Large parcel delivery

  • Thread starter Thread starter M0T
  • Start date Start date

M0T

M0T

M0T

Soldato
Joined
23 Aug 2003
Posts
4,582
Location
House
I had a bed delivered today from a guy off ebay, but the mugs at TNT managed to wreck it so I need to send it back the only problem being the packages are very large:

3x Parcels1900mm x250x250mm - 7KG each
1x Parcel 2100mmx660x80mm – 17KG


And are too long for most couriers, and the ones that will do it wasnt £150+. Although I will get a refund for the shipping (eventually) I can't afford to pay out £150 at this time, so does anyone know anyone I can use to send it back (parcel2go won't take it)
 
yeah I would have refused to accept it, then they return to seller for you. You could hire a van and drive back yourself for cheaper than £150 as long as it is in the UK
 
The packages did not look damaged, it seems that something heavy was dropped on them and snapped a few bits.
 
The person that sold me the goods has now told me I have to pay for their return at a cost of £59, however I was under the impression that he has to pay. Who is right?
 
technically you should pay the postage, and then when he inspects the goods and acknowledges them as broken then he should refund you and take it up with the delivery company himself.
 
Well I have replied to him stating that I thought he should refund me and take it up with his courier. According to the CAB website it is his responsibility regardless of being signed for.

The damage that occured is a result of poor handling from the courier coupled with not being packaged correctly (only a layer of corrigated card on the ends where the damage occured)
 
Yep, his responsibility, its like you buy something off a reputable company, and its broke, they send a courier to come get it and then inspect/send a new one.

Why is this any different?
 
Well I have nosed around and it seems I am covered under the distance selling regulations as:
He is a business
The auction was buy it now (normal auctions are not covered)
The seller can only charge the buyer return postage if the goods are not faulty
Signing for delivery doesn't absolve responsibility if the goods are damaged
 
Saying you have signed for the goods. And no doubt as checked the poor seller will unlikely be able to claim from the Currier.
 
sven256 said:
Saying you have signed for the goods. And no doubt as checked the poor seller will unlikely be able to claim from the Currier.
Click to expand...

Apparently it makes no difference, from what I have been reading this only covers where goods could be reasonably expected to be checked. Just because the courier tells people they cant claim doesn't mean that they can't.
 
I have had one rejected in the past due to someone signing for it. Although i did not lose out as i was not going to pay if they had signed as checked.
Easiest thing to do is always sign as unchecked.
 
sven256 said:
I have had one rejected in the past due to someone signing for it. Although i did not lose out as i was not going to pay if they had signed as checked.
Easiest thing to do is always sign as unchecked.
Click to expand...

Signing as unchecked doesn't mean anything either :p
 
sven256 said:
And what would that do if they good from the Currier have been signed for as checked?
Click to expand...

Signing for a parcel does not signify anything other than that the goods have been received, not that they are of satisfactory quality. After this SOGA Section 20 clause 4 comes into play which states:

In a case where the buyer deals as consumer or, in Scotland, where there is a consumer contract in which the buyer is a consumer, subsections (1) to (3) above must be ignored and the goods remain at the seller’s risk until they are delivered to the consumer.

In which case the small claims court has to decide whether the goods were damaged before or after they were received by the buyer. Apparently the onus is on the seller to prove the damage occured after receiving the goods, not on the buyer to prove it didn't.
 
I'm not saying who is in the right or wrong out of you the buyer or the seller. As we know the Currier is in the wrong. here is a copy and paste from a rejected claim i made.

Thank you for your claim for . The status of your claim (id number *** and order number *********) has changed. We have investigated your claim fully and unfortunately we are unable to pay the amount claimed. This was due to the goods being signed for as received in good condition therefore any damage inside the parcel must be due to inadequate packaging. We apologise for the inconvenience this has caused and we hope that you will continue to use our service. As the status of your claim changes, we will email you and keep you fully informed of progress.


I don't know if the law has changed since then.
 
You must log in or register to reply here.
Back
Top Bottom