Item damaged by courier

[michkub]

3-4 weeks ago I sold an integrated amplifier (Bang & Olufsen Beomaster 6500) in a perfect working/cosmetic condition via ebay (130 pounds). Unfortunately it was damaged in transit as those guys from Hermes probably decided to play basketball with my item at their depot.

 

"Very sad to say it looks like it has been thrown around in transit. The top of the case is loose on the right hand side, and the 'gap' between the lower chromed panel and the top panel (on the front) has a 2mm gap at the left and a 6mm gap at the right. Additionally one of the side corners is bent as though it has been several times dropped. Sadly, it doesn't even power up to test!!! So the bump must have dislodged something" (from buyer's description)

 

So this is what happened to my amp regardless of the fact that it was wrapped up in a ridiculous amount of bubble foil, placed in a sturdy box covered with some other extra layers of protective foil inside and here was FRAGILE sign on the cover indicating sensible and wary carrying. I ended up losing 130 +13 (p&p costs) =143 pounds as I had to provide my buyer with a full refund (via paypal).

 

Obviously I submitted a claim through Hermes site (I had insured my item for 100 pounds while placing an order) and obviously it was rejected by them because "the contents of the parcel(in my case integrated amplifier) are excluded from compensation for damage"

 

Now I've just found the following words of wisdom:

 

"no matter what their terms may say a carrier cannot disclaim liability for loss or damage which occurs as a result of the carrier failing to exercise due care in carrying out the contract. The consumer has a right to expect reasonable care to be taken, only if that care is taken and the item is lost or damaged despite that, the carrier's terms can stand."

 

So perhaps someone can help and give me an advice if I have a good grounding to fight back with Hermes? And if so is Small Claims the only possible way to do it?

 

Thank you in advance, Michal

[JoeyJoeC]

Hold on... What the heck is the insurance for if it doesn't cover the contents? Need to look at the t&c's here.

[aburobert]

With most of these cheap courier companies any damage in transit is denied as their responsibility. Most of their 'terms and conditions' would mean almost nothing is covered by the insurance they offer in any case. They do have a duty of care as soon as they accept your money for the transit of any item and unless they can prove you have been incompetent in your packing they are liable for the damage they cause.

 

Personally I would send them a 'letter before action' threatening the Small Claims court unless they take steps to recompense you for the damage done to your item whilst it was in their care. But only do this if you intend to carry through with your threat. You will find they will use every trick in the book to avoid any responsibility but if you stick to your guns you will win in the end. I would also claim the full value of your item (presumably you can prove this with eBay documentation etc.) plus the shipping costs you paid as they failed in the service they were supposed to provide.

[silverfox1961]

Hi and welcome to CAG

 

I heartily agree with aburobert. A letter Before Action is the way to go but ONLY if you fully intend on taking court action.

 

The reason companies like this get away with this is because people assume they must be right as they are a reputable company. Others will threaten court action then fold because it looks very hard. Both these assumptions are wrong.

 

The small claims track (which yours would be) is purposely designed for people with little legal knowledge.

 

What I have seen is that when a company sees you are serious, they settle before court. It doesn't matter what the insurance cover was for, you go for the full amount of loss including postage and any other costs associated with the claim.

[michkub]

Thank you for your responses.