Section 75/consequential loss?

penny_saver

Fast Lane International Courier company damaged my consignment of kitchen panels and won't pay out. I paid the carriage plus extra to insure them with my Halifax credit card but used a Nationwide c. card to initially purchase the Wickes panels they damaged. Have been told by Nationwide I can claim "Consequential Loss" for the cost of the panels, £280, through the Halifax, but Halifax say not. Anybody know anything about this??

glentoran99

penny_saver wrote: »

Fast Lane International Courier company damaged my consignment of kitchen panels and won't pay out. I paid the carriage plus extra to insure them with my Halifax credit card but used a Nationwide c. card to initially purchase the Wickes panels they damaged. Have been told by Nationwide I can claim "Consequential Loss" for the cost of the panels, £280, through the Halifax, but Halifax say not. Anybody know anything about this??

was it over £100 for the carriage and insurance?

grumbler

Why not use the insurance you paid for?

chanz4

did they say not packed well

bris

Couriers are liable first, if they have refused your claim for a particular reason then the CC will refuse for the same reason. CC is equally liable but if one has a get out so does the other.

jonesMUFCforever

I may be thick but were you selling or buying them?
If they were damaged why not send them back?

alanq

I don't know about consequential losses that can be claimed but it is the retailer that is responsible to you not the courier.

Since 01OCT2015 The Consumer Rights Act
"Delivery rights
The retailer is responsible for goods until they are in your physical possession or in the possession of someone appointed by you to accept them.
This means that retailers are liable for the service provided by the couriers they employ - the delivery firm is not liable.
The retailer is responsible for the goods until they are delivered to you and in your possession."
http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act


Prior to that The Sale Of Good Act 1979
"Damaged goods
The Sale of Goods Act states that the seller is responsible for goods up until they are delivered to the consumer. Any damage or breakage en route is the responsibility of the seller. "
http://www.which.co.uk/consumer-rights/problem/i-received-damaged-goods-in-the-post-what-can-i-do

stifle

Need more details to get to the bottom of this one. It's unusual to pay for delivery with a separate payment to the original purchase. So we would need to understand (1) whether this was the original purchase of the goods or they had been sent back for some reason, (2) whether Wickes provided Fast Lane as a suggested option to you or you chose them yourself, (3) how much you paid Fast Lane, and (4) why you chose to pay for the goods and the delivery separately on different cards.

If you chose Fast Lane and Wickes did not present them to you as an option, then Wickes has no responsibility for the goods once Fast Lane has taken possession of them. In that event your claim would be against Fast Lane (and hence Halifax) but you would not have a s75 remedy unless you paid £100 or more for the delivery only.

The passages quoted by alanq are correct if, but only if, Wickes proposed Fast Lane as an option to you.