Advice please regarding courier delivering goods damaged - next course of action.

[lspeakman]

Good Afternoon
Can you help?
Had some goods delivered by a courier to be advised they were received damaged! - i refunded the end user the full amount plus the cost of the original delivery.
We have followed the couriers complaint procedure, sent photographs, original bill payment and even paid for them being collected in a damaged state of repair.
It has now come to a standstill. and want to send a letter of notice of intention to issue court proceedings.
Under which act is it best to issue the proceedings and what exactly can i sue them for.??
All transport costs, cost of goods sold, repair charges, inconvenience.
Any advise would be appreciated, send private message if required.
Thanks.

[des8]

Re: Advice please regarding courier delivering goods damaged - next course of action.

Hi
It will entirely depend on your contract with them as to what you can claim. Can you pot up the carrier's name so we can see their T7Cs on line?
It will probably also be dependent on what you sent and how it was packaged.
How long is it since you have had any communication from the carriers and when you say "it has come to a standstill" do you mean they are declining liability or are just not talking to you?

[lspeakman]

Re: Advice please regarding courier delivering goods damaged - next course of action.

Hi
It will entirely depend on your contract with them as to what you can claim. Can you pot up the carrier's name so we can see their T7Cs on line?
It will probably also be dependent on what you sent and how it was packaged.
How long is it since you have had any communication from the carriers and when you say "it has come to a standstill" do you mean they are declining liability or are just not talking to you?

Hi
Parcels2go,
We have been sent photos of how the goods arrived, also the packaging which was very secure....they basically dropped the goods and cracked the bottom of the casing ......(parts of an engine) ...which are now deemed not fit for the purpose.

[des8]

Re: Advice please regarding courier delivering goods damaged - next course of action.

Assuming that Parcels2go were the carriers their liability is limited to £50 (or the value of the goods if less than £50), unless you took out extra cover.
You can only claim for the value of the goods, all other losses are contractually excluded.

I note your description ".they basically dropped the goods and cracked the bottom of the casing ......(parts of an engine)".
How did you describe the goods when you arranged the carriage? I only ask because their prohibited list includes "engines"

You say you followed their complaints procedure?
Did you also follow their claims procedure(see below)?
8. Claims and Refunds8.1 We shall not be liable to you under any circumstances for any loss or damage unless you notify us either via our website OR by written notice to The Cube, Coe Street, Bolton, BL3 6BU within:(a) 14 days of delivery of the Consignment in the case of damage to all or part of a Consignment or loss of part of a Consignment;(b) and in all other cases (including, but not limited to, loss of the whole of a Consignment) within 28 days from when the Consignment was collected or received by us.Making a Claim8.2 The procedure for applying for a claim for loss, damage, part damage or refund (“Claim”) is as follows:-(a) Log into the “My Account” section on our Website.(b) In the “Submit a New Claim” section please click “Create Claim”.(c) Fill in the details as indicated.(d) Click “Submit”.8.3 Once your Claim has been submitted to us we will review it before deciding whether we are able to make an offer to settle your Claim.8.4 You will be notified of our decision of whether we are able to settle your Claim or what offer we are prepared to make (“Our Offer”) in the “Your Claims” section on the “My Orders” page of “My Account”. Accepting Our Offer8.5 The procedure for accepting Our Offer is as follows:-(a) Log into “My Account”.(b) Click “Accept Offer”.(c) Choose one of the 3 payment options.(d) Insert the account details for the account you wish Our Offer to be paid into. It is your responsibility to provide the correct account details into the boxes provided. Please note that we will not be liable for any incorrect details which are provided by you. For the avoidance of doubt we will not be obliged to make any further payments to you in the event that you have provided incorrect account details. Furthermore we are not obliged to reverse any payments we may make to incorrect accounts as a result of you providing incorrect details.