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

[Elizabella]

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?

You’re bound by the terms and conditions you agreed to unless you can make an argument that the clause in question is so unreasonable as to be unenforceable. I don’t think it’s likely that would work in this case but might be worth a try.

You do not have a leg to stand on. It's like only having third party car insurance then wanting to claim against it because someone stole your car after you left it unlocked with the keys in it. Yes, the thief shouldn't have taken it but you should have taken reasonable steps to make sure this wouldn't happen or bought appropriate insurance in case it did. You knew the mirror wasn't adequately packaged for transport and you opted for the cheapest, most basic insurance. You really would be embarrassing yourself to kick up a stink about this.

I get that I was naive/should have taken higher insurance but the guy didn't take care of the item and what I would lie to know is if I accept the £100, what can I say to ask for a refund of the transportation costs?How should I phrase it?

I contracted a service that wasn't given as described i.e. with reasonable care which is consumer protection law

@Nicknacky

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

Just wondering the same. And why would they refund the transport costs when they fulfilled the service they were contracted for?

Just seems so risky for a £200 item.

If the item was £200 then of xourse you should have taken out the extra insurance to cover cost of item.

You won't the transportation costs back, you get £100 and thats it as that is what your contract is for

@MuttsNutts

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

Absolutely this.

Did they guarantee that they would package the mirror expertly and specific to the delicateness of it? Or did they say they would package it for transport? With such a valuable item you should have booked a company that specialises in this sort of thing. I guess the seller didn't package it so that they could prove it was in good condition upon collection. I don't know why you are so desperate to claim the transport costs back when it is quite obvious that you failed to take out the necessary cover or book a specialist company to deliver it.

YABU - just let it go.

I ship stuff regularly because of my location. Basic insurance is always very limited, I always pay the extra, it's a pain, but if the item is worth more than the insurance, then it's daft not to. I'm not sure it's relevant that they didn't do as asked, as the outcome was that the item was damaged and that's what the insurance is for.

The driver isn’t responsible for packaging your mirror.

It should of been adequately packaged for the driver.

You didn’t take out the correct level of insurance either.

Take the £100.

@Elizabella

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

However professional the driver was or was not there was always a risk that a mishap could occur. For example a third party could have collided with the delivery van or the driver might have tripped and fallen over a pavement obstruction. YABU.

I’ve looked at the AnyVan website and as far as I can see all bookings come with insurance cover of up to £50k. Can you link to the specific service you used and the actual terms and conditions they sent you?

CheetasOnFajitas Thank you for your helpful response This is the link for the compensation www.anyvan.com/insurance-policy

Cross post!

CheetasOnFajitas -shall I send them to you privately?

That’s the terms on the insurance policy. What I need in addition to that is the terms and conditions of the contract (ie the document that they quoted from in their response) and the policy schedule sent to you that specified the limits of insurance cover that you bought. DM me if you like.

Yup. I’m about to eat but will take a look for you later this eve.

I work for a courier company.

I'm impressed they're paying the £100, to be honest. Most goods in transit insurance policies would have turned you down because of insufficient packaging, and because the item is a mirror and glass is rarely insurable.

Also if you don't pay the cost of transit, you've technically not paid for the insurance cover, which you're demanding they pay out on too.

I should say I don't work for AnyVan!

Sadly. Your tied to the contract

If Royal Mail ask how much the package is worth and you say £200. They’d tell you you need more than the basic insurance. Which is £50.

Your mirror was worth )200. You needed to insure for £200. Consumer law won’t trump that. Because you paid for it through a third seller.

Consumer law however WOULD protect you. Had you brought it through Laura Ashley.

Your only option is to refuse the compensation and take them to small claims to get all your money and expenses back.
I've had this recently, removal company broke £1300 of my stuff through carelessness and their insurance has so many clauses I'd end up with £700. Then they demand you sign a full and final agreement clause which means you can't take it any further i.e go to small claims for the rest.
I'd go to small claims, it doesn't cost that much to put a claim in.

And give the company a shit review for wasting your time and money.

CheetasOnFajitas just going through my email now looking for it but this is the email they sent:

Upon receipt of your claim, AnyVan have launched a full investigation and reviewed all evidence that has been provided by yourself and the transport providers. We have also corresponded with the Transport Providers allocated to your booking and our Transport Team to ensure that all relevant information pertaining to your claim is in our possession.

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.

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;

Has the op actually for any grounds for going to small claims court if she didn’t take out the adequate insurance they offer?

Why would anyone bother to take the insurance if they could just later take it to small claims?