Small claims court?
Small claims court?
Author
Discussion

Dr Murdoch

Original Poster:

3,906 posts

159 months

Monday 11th November 2024
quotequote all
Not sure if this should be here or in the homes thread but anyway....

I mistakenly ordered 2 x gas meter cover for my house, I only needed one. I therefore returned the additional one to the vender without opening the cardboard box, the packaging tape was not cut or tampered with in anyway (as I didn't need to see what it looked like, as I had one already....).

The vender has just contacted me and said that the item was damaged in transit and that I should claim from them (Royal Mail). However, the pictures provided do not show any damage to the cardboard box). On that basis, (1) I can't see how a solid plastic box could have been split (see pic below) and 2. how to know when it was damaged, I assume that due to the lack of damage to the packaging then the box my have left the vender damaged?



It was only £50 but I'm happy to take it further on principal. Is the small claims court the next step?

Mr Overheads

2,595 posts

200 months

Monday 11th November 2024
quotequote all
Who paid for the return postage? i.e. who has the contract with Royal Mail to get the parcel from you to the vendor?

Dr Murdoch

Original Poster:

3,906 posts

159 months

Monday 11th November 2024
quotequote all
Yup that was at my expense.

skyebear

1,114 posts

30 months

Tuesday 12th November 2024
quotequote all
You probably need to show the court you've taken reasonable steps to sort things before lodging a claim. That will likely include claiming on the postage insurance, assuming you had the appropriate level.

LooneyTunes

9,061 posts

182 months

Tuesday 12th November 2024
quotequote all
You have three possible parties to claim against:

1) The vendor for possibly having shipped a damaged item (suggested by the undamaged box); or
2) Whoever shipped the item from the vendor to you (for possibly damaging it in transit); or
3) Royal Mail for possibly having damaged it when it was being returned (but you can’t reasonably claim or evidence that it was indeed undamaged when you sent it).

I would be astonished if a court made an award against any of those.

Save your time and money, chalk it up to experience, and check goods when you receive them…

twokcc

1,007 posts

201 months

Tuesday 12th November 2024
quotequote all
Or just tell your credit card co(if used) with evidence worked well for me in past even if less than £100

LooneyTunes

9,061 posts

182 months

Tuesday 12th November 2024
quotequote all
twokcc said:
Or just tell your credit card co(if used) with evidence worked well for me in past even if less than £100
His problem is that he has no evidence whatsoever regarding who damaged it or when. The CC company has no liability if, for example, Royal Mail damaged it when it was being returned.