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Damage Court Claim - New for old, or repair?
gibsongaz
Posts: 15 Forumite
I am currently gearing up to go to court over a damaged item sent through a courier (long story, but refused to pay out on enhanced insurance).
My question is, do I claim for the repair costs or for a full replacement cost? The item has depreciated due to the damage so would obviously like this reflected, but its seems one or the other. It's yet to be repaired, but have the quotes. Also happy to surrended the item back to the courier if I were successful on my claim.
Thanks
My question is, do I claim for the repair costs or for a full replacement cost? The item has depreciated due to the damage so would obviously like this reflected, but its seems one or the other. It's yet to be repaired, but have the quotes. Also happy to surrended the item back to the courier if I were successful on my claim.
Thanks
0
Comments
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Assuming you are claiming under a common law duty of care then you should be mitigating your losses and claiming for the lowest value method of resolution.
Just because something has been repaired doesnt automatically depreciate the value of the item. Depending on the monies involved you'd most likely need expert opinion to confirm that the depreciation has occurred due to the repair.0 -
Won't be an easy win - since you purchased the wrong service and now want to retrospectively change that.
IE you paid for a service which involved them carrying & covering a parcel worth up to £50 for example, send a parcel worth £100 and now want to change the service you bought.
Never understood why people have the audacity to pay for a cheap service and seek the benefits of a more expensive service other customers have to pay for for free.0
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