Claiming under Section 75 for value of lost item by courier service ??

darren72

I purchased an item off someone on the internet, and personally arranged for a courier (Collectplus) to deliver the item to me. I paid £3.49 for the courier service, and although they offer compensation up to £50, the item in question is worth a lot more than this. (I should have paid for extra compensation, but obviously didn't expect to need it).

Unfortunately the item was scanned onto the van from where they collected it from, but hasn't made it back to their local depot, with no tracking information since last Thursday. They have checked around and been unable to so far locate the missing parcel.

As I paid for the courier service with credit card (although only £3.49), am I able to claim the full cost of the product lost under section 75 of the consumer credit act, or am I limited to the amount I actually paid them for their services - ie, £3.49 ? Does section 75 cover consequential loss, or the product value in this case ?

The item in question was collected from a consumer and I paid them directly for it, so unable to claim against the product only the courier service.

Any help/suggestions/guidance would be appreciated.

Thanks

dazza.mk

darren72 wrote: »

I purchased an item off someone on the internet, and personally arranged for a courier (Collectplus) to deliver the item to me. I paid £3.49 for the courier service, and although they offer compensation up to £50, the item in question is worth a lot more than this. (I should have paid for extra compensation, but obviously didn't expect to need it).

Unfortunately the item was scanned onto the van from where they collected it from, but hasn't made it back to their local depot, with no tracking information since last Thursday. They have checked around and been unable to so far locate the missing parcel.

As I paid for the courier service with credit card (although only £3.49), am I able to claim the full cost of the product lost under section 75 of the consumer credit act, or am I limited to the amount I actually paid them for their services - ie, £3.49 ? Does section 75 cover consequential loss, or the product value in this case ?

The item in question was collected from a consumer and I paid them directly for it, so unable to claim against the product only the courier service.

Any help/suggestions/guidance would be appreciated.

Thanks

Section 75 only covers purchases over £100 and, in this instance you purchased a delivery service worth £3.49.

Even if you 'could' claim it wouldn't cover the full loss of the item, as the terms and conditions only insured the delivery for £50 and this is what the credit card would have been liable for (if Collect+ wouldn't pay out)

Section 75 isn't a fallback for inappropriate insurance.

darren72

Thanks for your detailed reply - It is appreciated.

I thought that might be the answer, but was hoping there may have been a way around it.

Thanks

InsideInsurance

Even if you were able to claim off of Section 75 it only makes them jointly liable so if the contract limits compensation to 50 then the limit for claiming off either bank or courier is 50 unless you can show anything else untoward/ breach of contract in which case a higher limit would apply to both

darren72

InsideInsurance wrote: »

Even if you were able to claim off of Section 75 it only makes them jointly liable so if the contract limits compensation to 50 then the limit for claiming off either bank or courier is 50 unless you can show anything else untoward/ breach of contract in which case a higher limit would apply to both

Thank you for your reply, that is helpful - I will have a look and see. Surely the fact the package has gone missing between being collected on the van and being delivered to the depot shows that they have certainly not taken reasonable care with the item. - Which in itself is breach of contract.

(Just thinking aloud)..

dazza.mk

darren72 wrote: »

Thank you for your reply, that is helpful - I will have a look and see. Surely the fact the package has gone missing between being collected on the van and being delivered to the depot shows that they have certainly not taken reasonable care with the item. - Which in itself is breach of contract.

(Just thinking aloud)..

Just lost or damage doesn't cut it..... that's what the insurance is for.

ie:
A fragile parcel getting damaged by falling from a conveyor belt is different than you witnessing (and being able to prove) a number of staff were playing football with it.

dalesrider

darren72 wrote: »

As I paid for the courier service with credit card (although only £3.49), am I able to claim the full cost of the product lost under section 75 of the consumer credit act, or am I limited to the amount I actually paid them for their services - ie, £3.49 ? Does section 75 cover consequential loss, or the product value in this case ?

The item in question was collected from a consumer and I paid them directly for it, so unable to claim against the product only the courier service.

Any help/suggestions/guidance would be appreciated.

Thanks

Interesting to note not one of the replies asks the most important question.....

How much was the item you bought..... And who did you pay for it?

But even if it was over £100 & under £30K. I do not think you have a case under S75.

Reason being that if breech was just on the £3.49 service. Not that it was a case of being part payment of the goods.

Given that it was scanned onto the van and never made it to the depot. I would be expecting the company to give compensation.
You could also report to the police, as this could be a regular issue with the driver or company losing valuble items.

chanz4

It may of been put onto an unload belt and then placed on an incorrect run, doesnt mean its stolen