Duty of Care?

ryouga

I have heard of this a few times but would like some more info.

I sent a high priced itemn(about £800) by courier and the item arrives smashed to pieces, I paid about £75 to insure for the full amount and was told over the phone that the item is covered.

It arrived damaged so I had to go through the claims department, they had it in their possession for 3 weeks as they kept "losing" track of where it was.

Eventually they said my claim was rejected due to the packaging not being strong enough despite being the original packaging and box, and when the item was returned to me it was completly destroyed, smashed to pieces and looked as if someone had taken a saw to it and dropped it from a height of many floors.

I am getting legal advice and thinking of contacting higher up as I have photographic proof of item before it was sent and before it was packaged, it packaged before it was sent, box unopened when arrived(box was damage free btw) and the contents damaged, when I repackaged but left box open, then resealed, when it arrived back 2nd time with a dented broken box, and smashed to pieces contents.

Anyway the supervisor is ringing me back tommorrow so I want to know details on duty of care to quote to them.

ABH_3

ryouga wrote: »

I have heard of this a few times but would like some more info.

I sent a high priced itemn(about £800) by courier and the item arrives smashed to pieces, I paid about £75 to insure for the full amount and was told over the phone that the item is covered.

Oh good.

It arrived damaged

Thank heavens for insurance!

so I had to go through the claims department, they had it in their possession for 3 weeks as they kept "losing" track of where it was.

Good job it was insured, otherwise I imagine you would have been worried.

Eventually they said my claim was rejected due to the packaging not being strong enough despite being the original packaging and box, and when the item was returned to me it was completly destroyed, smashed to pieces and looked as if someone had taken a saw to it and dropped it from a height of many floors.

I am getting legal advice and thinking of contacting higher up

Good idea and obviously quite sensible.

as I have photographic proof of item before it was sent and before it was packaged, it packaged before it was sent, box unopened when arrived(box was damage free btw) and the contents damaged, when I repackaged but left box open, then resealed, when it arrived back 2nd time with a dented broken box, and smashed to pieces contents.

The above doesn't make any sense.

Any chance you can take a look at it again, read through it carefully and imagine we don't understand what you're trying to say, maybe number your points 1.2.3.4. etc

Anyway the supervisor is ringing me back tommorrow so I want to know details on duty of care to quote to them.

It's quite simply what you would expect, to reasonably take care of your item which you passed to them to deliver, they would have offered the 'duty of care' as an incentive to selling their services, but would have required a premium to meet their insurers requirements.

Your job during the phone call is to collect 'evidence' for your Solicitor, write down what they say, what are their arguments as to why they shouldn't pay out on their insurance and whatever else they say.

The duty of care is as anyone ie: YOU would expect as if you had been provided the job of delivering a parcel to another recipient and had collected a premium to cover yourself in case of a situation arising that could not be accounted for.

HTH

ryouga

ABH wrote: »

Any chance you can take a look at it again, read through it carefully and imagine we don't understand what you're trying to say, maybe number your points 1.2.3.4. etc

Yeah thought it would be hard to understand.

In simpler terms I took photos of each step, before packaging, packaged and when recieved and when checked. just to prove condition it was when sent and recieved and before it was opened(so they cant say I damaged box and resealed it etc)