Claim against DX delivery company

Dave82517

This is kinda an extension of a previous thread 'courier for 55 inch lcd tv'

But at a different stage.

The jist, booked delivery company through third party booking agent, company damaged items in transit, both companies refuse to admit liability. Started MCOL proceedings and had a hearing where judgement was set aside.

So currently im at the point of needing legal council, considering the fee im seeking to retrieve is only £810 and employing a lawyer will be vastly more with the fees unrecoverable i find that i am at the point where i can no longer pursue this matter feasibly. All the while i am still out of pocket and both companies get away scot free. Anyone have any advise on where i can go from here?
I have read somewhere on these forums that you get 5 years from the date of the incident to claim, so if i cancel court proceedings i could still start another at a later date?

Completely at a loss now, need that little midgety Dom fella to bite their ankles n chase this up.

Dave82517

Just to clarify since i dont think i was very clear what i wanted, if i cancel court proceedings (due to it not being cost effective) then what other avenues do i have to try and get a result out of them? or is it really a case of big companies win and little people dont count?

tomtontom

Why are they denying liability? That would be a good starting point.

"That little midgety Dom fella" is actually 5ft 7 - you might want to check your understanding of the term midget.

Dave82517

"That little midgety Dom fella" is actually 5ft 7 - you might want to check your understanding of the term midget.

Oops. same height as me, i guess he just chases really tall people.

They deny liability because it was through a booking company, apparently because i didnt hire them direct they have no contract with me and as such no responsibility to my property. The booking agency have a bit of legal junk that absolves their company of any liability for damages caused by anyone they hire. so its all a big circle jerk.

bod1467

Just because it's in T&Cs doesn't make it legally enforceable.

Bottom line - who did you pay? Courier or booking company?

JJ_Egan

I can see your contract is with the vendor not some other party .You are going to get nowhere against this other party who are saying sorry no contract with us . You will have to proceed against the booking company .Their T&C may be unfair and worth pursuing . But as you say it could now be a case of throwing good money after bad . Dont see SOGA and claim limit as letting you go back in a few years time for a second bite .

Legal might be better asking on the legal beagle board.

Dave82517

Paid booking company. Before booking theres a clause you have to agree to that basically absolves them of any responsibility to claims for damage/loss incurred by any of the companies they contract.

Also, any chance i could have this thread moved to the legal board? Was on the fence about where it belonged.

visidigi

Dave82517 wrote: »

Paid booking company. Before booking theres a clause you have to agree to that basically absolves them of any responsibility to claims for damage/loss incurred by any of the companies they contract.

Also, any chance i could have this thread moved to the legal board? Was on the fence about where it belonged.

Just because it's there doesn't make it legally enforceable.

In most cases like this they are taking the money and subcontracting so they will payout if pushed hard enough.

I am confused why you are only seeking the fee you paid. Is this because they refuse all coverage on screens? If so you really will be struggling as that is a fair term unless you can prove gross negligence (good luck with that)

unholyangel

Dave82517 wrote: »

Paid booking company. Before booking theres a clause you have to agree to that basically absolves them of any responsibility to claims for damage/loss incurred by any of the companies they contract.

Also, any chance i could have this thread moved to the legal board? Was on the fence about where it belonged.

But they can't. It allows them (or their agent) to be negligent with impunity. Its covered by unfair contract terms - which is what bod meant when he said that just because its in T&C's doesn't make it legally enforceable.

From unfair contract guidance:

Schedule 2, paragraph 1, states that terms may be unfair if
they have the object or effect of:
(b) inappropriately excluding or limiting the legal rights of the
consumer vis-à-vis the seller or supplier or another party in
the event of total or partial non-performance or inadequate
performance by the seller or supplier of any of the
contractual obligations, including the option of offsetting a
debt owed to the seller or supplier against any claim which
the consumer may have against him.


1.9 Subcontractors. A disclaimer covering problems caused by a trader's
suppliers or subcontractors is regarded in the same way as one covering
loss or damage caused directly by his own fault. The consumer has no
choice as to whom they are, and has no contractual rights against them.
The business has chosen to enter agreements with them, and therefore
should not seek to disclaim responsibility for their defaults.

DCFC79

Dave82517 wrote: »

Also, any chance i could have this thread moved to the legal board? Was on the fence about where it belonged.

JJ Egen is refering to the legal beagle forums.

Dave82517

I am confused why you are only seeking the fee you paid. Is this because they refuse all coverage on screens?

Figured id have my best chance trying to recover just the basic amount.
The booking company has an extensive prohibited items list, certain items are carried under the 'no damages/loss' claim i previously mentioned.
The long and short, to me, seems to be ive agreed to no blame for them by booking and the delivery company has no responsibility to me due to being a third party. Its like a nice little package designed to screw people should anything go wrong.