Cost of Transportation/Damaged Goods

anstee1972

In A situation where I have paid for a company to transport a Caravan from one location to another and they damage the caravan in transit. Whilst I know that insurance will put it right - am I still required to have paid the transportation costs or am I entitled to obtain a refund due to the very unsatisfactory service ? It was blatant negligence that led to the damage being caused not an unfortunate accident. Currently they are refusing to refund the cost.

Any help much appreciated.

ToxicWomble

Well they have actually transported it, so will expect to be paid.
The damage as you say will be fixed via insurance.
So you will have the caravan how it should be and where you want it and thus have no reason to withhold the transport fee.
You may ask them to consider a refund (full or partial) as a goodwill gesture but I doubt you have any legal rights to one

DoaM

Whose insurance is being claimed against? Your insurance for the caravan or their liability insurance?

If the latter then you have no claim to refuse to pay for the (albeit poor) service provided. If the former then you have a claim against them for any loss of NCB and future increased premiums. (But the service still needs to be paid for).

davidmcn

If you're being fully compensated for the damage then I think a refund of the price would be a second bite of the cherry.

mattyprice4004

Sure, but would you be happy with them taking the caravan back to the original location?
After all, they've still done the job and the item will be repaired - so you'll be back in the same position you were had the contract being carried out.