newswseller Posted August 1, 2008 Share Posted August 1, 2008 I don't like to air my dirty laundry in public but since I seem to be getting nowhere with another forum member, i'm hoping some of his friends on here can make him see some sense before I need to take him to the small claims court. I bought a front lip for £225, it arrived damaged (snapped in half) and his insurance will only cover £130. So apparently its tough luck for me and I should have to take the £95 loss. He claims that since it was signed for as undamaged it's my fault. I will point out that it was sent to my place of work and it was signed for by reception who clearly had no idea what they were signing for. Also my name was not even on the packaging slip (just the company name), so I had no chance of even inspecting the parcel. However even if i had chance to refuse the item, he would still have been unable to refund me the full amount as he did not insure adequately. I'm hoping that eventually he will see some sense and refund me the full amount (i will then resend him the lip at my own expense so that he can try and recoup some of his loss) or otherwise I will have no chance but to take him to the small claims court which may prove costly for himself. Having been on the reverse of this situation recently with a fellow forum member I had to pay £60 out of my own pocket when my insurance did not cover the full value of an item. Thanks for your time and rant over Link to the item http://www.350z-uk.com/forum/viewtopic.php?t=14559 Photo's Link to comment Share on other sites More sharing options...
TT Convert Posted August 1, 2008 Share Posted August 1, 2008 how did you pay? Link to comment Share on other sites More sharing options...
GIXXERUK Posted August 1, 2008 Share Posted August 1, 2008 i've been in a similar situation on another forum and i refunded the full amount the way i see it is that the guy paid for the item to be delivered to him in the condition it was described - it simply wasn't, through no fault of his own so he got the full amount back just my 2 cents Paul Link to comment Share on other sites More sharing options...
newswseller Posted August 1, 2008 Author Share Posted August 1, 2008 how did you pay? Unfortunately by cheque otherwise I would have done a paypal reversal ages ago Link to comment Share on other sites More sharing options...
TT Convert Posted August 1, 2008 Share Posted August 1, 2008 that was going to be my next suggestion as Im have a slight problem with something I have bought off here ( The seller is haveing family problems so he is exused) I am doing it through paypal. Surley you can claim off the carrier??? Link to comment Share on other sites More sharing options...
GIXXERUK Posted August 1, 2008 Share Posted August 1, 2008 that was going to be my next suggestion as Im have a slight problem with something I have bought off here ( The seller is haveing family problems so he is exused) I am doing it through paypal. Surley you can claim off the carrier??? bought a front lip for £225, it arrived damaged (snapped in half) and his insurance will only cover £130. Link to comment Share on other sites More sharing options...
RobD7 Posted August 1, 2008 Share Posted August 1, 2008 Yeah I have to agree, a full refund is only fair. If you paid for postage as part of the price then the insurance paid for it by the seller should cover the lot. Hope you get it sorted... Link to comment Share on other sites More sharing options...
TT Convert Posted August 1, 2008 Share Posted August 1, 2008 Thats down to him for not insuring it , surley? Link to comment Share on other sites More sharing options...
RobD7 Posted August 1, 2008 Share Posted August 1, 2008 Thats down to him for not insuring it , surley? Yeah I think that's the point - he didn't insure it for enough hence why there's a difference which needs making up Link to comment Share on other sites More sharing options...
martinmac Posted August 1, 2008 Share Posted August 1, 2008 Thats terrible bud, I had an issue with something you sent me and the amount of effort you put in to sort it was way above what I had expected. It also cost you too. Link to comment Share on other sites More sharing options...
Beavis Posted August 1, 2008 Share Posted August 1, 2008 Right this quite clearly is not a good situation to be in, firstly i hope that you both can sort this amicably. I think there is a couple of lessons to be learnt here, firstly i would always recommend that if you are receiving goods that it is you signing for them for the obvious reasons you state. Secondly it is obvious that the lip was not insured for the full amount. Why only £130? In this case i don't see why you should be out of pocket if the sender did not insure it for the full amount as normally when you want something insured you are asked for it's value. Hopefuly like i said i hope that this come's to a sensible conclusion and is sorted soon. Link to comment Share on other sites More sharing options...
