Law - non dellivery by a courier

[pfonseka]

Hi,

 

I order a bike collection from a courier. The bike wasn't dellivered but I only notice 15 days latter (because the delliver was to be in a friends home in UK)

 

The courier told me they lost the bike and they are looking for it. They also told me that I should made the claim until 7 days after the dellivery date.

 

They have this info on their terms and conditions.

 

Is this 7 days period to claim valid or the comon law override this terms?

 

Thanks, and sorry for my bad english.

[ericsbrother]

totally arbitrary time limit. The law allows 6 years after an event to make a claim but I wouldnt think that a court would be happy if you left it until them before saying something hadnt been delivered.

In short, they are in the wrong but you will need to use their own complaints procedures first and follow them very carefully and still give them another opportunity to sort matters out otherwise you do not stand a chance of winning a court claim.

[rebel11]

Hi pfonseka

 

Welcome to CAG

 

Is the name of the Courier Yodel?

[pfonseka]

Hi rebel11, no the courier is sot that. I've used this courier many times and never had a problem. That's another reason why I was not worried before.

 

I will wait and try to solve this with the courier. I was surprised that they have a 7 days limit to the sender make a claim for a non dellivery...

This courier allways use a famous transportation company to make their collections. The consigment note was signed and has the brand of that big company.

Has I have this consigment note from the transportantion company, can I ask them responsabilities or I only can do it with the company/courier I've made the order?

[renegadeimp]

Follow the couriers complaints procedure. Then come back. The timeframes they state mean nothing. The 7 days thing is possibly so they can try and locate the bike.

[pfonseka]

Follow the couriers complaints procedure. Then come back. The timeframes they state mean nothing. The 7 days thing is possibly so they can try and locate the bike.

 

I've contacted them and they are trying to find the bike.

I'm just making "my home work" thinking in the possibility of they don't find it.

As I'm in Portugal I think i won't be easy to solve this if they don't find it... but at leat I got to try.

[renegadeimp]

If they dont find it. Then you sue them for cost of bike and any legal costs you incur.

[ploddertom]

Where did you purchase the bike from?

[pfonseka]

Where did you purchase the bike from?

Hi, I bought the bike on ebay, and order the collection to a courier. The seller shipped the bike (he has the conigment note signed by the courier)

 

At this momment the courier asked me for the ebay invoive... but the bike its a collectable/antique bike and worth much more than I've payed. Recently I've bought some equal parts from ebay (I've invoices) and I've payed much more than I've payed for this bike.

[steampowered]

It would be helpful if you can reveal the name of the courier company, or even better link us to their terms and conditions. A lot of it depends on the exact wording of the T&Cs, the details are very important.

 

Your contract will be with the courier company rather than the transportation company, so I think you should deal with the courier.

 

Legally, you would be entitled to the value of the item, even if it is more than what you paid. However, it could be very difficult to prove that the bike is worth more than what you paid.

[pfonseka]

Hi,

 

I got to say that the courier is trying to solve the problem and they told me that they will activate the insurance. I don't have permition to add links to my posts, so I leave here the courier name paisleyfreight .com/terms.php

 

The bicycle price it's not easy to know because it's a vintage/unique bicycle. But in the last months I've bought many used parts equal to the ones on the bike (lights, handle bar, saddle, gears, ...), and this parts alone have more value that the value I've payed for the all bike.

 

By now I'm trying to solve this case with the courier.

 

Thanks for your help

[pfonseka]

Hi again,

 

The courier activate an insurance claim and want to pay me 80£ (the invoice value that I've payed for the bike)

I've spent more than that on equal parts that the bike had (I have invoices from this year)

Some examples:

£ 50 - Joseph Lucas Dynamo / Lamp Set

£ 22 - BSA 3 speed Dynohub

£ 26 - BSA gear changer

£ 24 - Sunbeam chain case

£ 15.49 - Sunbeam Handle Bar (without grips)

...

What can I do to claimfor a higher value?

Thanks

[citizenB]

If you have the invoices, to prove the extra spend, then that is what you should be asking the courier company to reimburse you .. Do not let the original documents out of your possession. Copy them and email/post them to whomever is dealing with your claim and confirm this is what you want them to repay you.

 

I will also ask others to look in on you with further advice.

[pfonseka]

That invoices are to show the real value of the bike, I bought those parts to other equal bike.

the 80 I have payed for the bike at the auction were a bargain

Edited November 10, 2014 by pfonseka

[citizenB]

Hi,

 

I have been advised that is most likely you will only be able to base your claim on the Ebay value.

[slick132]

Hi Pfonseka,

 

Because you never received the bike, you had no chance to have an expert examine it and give a value.

 

The value of similar individual parts do not necessarily indicate the value of a complete bike.

 

Accordingly, the only accurate guide to the bike's value is what you paid to buy it in a public auction on ebay.

 

[steampowered]

To be honest I think it will be very difficult to try and argue that the bike had a higher value than what you paid for it. We have no way of knowing what condition the individual parts were in. The only way you might get away with it is if you would need to pay more than the £80 to buy a similar bike.

 

They are also protected by their T&Cs on this which state they are not liable for any 'loss of profit' - this is a very common exclusion. The most you can ask for is the cost of purchasing a replacement bike because you can't claim for any profit you would have made on splitting it up and selling the parts.

 

 

They might cough up if you filed a small claim against them, but I don't think that is realistic if you are in Portugal.