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Courier broke brand new tv, but denied compensation claim.(5 Posts)
So I bought a bargain new TV on a special deal, then regretted it as I couldn't afford it, despite it being a bargain, but was too late to stop dispatch. Realised it would cost me £25 to return it so instead sold it on eBay, and just about broke even. Sent with well known courier and paid for compensation for full value. Buyer then says it arrived damaged and he contacts courier who collect and inspect it.
However, went to chase this up today, and because I booked the courier through a parcel site they are the sender not me, which is why I haven't heard. The lady fobs me off and says she will send me the forms, then emails me courier's assessment that the TV was inadequately packaged so they won't pay. It was a brand new TV in brand new manufacturers packaging, fitted polystyrene inserts etc, exactly how it arrived with the courier that brought it to me. But anyway, when I ring to question it
and why she didn't have the guts to say that in the first place she says it is on their list of restricted items anyway so isn't covered, even though I specified what it was and they accepted my purchase of insurance for it
I am so gutted, I didn't read the restricted items list assuming, stupidly, that it was stuff like fireworks, alcohol, tobacco etc. Have looked at the list and it basically lists anything of any value that anyone could possibly want to send. so I am wondering if that is an unfair term. I also googled before I sent it and the courier site does have a specific page on using the original manufacturers packaging, and it says only if it is new (which it was in this case!) I can't believe TVs are shipped all the way around the world in these boxes, and certainly made it to me ok last week, but they claim it was inadequate packaging. Obviously I have learnt my lesson about reading the ridiculous small print. But is there anything I can do? I do have legal cover on my home insurance, I did pay for both the TV and courier with a credit card, although the latter obviously wasn't over £100
I just feel sick that I tried to save the courier cost to return it and instead wasted the hundreds of pounds for the TV AND the cost of the courier. Which I trusted as it was a big name, but clearly shouldn't have.
Should clarify that tvs are on the restricted list for the parcel site but not the courier themselves, it is not that the courier wont cover tvs ( their refusal is based on inadequate packaging) it is the parcel site that I eventually chose without double checking their small print that have chosen to exclude tvs.
Still just want to cry.
Taking a look around, every site I can find lists TVs as not suitable for shipping by courier and hence not subject to compensation. If the box had "this way up" notices on it couriers (other than specialist couriers) do not guarantee to take notice of them, so that could be how the TV was damaged.
Packaging that is adequate for a TV being shipped halfway around the world on a pallet with a load of similar TVs is not necessarily adequate for sending a single TV by courier.
If you spoke to someone at the parcel site to make your booking and told them you were shipping a TV you may have a case if they failed to warn you of the risks. If you simply booked the shipment through their website your case may be weaker.
If you want to pursue this you should do so through the courts. This would be a small claim so your costs would be low and you don't need a lawyer. How much it will cost depends on how much you are claiming and whether you start the claim online. You may succeed but you may be throwing good money after bad. If you want to go down this route your first step is to contact the parcel site (email or letter) setting out the details of your claim, saying what you want from them, giving them a deadline and saying you will take legal action if they don't pay up by then. Once the deadline has passed and they haven't paid you can lodge your claim with the courts.
Thanks for the advice.
Now that I have looked, lots of the third party parcel site type things do list tvs as restricted, but the couriers themselves, including the one in question, do not.
I guess I never even thought it was a possibility because it arrived with me by courier from a big internet seller, and I re sent it exactly as it was received from them, so I didn't have the faintest inkling that it might not be included, or that they could possibly suggest the packaging was inadequate.
I did just book it online, I had read all the Ts and Cs for the relevant courier companies before settling on this major one because the size was too big for the cheaper couriers. Then I looked for a good price for this particular one (stupidly thinking I was safe with a big name), paid the extra for compensation and specified what it was in the description box. Surely their acceptance of that and selling me the insurance and sending the courier out 24 hours later shows they had accepted that description and value.
As far as I can tell the parcel sites put overly restrictive lists in their terms despite the courier being willing to carry the items, just so they don't have to go through the hassle of pursuing with the courier. In this case it was well packaged ( much better than flinging it loose in a box with two inches of foam peanuts which seems to be their preferred suggestion!) and I think the parcel site have good cause to pursue the claim. But they haven't seen the packaging or the item and are just taking no for an answer without even asking if it was well packaged or not, which they are able to do because they (not the courier) list tvs as a restricted item.
Mostly I am angry with myself for not reading their ridiculous restrictions, but having already read the actual courier imposed restrictions I did not realise the parcel site could add their own made up list just to cover themselves.
Did you open and inspect it when you received it from your seller? (I am just wondering whether you left it sealed and the damage occurred during the initial transit)
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