Courier damaged my mirror and offering £100 comp to settle

[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. Also. LA 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 me a proper refund? What would you do? Anyone know anything about consumer protection law in cases like these? Basically, this leaves me £167 pounds down, unable to repair or replace the mirror through no fault of my own.

You bought the wrong cover it is down to you.

No, it isn't down to the OP.

The problem is that AnyVan is just an agent. The OP's contract is with the van driver. She cannot take action against AnyVan for the damage so the £100 they have offered is all she is likely to get from them.

It sounds like the van driver has not taken reasonable care. He is therefore liable for the cost of repairing the damage to the mirror or, if that is not possible, the cost of a replacement. If he refuses to pay up the OP can make a claim against him.

@prh47bridge

No, it isn't down to the OP.

The problem is that AnyVan is just an agent. The OP's contract is with the van driver. She cannot take action against AnyVan for the damage so the £100 they have offered is all she is likely to get from them.

It sounds like the van driver has not taken reasonable care. He is therefore liable for the cost of repairing the damage to the mirror or, if that is not possible, the cost of a replacement. If he refuses to pay up the OP can make a claim against him.

I'm not sure how you can prove that the driver has been unreasonable though. She is the sender in this case and has failed to make the item safe for delivery, and has placed the responsibility on the driver for packaging the item for transit without a discussion on what that would entail. For all we know he may have secured it to the best of his ability while in the van but it wasn't enough to protect an unpacked fragile item.

You asked this the other day. Starting a new thread isn't going to make new options available to you. You purchased inadequate cover that didn't reflect the value of the item.

www.mumsnet.com/Talk/am_i_being_unreasonable/a4080366-AIBU-to-think-100-comp-is-not-enough-after-courier-damaged-my-mirror?msgid=101787312#101787312

Multiple threads not needed.

I'm not sure how you can prove that the driver has been unreasonable though

The question is whether he has used reasonable skill and care. The OP can get an independent expert to look at the mirror and give an opinion as to whether the driver has done so or not.

She is the sender in this case and has failed to make the item safe for delivery, and has placed the responsibility on the driver for packaging the item for transit without a discussion on what that would entail

Having checked AnyVan's terms and conditions, they require the customer to ensure that the goods are suitably packed or pay an additional cost for a packing service. The driver may argue that the goods were not suitably packed. However, he may have waived that term of the contract by accepting the unpacked mirror. He should have refused to take it.

There was a similar case in the Sunday times money section a few weeks ago. The conclusion there was that the customer did not take out sufficient insurance so the loss fell to them. Obviously your facts and circumstances may differ.