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Parcel Damaged by Courier


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Hi All,

 

I'm here for some advice,

 

I recently purchased a bike frame from eBay and arranged for a courier to collect it, as it was a collection only item.

 

The parcel arrived on the specified date but the frame has suffered irreparable damage and is unusable.

 

The frame is no longer available so is not easily replaced without significant additional financial outlay on my part.

 

I purchased insurance cover and have been offered the following two settlement options:

 

1.) Approx. 70% of the purchase price and I keep the frame, or

2.) 100% of the purchase price and I hand the frame over to them.

 

I understand that under the CRA 2015 I'm entitled to a price reduction and can claim for consequential losses,

as the service was not carried out with reasonable care so I've counter-offered:

 

- full refund of the cost of the service paid for plus the additional insurance (£39.98 total)

- 100% of the purchase price, and

- I retain the frame

 

They've responded stating that the settlement offers above are all that is on the table and they will not consider refunding the cost of the service because:

 

"We did in fact collect the item on the day you specified and then delivered the following day as per our agreement.

 

So in this case we cannot refund the courier costs as we have fulfilled the contract agreed."

 

However, they clearly did not carry out that service with reasonable care.

 

 

My queries are:

1.) Are their settlement offers reasonable?

2.) Is my counter-offer reasonable?

3.) How should I proceed?

 

Thanks in advance.

Dan

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I think that if you retain the frame then you would probably need to give up the cost of the delivery.

 

What is the frame worth? This means, what would it cost to get a replacement?

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I think that if you retain the frame then you would probably need to give up the cost of the delivery.

 

What is the frame worth? This means, what would it cost to get a replacement?

 

I purchased the frame for £350 but as it's no longer available brand new, the current model would set me back £1495.

 

I'd accept losing the cost of delivery for retention of the frame, however, I'm concerned that if I go back to them with that they'll see it as me relenting and they'll stick to their original settlement offers, which I don't consider recompense me for the inconvenience this has and will cause me.

 

Thanks

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