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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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I BROUGHT AN MUSIC SYSTEM FROM COCKTAIL AUDIO PAYING BY CARD

Customer Question

I BROUGHT AN MUSIC SYSTEM FROM COCKTAIL AUDIO PAYING BY CARD OVER THE PHONE.
IT STOPPED WORKING AFTER 2 WEEKS AND WHEN PHONING THEM THEY SAID THEY WOULD GET IT PICKED UP NEXT MORNING.
IT IS ONLY A VERY SMALL BOX SO I PUT A CARRIER BAG AROUND IT FOR PROTECTION EXPECTING THE COMPANY I BROUGHT IT FROM TO PICK IT UP, IT TURNED OUT TO BE A COURIER SERVICE, I SAID TO THE COURIER I HADN'T WRAPPED IT, HE SAID THATS OK I'LL BOX IT UP AND LABEL IT AND DELIVER IT , SO I SIGNED FOR THE REMOVAL AND OFF HE WENT.
WHEN IT ARRIVED AT COCKTAIL AUDIO IT WAS BADLY BROKEN AS THEY DID NOT BOX IT UP ONLY PUT A PLASTIC COVERING AROUND IT, THE COMPANY ARE SAYING IT WAS MY REPONSIBLITY AND HAVE TO PAY FOR THE REPAIRS.
THIS CERTAINLY IS NOT MY FAULT, WHO IN THEIR RIGHT MIND WOULD SEND A ELECTRICAL UNIT THROUGH WITH JUST A OPEN CARRIER BAG AROUND IT, AND WHO IN THEIR RIGHT MIND WOULD EXEPT A PARCEL LIKE THAT IF IT WASN'T GOING TO BE BOXED.
CAN YOU PLEASE ADVISE
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

How can I help with this?
Customer: replied 4 years ago.

COULD YOU TELL WHO IS LIABLE

Expert:  Jo C. replied 4 years ago.
I know this isn’t going to be the answer you want to hear, and it’s certainly not what I want to tell you. However, I wish to be completely honest with you, so I feel obligated to not give you false hope.

I'm afraid its likely to be bad news.

You are liable for goods until they are delivered up to the company or handed over to the sellers courier.

I realise that you did hand this to the seller's courier but they will have a condition that all items must be properly packaged. That will mean that you are liable unless you can prove the conversation that you had with him. Its always difficult to prove what was said and they will almost certainly deny it.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.