live2themaxuk Posted August 1, 2008 Share Posted August 1, 2008 Its no ones fault, but the posties. . . if he said it would be insured, common sense says it chould be the full amount. If insurance was not discussed, then it should not be assumed it was. Its a shitty situation whatever, but i dont think it is clear exactly 'who is at fault', unless you clearly said 'insure it', and it was inadequately insured, that would be dumb If it ends up being 'just a crap situation' and either party then wants to empathise and obligingly help out, or whatever, its at thier discretion, its not very clear cut IMHO Link to comment Share on other sites More sharing options...
bigphil Posted August 1, 2008 Share Posted August 1, 2008 Unfortunately these things do happen and as the sender you just have to bite the bullet, very important to check the insurance level is adequate as believe me regardless of what method you send by and how well you pack and label, things get both damaged and on many occasions simply disappear. I have always laughed at the instructions Motordyne give for sending back the collectors and I quote '' when packaging please assume the delivery man will drop kick your item from New York to CA'' how true that can be. Link to comment Share on other sites More sharing options...
Andy Posted August 1, 2008 Share Posted August 1, 2008 Unfortunately these things do happen and as the sender you just have to bite the bullet, very important to check the insurance level is adequate as believe me regardless of what method you send by and how well you pack and label, things get both damaged and on many occasions simply disappear.I have always laughed at the instructions Motordyne give for sending back the collectors and I quote '' when packaging please assume the delivery man will drop kick your item from New York to CA'' how true that can be. +1, get this all the time, seeing the state of some of the packages coming into my place from couriers makes me cringe. We now check every package before it is signed for.....obviously you didn't get the chance to do this..... ......wouldn't it be sods law and how unfortunate it would be if you were to send your package onto someone else and it got damaged in the process.......... Link to comment Share on other sites More sharing options...
newswseller Posted August 1, 2008 Author Share Posted August 1, 2008 Thanks for the replies.. I agree its not the senders fault that it was damaged, I'm just annoyed with his attitude and lack of responsibility. If it was me I would have at least been apologetic Link to comment Share on other sites More sharing options...
Madmarky Posted August 1, 2008 Share Posted August 1, 2008 I think the word you are all looking for is 'Responsibility' Its the senders responsibility to ensure its packaged and if required insurred. If it was the other way round we could all package up damaged goods, sell them and blame couriers. Good luck getting it sorted Link to comment Share on other sites More sharing options...
MartinGT Posted August 2, 2008 Share Posted August 2, 2008 Thanks for airing your dirty laundry as you put it. Quite simply i'm pretty pi**ed off at this whole thing. I have half a notion to say don't bother waiting til the 15th and lodge the small claims court (by the way, £250 a day for your work, i'm in the wrong job). My attitutude stinks because of yours, you pestered my from day one for money off, then money back after you paid because you bought a newer 350z and the lip doesnt fit it (as if thats my fault). I struggled to get hold of a courier due to the size of the lip and managed to have a locally based modified car parts mail order company send it for me through their courier. They send out dozens of things like this every day and supply many retailers in the modified car world up and down the country and never have any problems like this. Their courier works on a weights based system, roughly £10 per kilo. So it was insured for 13kg which a plastic front lip clearly isn't. I can see where you and the other forum members are coming from. But i have no proof that it was damaged in transit, which would rightly leave me out of pocket. Anything could've happened to it after it was delivered, i just find it strange how you bought a newer Z then were desperate for money off as you had to sell it on ebay to get back your money, then all of a sudden my plastic greddy lip is halved in two. I will phone the company i sent it through right now, see how the claim is going and if it can be altered, but other than that i can't do much. I can't afford to lose £225 of my money for something i have no proof of being my fault. Neither can i afford your threats of a small claims court, which is the full amount £225 plus the cost of lodging the small claims (£50) plus the cost of me taking a day off work (£250). But then again i dont want Plus if you try to sell anything on here again i will make sure no one buys anything from you. Link to comment Share on other sites More sharing options...
MartinGT Posted August 2, 2008 Share Posted August 2, 2008 Spoke to the company there. If you had asked for the item to be sent with it fully insured i would have, but as this was not asked for it was sent normally, which comes with a courtesy insurance which is the £130. As it was used item and not brand new from a retailer i'm not oblidged to send it fully insured as its not worth its original value. He also stated that if a item is clearly damaged (which it is), the driver would normally not deliver it and have it returned himself, for example is a radiator i saw at their unit yesterday which clearly has been run into with a forklift and was returned before delivery even happened by the driver. Link to comment Share on other sites More sharing options...
