damaged goods

percypoo

hello everyone, i need a bit of advice please, my car needed a engine so i looked everywhere for a good second hand one, i found one on gumtree and it looked great, chap is based in scotland and im in leicester, so payed direct to him inc delivery costs, yesterday it turned up on a large lorry, on a pallet with loads of shrink wrap, signed for it and went to pick kids up from school, got back and took the shrink wrap off to see loads of damage to the head of the engine, looked like it had been struck with a fork lift. i rang the sender who said it was ok when he left it at couriers and it was out of his hands, so no joy there, i rang the haulege company and was told the operations manager would ring me on monday, but was also told not to expect much joy. it was shipped by one company from scotland to leicester then another company made the delivery. am i totaly !!!!!!ed. thanks:(

pinkshoes

What details do you have for the seller other than a phone number?

You have many options, but all are useless without an address and full name!

It was the seller's responsibility to get it to you in good order, so it is not out of his hands...

percypoo

i know his full name, bank details and phone number and he as been posting on gumtree for 5 yrs plus

percypoo

also have senders address now, what do i need to do , sender is saying i signed so its my fault

wealdroam

Is the seller a trader or a private individual?

percypoo

not sure but he also has another engine for sale on gumtree

bris

Seller is to blame, sue him. He can't deny liability just because you signed for it.

percypoo

if i rang seller what should i say, shall i say by law he is liable and he will have to refund me, thanks

Ectophile

percypoo wrote: »

if i rang seller what should i say, shall i say by law he is liable and he will have to refund me, thanks

Pretty much. But before you start legal action, you should send a Letter Before Action. If you're not sure what goes in it, there are plenty of examples on the internet. For example https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/going-to-court/taking-court-action/step-one-write-a-letter-before-action/

pinkshoes

A courier cannot be expected to wait whilst you unwrap loads of shrink wrap, so the whole 'you signed for it' thing is meaningless.

You need to send a 'letter before action' giving them 14 days to arrange collection and issue a full refund as the item arrived damaged, and if they fail to do this, you will commence court action.

Get proof of postage as evidence of when you sent the letter.

The whole small claims thing is relatively straight forward if it gets that far, but if the seller has any sense he will refund and seek a refund from the courier.

percypoo

great advice thank you, i have the courier operations manager ringing me moday so will wait to see what he/she says first before writing to seller, i will update, thank you:beer: