Robbo25

Sophie, sorry but this is factually incorrect in terms of contract law. The person responsible is the person you contract with, and they in turn are responsible for whoever they choose to act on their behalf at the distant end. If you paid or contracted with two different people then that is completely different and you would be on your own with each party.

lardyl

I for one empathise with you (as I spend my professional life picking up the pieces after accidents, crimes and other incidents) - I wouldn't wish your experience on anyone.

But I'm not sure how you can be goosed contractually with this arrangement as the party in the UK had a contract with you and they sub-contracted to the (physical) shippers and to the storage/delivery company in NZ. The buck stops with them and how they choose to deal with their liabilities is their problem not yours. I presume that you sought good legal advice either here or in the UK. They contracted to you to carry out their work with "reasonable skill and care" - if they or they contractors did not do that then even if they have no direct contractual responsibilities and their failures can be shown to be linked to your loss then presumably they can be shown to be negligent? Or am I being too simple-minded?

Notwithstanding any legal point, I'm still not sure exactly what you are saying and where these "one stop shop" shippers are?
As we have seen Crown are not necessarily in that camp so who are? Allied/Pickfords are here but again they may not be nationwide and didn't Pickfords go under recently - indeed and resurfaced as erm "Allied" so you could get a one stop with them, but there might be a bit of retiscence as they were in liquidation recently ??

I'd certainly agree that the cheapest is not necessarily the best value but that is pretty obvious........certainly at the low end!

lardyl

beat me to it - I was off checking whether Pickfords/Allied were no more

Robbo25

Pickfords/Allied seem to be hanging in by the skin of their teeth don't they?

lardyl

they'll got a big "Allied/Pickfords" sign on a building in Albany though.
Thought the UK/Eire arm was sold off and the overseas branches were "safe"..........

Bo-Jangles

Therein probably lies the tale; this is public information and absolutely no reason why it can't be mentioned on this board:

http://www.pickfords.co.uk/html/news...nts.aspx?id=20

The UK and NZ operations have been separated during the sale.

Seems they fooked this bit though:

chocolate cake

Well back to my original case. My contract is with X the original removal company in the UK who have gone into administration. They subcontracted to Y, who sub contracted the NZ leg to Z a New Zealand removal company.

My goods arrived in NZ ok, but since then X removal company have gone into administration, and Y have instructed Z Movers in NZ to hold my goods until the administration is settled, or I pay them directly.

They have no right to hold my goods, as I have no contract with them. I have demanded they release my goods and I be allowed to arrange the remainder of the transport myself and seek to recover this from the administrators, however they are refusing to do this unless i pay them for X's debt.

This is clearly unfair, I initially took legal advice in NZ, and it was clear they had no rights to hold my possessions. However it was complicated by the fact that Y is in the UK, and so any action I take will need to be the UK.

I have since spoken and emailed Y the UK company witholding my goods, telling that they have no right to my possessions and demanded they release them, and that I will charge them rental for my goods. The UK bank hol fell at convenient time for them, and I have still to have any further response.

I'll be chasing up again tonight NZ time, but it is really getting very very frustrating.

lardyl

Not good news C/C. Who are you planning to use in NZ to pick up the pieces?
I'm not sure what can be done - do you need any stuff urgently?
I have a passable nearly new NZ TV sitting around and a few other bits should you be desperate.
Feel free to PM me, although I am some distance away on the other side of the city!

Kerrygold

I know you can't name the baddies but could anyone please let me know who you had a good experience with. I've got my three quotes now and can't decide between two of them. Thanks in advance.

Robbo25

Who were your three quotes from, we've had PSS, Crown and Robinson's and the latter really stood out for us?

luvwelly

If they have no right to hold your goods under NZ law, wouldn't a threatening letter from an NZ barrister maybe do the trick and seriously as someone else said those Consumer programmes can work miracles (without you appearing on tv) ....no NZ removal firm will want bad nationwide publicity on withholding a recent arrivee's wordly goods...how bad will they look?
I'm sure you just need the big boys on your side...a consultation with a corporate lawyer might do the trick. Also your local member of parliament would know where to apply pressure - it is an issue for the NZ Government that recent arrivees can be treated like this.

lardyl

Citizen's Advice also work here and they me able to help - www.cab.org.nz is their linky!

luvwelly

Just another thought..are you the only family affected...my OH was wondering this? It seems unlikely that you would be.

chocolate cake

Only me effected? dunno, the Removals Company X my contract was with have been going over 50 years, so there will be many effected in the UK.

That said with UK only moves, it's a simpler situation, better protection and unlikely to involve any subcontracting which is the issue here.

The UK party that my removal's company subcontracted the export and NZ side to are trying to enforce a 'right of lein', and retaining my property.

I've spoken to lawyers both in NZ and more recently in the UK. They make clear that I'd should be successfully able to take legal action to re-possess my goods. However their charges are ₤300 per hour, so would soon tot up, even though I'd eventually get most of it back.

It's just so damn frustrating, chasing everything up with the time differences and everything, I've also found I've left the info on my home email which I can't access at work, so there's another day gone :-(

chocolate cake

It's not the NZ company at fault here though. They have been asked to hold the goods by the other party Y in the UK who their contract is with. If they release my goods, they'd no doubt lose the business of the UK company Y. It's the UK company Y that are causing all my difficulties.

They hung on to documents initially preventing my goods being released at port in NZ prior to the UK removals going into admistration. My goods were scheduled to be delivered before the latter event.
And yes, the UK company Y do deserve bad pubilicity.