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

photome

Ibl0010 wrote: »

Yes, the courier would have know it was a TV as the booking was made at the same time as when the extra charges was paid to have the TV cover for damages and loss.

If the courier knows it was a TV and let you insure it then IMO they should take some resposibility

unholyangel

Ibl0010 wrote: »

lovinituk. No one has said the TV is not working prior to the courier picking up the TV. It is the crack on the screen, the black mark, the fact that image on the TV is dark on 1 side and brighter on the other sider of the screen, the fact that there is more pixel li e on the tv than mentioned that am enquiring about. I have no doubt that the TV works. May well be that the item was not described as shown in the auction listing, or could have been damaged by the courier who knows.

You're not understanding what lovinituk is saying.

They have a picture of the tv without all that damage. Its more likely that the tv has been damaged during transport (when it is moving around, having other things placed on top of it, being perched on top of other parcels etc) - that will be why its on the prohibited items list....because there is such a high risk of damage during transport.

Your agent should have inspected the item before accepting it into their possession.

I do feel that what the business said about gifting the tv's as a bonus to an employee to sell on is lies but its neither here nor there in the current context.

Ibl0010

Exactly unholyangel, i am sure there is nothing wrong with employee selling to employees and it's for that employee to do what ever they wish with that bought product. What I find odd is that the eBay seller is trading under similar name to the company main sale website trading name, the seller on ebay is using same address and telephone number. Only thing different is that the contact name of the eBay seller is different to the contact name I was provided with when I made contact through the main sales main website.

I suppose neither of the seller or courier will take responsibility as many have said I made a few error of judgement with the seller and courier.

what piseed me off the most was when I made contact through the main site, the person I response to me told me to go back to the courier and stop trying to scam them. Told him am still waiting for their evidence of me trying to scam them. I was just making the seller aware of the issue just like I made the courier company aware of the issue.

SouthUKMan

There are four possible outcomes. 1) Seller admits liability. 2 ) Courier admits liability. 3) You bring a claim in court against either seller or courier. 4) You cut your losses and walk away.

You already know that the seller denies selling you a TV that wasn't as described. You already admit that you effectively waived your rights with the courier company (tick boxes and contracts are in place for this very reason). So options 1 and 2 are out the window. If you took this to court, there is no clear case and you could end up footing the bill. Therefore as much as it might hurt, all things considered it might just be best to put this down to a bad experience and walk away.