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Shipping car to Europe - car not loaded off ship
mtm103
Posts: 45 Forumite
Hello.. I really hope someone can help me with this. or at least tell me if I am wasting my time
I have paid to have my car shipped from UK to Spain (I hold dual UK and EU citizenship). I worked with an agent in the UK, who then contracted with the UK agent of a large Norwegian carrier. I dropped my car at the port for the car to be loaded into a 4,500+ car transporter ship to Spain. The car made into the ship. I had separately paid for someone to pick up the car from the port and bring it to my house.
On the day the ship arrived at port, I was told my car was not on the ship. After many frantic calls trying to find out where my car was, a day later (after the ship left the port), I was advised that the car was on the ship, but they had made a mistake, and the car had been tagged to be dropped off in Turkey, rather than Spain. At this point, the ship was at another Spanish port (near barcelona) but I was advised that the car was in an incovenient location on the ship (it was with the Turkey cars) and they didn't want to move the Turkey cars to get to my car, so the car has to stay on the ship until Turkey. To cut a long story short, my car cannot get off the ship until turkey (it is going to Italy and Greece first) and I will not get the car for another month. They have said they made a mistake, but they will not pay compensation for this error. Also they know all my luggage and personal effects are on the car, but they have said this is not their problem. The agent in the UK, the shipping agent in the UK, the shipping agent in Spain, and the ship owners, have said this is not their problem, and I need to accept that I won't get the car, and contents, for another month.. I now need to rent a car in Spain for a month, and replace items in the car, as well as pay someone else to pick up the car and bring to me (as I had t pay original person off yesterday)
Any suggestions? Thank you
I have paid to have my car shipped from UK to Spain (I hold dual UK and EU citizenship). I worked with an agent in the UK, who then contracted with the UK agent of a large Norwegian carrier. I dropped my car at the port for the car to be loaded into a 4,500+ car transporter ship to Spain. The car made into the ship. I had separately paid for someone to pick up the car from the port and bring it to my house.
On the day the ship arrived at port, I was told my car was not on the ship. After many frantic calls trying to find out where my car was, a day later (after the ship left the port), I was advised that the car was on the ship, but they had made a mistake, and the car had been tagged to be dropped off in Turkey, rather than Spain. At this point, the ship was at another Spanish port (near barcelona) but I was advised that the car was in an incovenient location on the ship (it was with the Turkey cars) and they didn't want to move the Turkey cars to get to my car, so the car has to stay on the ship until Turkey. To cut a long story short, my car cannot get off the ship until turkey (it is going to Italy and Greece first) and I will not get the car for another month. They have said they made a mistake, but they will not pay compensation for this error. Also they know all my luggage and personal effects are on the car, but they have said this is not their problem. The agent in the UK, the shipping agent in the UK, the shipping agent in Spain, and the ship owners, have said this is not their problem, and I need to accept that I won't get the car, and contents, for another month.. I now need to rent a car in Spain for a month, and replace items in the car, as well as pay someone else to pick up the car and bring to me (as I had t pay original person off yesterday)
Any suggestions? Thank you
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Comments
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Sounds like a LBA with the prospect of small claims action for your itemised and evidenced losses.1
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Thank you.. but who do I send this to? The agent I paid (who say they only actioned as an agent) or the agent of the shipping company in the U.K. who actually put the car on the ship and who made the mistake.. I am assuming the latter as it is actually their name on the bill of lading. Thank youAylesbury_Duck said:Sounds like a LBA with the prospect of small claims action for your itemised and evidenced losses.0 -
The agent you paid. That's who you have the contract with. They can't wriggle out of their responsibility to you. They took money as your agent, they maintain an obligation to deliver the service for which you paid them. If they wish to subsequently recover any costs they incur putting you right, they can do so from the shipping company to which they subcontracted your business.2
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I wouldn't be certain if this was a straightforward LBA or not?.
I don't remember much from my law degree over 40 years ago - and I'm sure the law has changed a lot since then anyway!- but one thing I do remember is that contracts and the law relating to shipping cargo between different countries is rather complicated and a bit of a minefield. It might be that this is a straightforward consumer rights question - but I wouldn't be surprised if it isn't. And if it is just a case of contractual T&Cs it may not be at all simple. I suspect a lot of the things you may want to claim for are excluded.
You may need a lawyer. Or wait for unholyangel to read this thread... they'll probably know the answer.2 -
They are the agent of the shipping company not the OP, hopefully. To sue your own agent is much more complicated as your agent's service is the booking, which has been done, not the execution of the delivery.Aylesbury_Duck said:
They took money as your agent, they maintain an obligation to deliver the service for which you paid them
Step one, as always, is to review the contract. International law on cargo is a complex field1 -
Thank you all.. I am speaking to a lawyer.. I am very annoyed as they admit they made an error, but have washed their hand of it, and now I have no car for one month0
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They might be happy to admit to an error if their T&Cs exclude liability for that error! Shipping high value items by sea can be a legal minefield and not for the fainthearted - if you don't know exactly what you are doing.
See what your solicitor says. Good luck.0 -
I doubt the agent would be liable anyway if the problem was the Norwegian shipper loading the car.
The agent fulfilled his side or the deal and got the car on the ship so the jurisdiction of the court action would probably be Norwegian.
As for the goods you loaded into the car was there a contract for those goods too? Looks like you cheaped out there too, the adverts for "getting your moneys worth" springs to mind.0 -
Might be worth thinking about delaying legal action until you actually have the car back.
But a banker, engaged at enormous expense,Had the whole of their cash in his care.
Lewis Carroll0 -
When it's arrived at Turkey are they heading back to Spain? Have they said how you'll actually get the car back?
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