Lost / Damaged Parcel

Aylesbury_Duck

GB72 said:

Yes I haven't stuck to the t&c as I didn't think the items would go missing their only words are it may have fallen out so can't return the items , but that's it no photos of a damaged parcel 

GB72 said:

I didn't read the terms and conditions they are not clearly displayed , the insurance wasn't much more I'm sure I'm not the only person not fully reading t&C's when sending a parcel 

You didn't stick to the terms and conditions because you didn't think the items would go missing, but you didn't read them.  That seems contradictory to me.  

You probably aren't the only person not reading the ts and Cs, but you're the one needing to claim.

You sem to have court action as the only option, other that writing off the loss.

GB72

I realise this hence why I'm asking for advice on the court action ie what action ie small claims and on what grounds, thanks in advance 

SiliconChip

For £100 you can make your claim online https://www.gov.uk/make-court-claim-for-money/make-claim

It'll cost you £35 but you can add the fee to the claim and you'll get it back if you win.

As to the basis of the claim, that's for you to decide, but given what you've said about your failure to comply with the T&Cs I'm not sure if you have a winnable basis.

GB72

And if i lose it's no more than £35 gone?

tightauldgit

I don't know the ins and outs of the law in detail but I think you might well have a case unless the courier can provide some evidence that the items were indeed damaged and that the damage resulted from insufficient/inadequate packaging. If they've just lost the items then I don't think that they can use inadequate packaging as a get out even if that's in the T&Cs.

Of course the fact they contacted you to say the items were damaged suggests that they were, in fact, damaged and then the T&Cs will come into play. But I still think it would be down to the courier to provide some evidence of this. 

A lot of it is going to come down to the specifics of the incident and the T&Cs. I'm not sure if the courier has a responsibility to return an item to you which has been damaged in transit. I suppose that's mentioned in the T&Cs somewhere too?

GB72

No mention in the t&c's About returning the items