Beavis Posted August 2, 2008 Share Posted August 2, 2008 Quite rightly and obviously both of you need to sort this out, i would hope that the thread does not turn into a huge mud slinging session. Hopefully you can sort your diffference's out on the phone and via pm. A huge argument on a public forum is not the place otherwise it will be locked. Link to comment Share on other sites More sharing options...
newswseller Posted August 2, 2008 Author Share Posted August 2, 2008 Martin thanks for replying to clear up a few things My attitutude stinks because of yours, you pestered my from day one for money off, then money back after you paid because you bought a newer 350z and the lip doesnt fit it (as if thats my fault). This is called haggling, your lip reached £40 on ebay, I asked how much you were after and you said £230, I then offered £220 and subsequently £225, thats hardly pestering? And yes as you took so long to ship out the lip, I had at that point bought a MY06 car instead, so the lip would have been no good to me. As it still had not been shipped out to me, I offered for you to keep £20 and refund the rest of my money as a goodwill gesture, as otherwise i would just have to resell the lip myself. But i have no proof that it was damaged in transit, which would rightly leave me out of pocket. Anything could've happened to it after it was delivered, i just find it strange how you bought a newer Z then were desperate for money off as you had to sell it on ebay to get back your money, then all of a sudden my plastic greddy lip is halved in two Ask youself this, why would I put myself in a position where i'm currently £225 out of pocket, have a broken lip which is worth peanuts and then have an uphill struggle to get any sort of refund from the seller? Surely thats a million more times more hassle than re-selling it on this forum? I can't afford to lose £225 of my money for something i have no proof of being my fault. As i've explained to you numerous times your not loosing £225 just the difference between £225 and the claim, plus when you get the lip back you can recoup some of your losses At the end of the day if it was fully insured we wouldn't be having this conversation Plus if you try to sell anything on here again i will make sure no one buys anything from you. I think thats a valid point, you can only tell how honest someone is when something goes wrong, Its easy for someone to be labelled a good seller but you only see how good they really are when the sh*t hits the fan. I've been in this position myself and at the end of the day i just had to bite the bullet and send some of my own cash Link to comment Share on other sites More sharing options...
newswseller Posted August 2, 2008 Author Share Posted August 2, 2008 Quite rightly and obviously both of you need to sort this out, i would hope that the thread does not turn into a huge mud slinging session. Hopefully you can sort your diffference's out on the phone and via pm. A huge argument on a public forum is not the place otherwise it will be locked. Will go back to PM'ing him, IF i mange to get some sort of resolution or if Martin decides to meet me half way on the difference i will post here. Link to comment Share on other sites More sharing options...
MartinGT Posted August 2, 2008 Share Posted August 2, 2008 I am being honest. I'm being honest at the fact its signed for as undamaged and you're wanting me to fork out for your broken lip. If you have anything else to say pm me and stop making me out to be this great big bad boy who's stolen your lunch money. Link to comment Share on other sites More sharing options...
MartinGT Posted August 2, 2008 Share Posted August 2, 2008 Quite rightly and obviously both of you need to sort this out, i would hope that the thread does not turn into a huge mud slinging session. Hopefully you can sort your diffference's out on the phone and via pm. A huge argument on a public forum is not the place otherwise it will be locked. Will go back to PM'ing him, IF i mange to get some sort of resolution or if Martin decides to meet me half way on the difference i will post here. I should think so. What did you hope to gain by tarring my name in this way anyway? Another threat along with this small claims court i can only assume. Anyway, i'm away to do normal things, just in case you phone the police because i don't reply instantly. I don't sit on the internet all day like some people in this world. Link to comment Share on other sites More sharing options...
Beavis Posted August 2, 2008 Share Posted August 2, 2008 Now locked, use your phones and pm please to sort this. Link to comment Share on other sites More sharing options...
Beavis Posted August 3, 2008 Share Posted August 3, 2008 Now locked, use your phones and pm please to sort this. The outcome of this dispute will be posted here when it is settled, soley in interest of the forum's members. Link to comment Share on other sites More sharing options...
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