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What compensation could I ask for for this complaint?

saxick
saxick Posts: 1 Newbie
edited 12 September 2012 at 3:14PM in Consumer rights
Hi,

I ordered a parcel with a big well known online retailer and their courier has left the parcel basically on the street, exposed to the elements all day where it was a miracle it wasn't stolen.

The package has got to me, I think unscathed (it was a second hand rare book, so the condition is a little bit questionable)

I have written and complained, but the courier has just offered me an apology and 'hopes to show me better service if I choose to use them again'

Is there anything that you think I could ask for in terms of compensation or maybe an offer of goodwill on their part?

Not sure how to take the conversation with them from here...

Thank you
:)
«1

Comments

  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Compensation for what exactly?
  • What do you want compensating for exactly. It sounds like despite their error you received your package & the contents were not damaged. I think in this situation an apology is sufficient.
    If my posts have random wrong words, please blame the damn autocorrect not me :D
  • You have your goods and you have had an apology. You have no need to take "the conversation" any further.
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    In order to have some sort of claim against them, you would have to show you suffered a consequential loss (if the value of the book was lessened due to additional damage) or that they had breached contract (ie if you contracted them for signed for delivery service and they failed to do so).

    First things first, find out if there has been any damage to the book. Ask the seller if they have any documentation/pictures detailing the condition of the book. If not, take pictures and ask them to verify if the book is the same condition as it was sent.

    If the seller contracted the courier company then i'm afraid it is the seller who would have to claim from the courier company (if there is indeed a claim) as the courier company have no contractual obligation to you.

    If you have suffered no loss then ultimately, you are not entitled to recompense.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • wealdroam
    wealdroam Posts: 19,180 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    OP, what has the "big well known online retailer" got to say about this?

    After all, it was them that employed the courier.
  • Firstly, you dont have a contract with the delivery company as presumably the "big well known online retailer" is the one that arranged the courier and paid them (even if you paid the retailer to do so).

    Any claim you do have for the damage to the book would be against the retailer who in turn would make a claim against the delivery company to recover their losses subject to it being appropriately packaged, marked up as fragile etc.

    Secondly, what "big well known online retailer" actually sell rare secondhand books? Are you sure you didnt buy it via a market place (eg Amazon, eBay etc) and thus the actual retailer is a small company or even a private individual?

    For you to have a claim against the retailer then you'd need to show loss, ie that the book wasnt in the advertised state, but saying that, you may well have distance selling regulations rights to return it anyway subject to the above irrespective of if it was damaged in transit or not.
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    saxick wrote: »
    Is there anything that you think I could ask for in terms of compensation
    Yes, you can expect to be put back in the situation you were in before this happened. So if there is damage then expect them to repair the damage or to be able to return the book at no cost to yourself.
    If there is no damage then you are already in the situation you were in before it happened, so nothing to be compensated for.
    or maybe an offer of goodwill on their part?
    Would be nice. Often worth a try.
    Sounds like in this case you have tried and they have refused. Not sure what else you can do.
  • mttylad
    mttylad Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I think that the compensation that should be asked for is a custard doughnut.


    But then i'm hungry so maybe I am biased.
  • DevCoder
    DevCoder Posts: 3,362 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    mttylad wrote: »
    I think that the compensation that should be asked for is a custard doughnut.


    But then i'm hungry so maybe I am biased.

    :D I meet your custard doughnut and raise you a vanilla slice.
  • T_T_2
    T_T_2 Posts: 880 Forumite
    I think this question is just baiting you. Nobody could be that pathetic to expect compensation in these circumstances. It's just some bloke with too much time on his hands.
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