ClearCycle sofa purchased on eBay - courier damaged my property during delivery

orangecrush

Hi folks,

I have a bit of a conundrum that I would appreciate your advice on.  Please note the sofa has been taken back and refunded, but the damages caused are the point I need help with.

I bought a sofa from ClearCycle on eBay.  It is a business.  Delivery was included in the price.  I had no contact with the delivery company other than a phonecall to say when the sofa would arrive.  

The couriers damaged a door frame, floor and stairs trying to get the sofa through a doorway.  It didn't fit, and the courier left it in another room so I could get more hands and try later.  Out of curiosity, I measured the sofa and it was 219cm wide, 18cm bigger than advertised (197cm).  It was never going to fit.  

The damage is around £400, mostly labour costs but some materials also. ClearCycle are saying I have to take it up with the courier, and that they have satisfied their obligations under the Consumer Rights Act as they delivered the product as described (except it wasn't - see below), and an MCOL would not be successful.

Annoyingly, I signed a delivery receipt.  Apparently this also indicates that there was no damage caused to the property but they said it was just to say the sofa was undamaged (which it wasn't).  When I signed I assumed that I was at fault for not measuring the door properly, and that it was my responsibility to make it work somehow (our old sofa was smaller, so I had no reason to think it would never work.)

The reason I think ClearCycle are responsible are:
1) I have no contract with the courier, only with them 
2) They made a significant error in measurement (they actually admitted they don't measure anything, and just take measurements as given by whoever they get the sofa from)

I just want to fix my house and ClearCycle are being obstructive.  Is MCOL my only option?  I really wanted to find an alternative as the £50 fee is going to have to come out of my budget for buying a different sofa (we had our old sofa uplifted to make space for this new one, so now have nothing to sit on - we've brought the kids camping chairs in but they're not particularly comfortable!).  

Could anyone help?  I paid partially on a credit card, but using PayPal, and partially with PayPal balance so I don't think S75 would help.  

Thank you!

Baldytyke88

Escalate to eBay: If the seller doesn't respond or resolve the issue within a reasonable timeframe (usually two business days after you've returned the item), you can ask eBay to step in and help?

noitsnotme

Baldytyke88 said:

Escalate to eBay: If the seller doesn't respond or resolve the issue within a reasonable timeframe (usually two business days after you've returned the item), you can ask eBay to step in and help?

The OP says the sofa has been refunded in full already so eBay will have no further involvement.

orangecrush

Thanks both. Yes I’ve had a refund of the money I paid for the sofa, the issue is now the damage caused by the delivery.

In my view, the damage would not have been caused if the sofa was the measurements as advertised, instead of the ones it actually was. Not sure if that’s a red herring though.

Baldytyke88

noitsnotme said:

The OP says the sofa has been refunded in full already so eBay will have no further involvement.

He won't know that unless he tries.

The OP needs photos of the damage, it this just paint scraped off, it seems like he was initially just going to take it on the chin, so it must be minor?

noitsnotme

Baldytyke88 said:

noitsnotme said:

The OP says the sofa has been refunded in full already so eBay will have no further involvement.

He won't know that unless he tries.

The OP needs photos of the damage, it this just paint scraped off, it seems like he was initially just going to take it on the chin, so it must be minor?

eBay will absolutely not get involved once the original amount paid has been refunded.  Any consequential loss is nothing to do with them.