In battle with 2 businesses over a damaged TV, what are my consumers right?

powerful_Rogue

Ibl0010 wrote: »

How am I blaming others (I am wales), I am simply trying to get to the bottom of the situation. Would you not do the same or just accept it just like that.

From what i've read you've clearly laid the blame at the retailer and totally ignored the fact that you instructed your own courier.

On the balance of probability I would say the damage was caused by the courier. This is the very reason that 99.9% of them refuse to deliver TV's - Due to their fragile nature and the fact they can become easily damaged.

Ibl0010

Yes, I did cover the delivery for loss and damageses.

powerful_Rogue

Ibl0010 wrote: »

Yes, I did cover the delivery for loss and damageses.

Not correctly.

The claim was refused. They said I sent the TV at my own risk as a TV of such size is prohibited on their services. Trouble is i forgot to read the prohibited list and must have ticked the (I have read and understood the prohibited list) box to make the delivery booking with.

How much was the TV?

lovinituk

Ibl0010 wrote: »

Yes, I did cover the delivery for loss and damageses.

Well you didn't arrange adequate cover because you broke the T&Cs, otherwise we wouldn't be having this conversation.

Ibl0010

Powerful_Rogue. Yes I did make the booking for the courier to pick up the tv on by behalf and deliver to me as I distance was too far for me to pick up the TV myself. However, what I am trying to get to the bottom of is whether the TV was already damaged before it left the premises of the seller or it was damaged in transit.

Ibl0010

Please explain to me how the cover could have been more adequate. They asked me to pay extra to cover loss and damages in transit. That's what I did so how did I break the T & C as far as the cover goes.

powerful_Rogue

Ibl0010 wrote: »

Powerful_Rogue. Yes I did make the booking for the courier to pick up the tv on by behalf and deliver to me as I distance was too far for me to pick up the TV myself. However, what I am trying to get to the bottom of is whether the TV was already damaged before it left the premises of the seller or it was damaged in transit.

Just remember you nned to prove on the balance of probabilities that the TV left the warehouse damaged if you are taking the retailer to court.

If you are taking the courier to court you will need to convince the judge that on the balance of probabilities they damaged the TV. However you then have the issue that the TV was delivered at your own risk via the courier you instructed.

Either way, I personally don't feel you will win a SCC claim, however im not a judge.

Again, How much was the TV so we know what sort of value we are looking at?

powerful_Rogue

Ibl0010 wrote: »

Please explain to me how the cover could have been more adequate. They asked me to pay extra to cover loss and damages in transit. That's what I did so how did I break the T & C as far as the cover goes.

Did you inform them that it was a TV? What was their response?

custardy

Ibl0010 wrote: »

Powerful_Rogue. Yes I did make the booking for the courier to pick up the tv on by behalf and deliver to me as I distance was too far for me to pick up the TV myself. However, what I am trying to get to the bottom of is whether the TV was already damaged before it left the premises of the seller or it was damaged in transit.

You are beating a dead horse.
Step back. Why would they despatch a broken TV? One they had listed as a collection item,so you would be showing up to buy in person?
Learn your lesson & move on.

Ibl0010

I am aware that there is no prove of wheather the TV left the seller premises in good or bad condition. Likewise, I can't prove that it was damaged in transit or not. This is why, when I was told that the seller has a cctv of the item been dispatched in the condition it was described. I asked if I could see it. This way it at least rule out the seller.

My own blame as far as the courier is concern, is forgetting to read the prohibited and restricted list. I was told that I couldn't have made the booking unless I tick the have you read the restricted and prohibited list. If I did tick the box by mistake without reading the list I am to blame. When I was made aware of such list there was nothing to say if after you ready the list and you still go ahead with the booking you are sending at your own risk. When I reported the issue, one of the courier employees even said because the item is a prohibited and restricted item it shouldn't have been allowed to go through the system.