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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to think £100 comp is not enough after courier damaged my mirror?

159 replies

Elizabella · 15/11/2020 18:49

I bought a mirror from Laura Ashley in a private sale last month.I paid £200but becauseI didn't have a car available, I contracted AnyVan to pick my mirror up for £67 incl basic insurance.I left specific instructions on the booking about the mirror being unwrapped, fragile and needing careful handling. I booked the driver after reading his profile that said he had good ratings and blankets/strapping for furniture.I asked the seller to remind the driver to wrap the mirror etc which she did.

When it arrived at home, the driver set it down and drove off.I was very concerned as it is a large and heavy mirror and he brought it in carrying it one handed under his arm with no especial care and no evidence of wrapping.. I noticed a corner had been damaged with bits missing.I immediately texted the driver to ask him to stop and check the back of his van for any bits of the mirror. he came back with only one bit saying he could superglue it (impossible as it is a gilt mirror and bits of the corner are still missing) then he asked me not to make a claim then stood looking at me like a kicked spaniel to try to get sympathy.

I reported it toAnyVan with photos, receipt, testimony ofthesellerand they have said:

AnyVan acts as an agent within the booking which means we must mediate with the Transport Provider in an attempt to resolve the claim. Upon speaking to the Transport Provider and reviewing the evidence that has been provided, we would like to offer you a settlement of £100 to resolve the claim. This refund is in line with the terms and conditions for the basic compensation cover included in your booking and is stipulated within section 9.2(b) of the terms and conditions sent to you at the point of booking;

9.2 Basic Compensation Cover is included in the Price. This provides:
b.cover for up to a limit of £100 per individual item.

I wrote back and said that the mirror cost £200, the transportation was £67 and £100is not enough to either purchase another or to pay fo ra repair with transportation costs. AlsoLA are no longer trading so I could only get another from ebay and they go for £200+ WITHOUT the cost of transporting. Also quoted the bit of consumer law about reasonable care being taken when it clearly wasn't.

They came back and said they understand my points BUT "Upon placing the booking, you are offered the option to purchase additional comprehensive insurance cover, however, as the basic compensation cover was opted for, this would be the maximum offer we would be able to make.

Should you wish to accept the refund of £100 as the full and final settlement to the claim, please respond to this email with the following details and I shall refund this to you with the 3-5 days;'

AIBU to expect them to either bear the cost of repair or give mea proper refund? What would you do? Anyone know anything about consumer protection law in cases like these?

OP posts:
toomuchpeppapig · 15/11/2020 18:52

Surely you're tied to what the contract states (ie £100 compensation)? Short of taking them to small claims court, which would cost you money and you may end up no better off, what else do you think you can do?

AaronPurr · 15/11/2020 18:54

They came back and said they understand my points BUT "Upon placing the booking, you are offered the option to purchase additional comprehensive insurance cover, however, as the basic compensation cover was opted for, this would be the maximum offer we would be able to make.

Seems pretty clear to me, you didn't pay for additional cover, so they can only reimburse you for the maximum cover you chose. Whilst I'm sorry the mirror was broken, the onus was on you to select the correct level of insurance in case of damage / breakages.

MuttsNutts · 15/11/2020 18:55

YABU. The basic insurance clearly says compensation up to £100 so you effectively decided to take your chances rather than paying for adequate insurance.

AnnieMaul · 15/11/2020 18:55

It's shit, but if you didn't take out the appropriate level of insurance cover then i'm not sure there is much more to be said.

It's a lesson learned. If you have a £200 item, ensure you have £200 worth of cover.

Lockheart · 15/11/2020 18:55

You agreed to the T&Cs when you made the booking. £100 is the maximum it seems.

If you wanted additional cover then you should have purchased it.

Calic0 · 15/11/2020 18:56

The T&Cs seem pretty clear and they’re offering you the maximum amount of compensation that you are entitled to under that level of cover. Why should they pay out more when they have abided by the terms of the contract you signed?

SarahBeenysBikerJacket · 15/11/2020 18:56

Blankets and strapping for furniture is completely different to wrapping a mirror. You should have asked the seller to wrap, and paid for proper insurance. Take what they offer and consider it a lesson learned.

spanieleyes · 15/11/2020 18:57

So you purchased insurance with a maximum payout of £100 and are now complaining that they are only paying out £100!

Nightmanagerfan · 15/11/2020 18:57

YABVU. You only paid for basic insurance so you took that risk and underinsured the mirror. It’s a sad thing to happen but you won’t make this mistake again.

SherryPalmer · 15/11/2020 18:58

I would push for the £100 from the insurance AND a refund of the transportation costs as a minimum.

SleepingStandingUp · 15/11/2020 18:58

This refund is in line with the terms and conditions for the basic compensation cover included in your booking and is stipulated within section 9.2(b) of the terms and conditions sent to you at the point of booking;
9.2 Basic Compensation Cover is included in the Price. This provides:
b.cover for up to a limit of £100 per individual item.
Why didn't you opt for higher insurance? It clearly states you were covered for up to £100

GivenchyDahhling · 15/11/2020 19:00

If you want insurance to cover the full value of the item you need to buy insurance that covers the full value of the item... Confused

Original poster
Elizabella · 15/11/2020 19:01

I just wondered if consumer law trumps it? Like I said the driver's reviews said he was excellent, experienced with delicate and fragile items and would wrap stuff. If he did not have this sort of special recommendation, I would never have booked him.This is the instruction I gave 'The mirror is unwrapped and has delicate mouldings on it. It is currently unwrapped. Please can you ensure that it is very well wrapped and strapped. I have photos of its condition currently. It is a baroque style so needs gentle handling. Thank you.'. Not like he didn't know what he was picking up. Since then I have read a huge amount of horror stories about AnyVan...

OP posts:
Fairybatman · 15/11/2020 19:01

Agree with PP it’s unreasonable to ask for more than the maximum if you declined insurance, but you could try for the transport costs too.

Original poster
Elizabella · 15/11/2020 19:03

I thought that if they offer to refund the transportation costs plus the £100 that this would be reasonable as it would enable me to get a repair done and cover the costs of getting it to a repairer and back but not sure how to word it?

OP posts:
Original poster
Elizabella · 15/11/2020 19:03

Yes, I realise now that I was naive in assuming the guy would be professional.

OP posts:
ShirleyPhallus · 15/11/2020 19:04

Yep sorry, agree with the others but that’s the ts&cs

Same reason I’d always check before hiring a moving company on max compensation of any individual item

Hayeahnobut · 15/11/2020 19:04

Your instruction acknowledges that the mirror was inadequately packaged for carriage.

You're fortunate that they're offering £100. Other couriers (and Royal Mail) would refuse your claim, as it's up to you to ensure the item is adequately packaged.

Original poster
Elizabella · 15/11/2020 19:05

First time I have ever used a service like this. What could I say to push for return of the transport costs?

OP posts:
Lazypuppy · 15/11/2020 19:08

I dont understand why you expected them to wrap it up? Why did the seller not package it?

AnnieMaul · 15/11/2020 19:09

Unfortunately it doesn't matter what you said or what your instructions were. In this situation, what matters is that you only paid for maximum coverage of £100.

Many companies wont even cover glass because no matter how well packaged or how carefully handled, they are still easily broken. I feel that you're quite fortunate they're offering the full amount at all.

Nicknacky · 15/11/2020 19:10

Why did you take out the minimum cover that was clearly less than the value?

Original poster
Elizabella · 15/11/2020 19:11

LazyPuppy because it said they would be able to do it.

OP posts:
CheetasOnFajitas · 15/11/2020 19:11

There is actually a difference between paying for insurance up to £100 and AnyVan limiting their liability to £100. Briefly, the insurance pays out upon proof that the item was damaged and it doesn’t matter who is liable. However AnyVan are legally liable to you for the full value of the mirror unless they expressly limited their liability to £100 and drew this to your attention. (NB you can’t get £200 plus the insurance though...) Do you have a link to the full terms and conditions?

Viviennemary · 15/11/2020 19:11

Sounds like a poor show all round. Inadequate packing. I think you are lucky to be getting the £100 compensation under the circumstsnces