legal advice needed............hard top

[BILLY N/A]

hi guys
dont know if this is anyones speciel subject but
i purchased an excellent condition hard top from a private buyer
trouble started when i paid a courier to collect it for me
in brief
1.roof arrived damaged in transit (broken pieces in packaging)
2.claimed from courriers insurance
3.they were only coverd to pay #1300 per tonne
as the roof ways 20kg they will pay #26
4.courrier has now gone very quiet !
my qestion is does anyone know what options are open to me to get some type of compensation?

For anyone thinking of purchasing a roof GO AND FETCH IT !
i am led to believe this wieght related insurance cover is quiet common for couriers
thanks

[scott64]

Sorry to hear that, a real bugger. However if you organised collection with Courier the contract is between you and the courier. Where it will get messy is the courier no doubt collected unchecked so they will say, "sorry but it must have been damaged when we collected it." You would find it hard to prove otherwise unless it was seen by you or courier being packed and loaded. Also I think when you fill in form there is a box for additional insurence.
Good Luck

[S Works]

Get down the citizens advice bureau and see what they say. Also talk to the seller and see if you can get him/her to write you a sworn statement that when it was despatched it was in tiptop shape and goods were as described... maybe that will help? Courier firm will be hard pressed to say you're in league to defraud them.

Also, did you know the full terms and conditions of the insurance before you arranged the courier? If not you could perhaps argue that this contract was forced upon you without knowing the full terms.

If it's a very well known courier company I'd start talking to some senior people in customer services about goodwill and bad press... good luck.

>> Edited by S Works on Saturday 22 January 10:02

[BILLY N/A]

Thanks guys
extra info
at the begining of the claim the carrier firm were happy to use their insurance to settle the claim as they believed they were covered ,this was before the weight issue was raised ....by the insurance company
is this a bit of an admission that they believed they were at fault???maybe??

[nightmare]

yes - this is definitely an admission of fault. They cannot accept responsibility for the damage (which they have if they initially offered to claim it) but then back out as their insurance isn't up to the task - their mistake and they have to pay you for a replacement would be my view.....

[BILLY N/A]

cheers nightmare lets hope you are right

[shirepro]

Happened to me a few years ago when I had a monster circular bath made and collected from Swansea. Arrvived scratched (courier actually delivered it by rolling it down the drive). Refused delivery. ANC parcels declined to pay up with that weight ratio thing. Told depot manager I would see him the small claims court. Paid up instantly, minus VAT as it hadn't technicaly been delivered and used.