Damaged goods

[Rks2020]

Hi,

Looking for some guidance please.

I have used small claims courts before but in this case I'm not sure what to do.
I recently purchased a fireplace on Gumtree and eventually managed to get a courier via Shiply to pick it.
Problem being that the item was damaged whilst loading.
The seller claimed that the courier broke it but never produced any evidence of photos video footage as was claimed he had but never produced them and now has been ignoring my messages.
The courier claims the seller got stuck on the step of the van and that's when it broke.
The courier also claims the seller forced him to take the broken item and was very vocal to him.
The courier sent me image of broken item that they left the item in the sellers driveway.

So whom do I have a claim against if any?
The courier has said they are willing to provide statement to the court and attend if required.

Thanks

[echat11]

What do the Couriers Terms and Conditions state?

What were they hired to do? pick up and transport or just transport?

If it was pick up and transport then there should have been more then one person doing that.

How did you pay the Courier?

Was it agreed that the seller would help the Courier? did this just happen on the day?

What description was given to the Courier of the item to be collected?

Could the fire place have been damaged before you bought it?

[Rks2020]

Hi,
It courier was to pick up and transport it with the help of the seller.
The courier is saying the seller lost his footing on the step of the van and thus broke the fireplace.

The seller when he initially was corresponding with me lay the fault on the courier saying the item was not laid flat in the van and thus it broke. The seller also said he had all the evidence and was going to send me a statement with witnesses but he never did, he just stopped talking to me.
It seems odd the seller was also offering me a replacement of different type of fireplace, but I declined as it was too big.

The courier has sent me image of damaged fireplace he left at the driveway of premises and confirmedhe would be willing to attend court, provide statement.

The only thing is making me think the fireplace must have been in one piece is that they were trying to load it onto the van.

Thanks

[Rks2020]

I used Shiply who do not offer any insurance but is only a platform where couriers bid on the jobs.
This is all I have from courier:

Ground to ground floor service - If any floors need to be tackled, let us know to adjust our price.
*Insurance included for packaged items - We strongly recommend your goods are packed for safer transportation. If you cannot arrange packing with your seller, we can offer packing service at add cost.
*We transport unpacked items as well, but please be aware that our insurance does not cover any damages that occur during transportation.
*You can pay cash, via BACS or via PayPal - we try to be flexible for every customer!

[Pezza54]

I am suspicious of the courier.
He has said the seller was vocal and forced him to take away the broken item.
Then he said he took a photo of the damaged fireplace left at the seller's driveway
Which was it?
If the courier asked the seller to help him load the fireplace on the van he can't then blame the seller if the seller trips.
Unfortunately the courier's terms and conditions state that transportation insurance does not cover unpacked items.
I assume as it was bought on gumtree the fireplace was not packaged
If the courier didn't deliver the broken fireplace he is at fault as he has not completed the contract. How is he to know you wouldn't be able to repair it

[echat11]

Is the Seller a Trader?

How did you pay for the fireplace? Debit Card / Credit Card?

[Rks2020]

Hi,

I paid the seller via bank transfer, the seller appears to be trading as I have seen numerous fireplaces on Gumtree he said he purchased in a job lot, not sure if that makes him a trader though?

The courier said they didn't deliver the item as it was broken, the courier only gets paid one they deliver the item, all I paid was Shiply the £10 deposit which they refunded.
I lost 195 from seller.
But I don't understand the seller who now is not communicating, he was quite adamant he was going to supply me with all evidence.