to my complaint by your company".
Ask for a response within 14 days and a copy of their complaints procedure, other wise you will refer the matter to Consumer Direct/ Trading Standards.
From their website ( http://www.uk.cevalogistics.com/Glob...United-Kingdom ):
General:
CEVA Logistics Limited
CEVA House
Excelsior Road
Ashby de la Zouch
Leicestershire
LE65 1NU
T: 01530 568500
F: 01530 568953
CEVA Showfreight:
Unit 3A, Perimeter Way, NEC
Birmingham B40 1PJ
United Kingdom

Start Nucleus
Brunel Way
Dartford, Kent
DA1 5GA
United Kingdom
CEVA Container Logistics
Doranda Way
West Bromwich
West Midlands
B71 4LE
United Kingdom



CEVA Logistics UK & Ireland Senior Leadership Team:

Leigh Pomlett, President, Northern Europe
Sally Astley, Vice President, IS&S
Steve Fellows, Senior Vice President, HR
Mark Taylor, Vice President, Commercial
Stephen King, Vice President, Finance
Andy Fitt, Senior Vice President, Contract Logistics
Martin Thornhill, Vice President, Container Logistics
Michael O'Donoghue, Senior Vice President, Freight Management


Hope you're feeling better now,
kind regards,
Shepherdess

[MARKIRTON]

Re: Furniture Eaten By Rats

Hi Shepherdess

I really appreciate your advice and guidance, I have formulated an e-mail based on your recommendations and I have forward it to the Managing Director in the Middle East.

As soon as I get the response (if I do) I will post on this thread.

Thanks again

Mark

[MARKIRTON]

Re: Furniture Eaten By Rats

Hi Shepherdess

I have received an e-mail back from CEVA, stating they will only give me the goodwill gesture of $950, I have to complete and sign the settlement agreement (listed below) and send it back to them with my bank details here in the UK.

For me to pursue this it will cost me a lot more money, I think it would be better for me to take the goodwill gesture before it is withdrawn.

I thank you for your time and efforts in this matter but I feel have no other option.

Best regards

Mark

SETTLEMENT AGREEMENT

THIS SETTLEMENT AGREEMENT AND RELEASE ("Settlement Agreement'') is entered into on the 11th day of April 2011:

Between

• Mr. Mark Thompson, a ____ national holding passeport number ---------, leaving [address] (hereinafter referred to as the "Customer''),

AND

• CEVA Logistics FZCO, a company organized under the laws of Dubai (UAE), with its registered address at Jebel Ali South Zone, Jebel Ali Free Zone, Dubai (UAE) P.O.Box 20336, duly represented by its Managin Director Mr. John L. Gould (hereinafter referred to as "CEVA'').

Individually a “party”, and collectively the “parties”.

RECITALS

• about December, 2005, CEVA group sent through its subsidiary in Oman a quotation on Customer’s request for handling, packing and collection of Customer’s personal effects for safe storage at CEVA’s facilities in Muscat, Sultanate of Oman and furthermore delivery to the UK.
• about July, 2010, Customer refused a good will gesture of CEVA for US$ 950 for alleged damage suffered for CEVA’s service.
• The parties desire to enter into this Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which are or might become the subject of a Complaint, upon the terms and conditions set forth herein.

NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties hereby agree as follows:

1. Release and Discharge

In consideration of CEVA's agreement to make the payments called for herein, the Customer completely releases and forever discharge CEVA, of and from any and all past, present or future claims, demands, obligations, actions, causes of action, rights, damages, costs, loss of services, expenses and compensation which the Customer now has, or which may hereafter accrue or otherwise be acquired by Customer, on account of, or in any way growing out of the storage and moving of its goods from Oman to the UK.

2. Consideration

In consideration of the release set forth above, CEVA hereby agrees to pay the Customer Nine hundred fifty US dollars (US$ 950.00).

3. Attorneys' Fees

Each party hereto shall bear its own attorneys' fees and costs arising from the actions of its own counsel in connection with the complaint and this Settlement Agreement and incurred prior to the date of execution of the Agreement.

4. Warranty of Capacity to Execute Agreement

The Customer represents and warrants that no other person or entity has or has had any interest in the claims, demands, obligations, or causes of action referred to in this Settlement Agreement, except as otherwise set forth herein, and that it has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations, or causes of action referred to in this Settlement Agreement.

5. Entire Agreement and Successors in Interest

This Settlement Agreement contains the entire agreement between the Customer and CEVA with regard to the matters set forth herein and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors and assigns of each.

6. Representation of Comprehension of Document

In entering into this Settlement Agreement, the Customer represents that it has relied upon the legal advice of its attorneys, who are the attorneys of its own choice and that the terms of this Settlement Agreement have been completely read and explained to it by its attorneys, and that those terms are fully understood and voluntarily accepted by it.

7. Governing Law

This Settlement Agreement shall be construed and interpreted in accordance with the laws of the Sultanate of Oman.

8. Additional Documents

All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement.

9. Effectiveness

This Settlement Agreement shall become effective on execution.



______________________________
Mark
Customer

Date:



____________________________
CEVA Logistics FZCO
John L. Gould
Managing Direcotr

Date:

[MARKIRTON]

Re: Furniture Eaten By Rats

I have signed the settlement agreement and now have thegoodwill gesture of $950, sorry but the runaround (this being in the middle east) is not good for me.

Thanks for all your help in this matter, now on to the Credit Cards,

Mark

[WendyB]

Re: Furniture Eaten By Rats

Well you have to weigh up and do what's right for you, which you have, so this is a result. Onwards and upwards with the credit cards. If you want any help, just post threads and shout

[Shepherdess]

Re: Furniture Eaten By Rats

I think you've done the right thing Mark. While it's tempting to pursue justice to the nth degree, sometimes the strain just isn't worth it. Well done on putting this to bed and moving on.

Shepherdess x

[CleverClogs]

Re: Furniture Eaten By Rats

I have also looked in detail to the response from AXA insurance and can understand their reasoning that; as the furniture was eaten by rats, this must have been done in storage over the three-year period it was in Oman, I believe liability must be with CEVA logistics.

Whilst I agree that CEVA was liable for the safe storage of your goods in their bailment, I would not agree that the damage occurred in the warehouse. As only two rat carcasses were found, I would suggest that they entered to container at the docks and perished during the six week passage to the UK.

If the rat carcasses had been examined, the cause of their death might have been determined; if they died from liver failure caused by their ingestion of anti-fungal agents applied to the furniture, this would also indicate that they did not have long to devour your cargo.

If CEVA in Oman can thus be exonerated, does this mean you may still have a valid claim against CEVA UK?

[charitynjw]

Re: Furniture Eaten By Rats

Hi CC,

Interesting point, but is it worth pursuing?
You especially should realise, given your avatar, that sometimes you have to step back for the sake of your 'elf'
(Ps - who's the essay for?....................... only joking!! :behindsofa

[CleverClogs]

Re: Furniture Eaten By Rats

Hi CC,

Interesting point, but is it worth pursuing?

Probably not but, as a relatively small claim against CEVA UK made via Money Claim Online would cost them more to defend than for them to pay out, it might be worth the OP trying.