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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor
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Sent a parcel which was damaged in transit - Advised the

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Sent a parcel which was damaged in transit - Advised the carriers who have asked for photos , invoices etc etc. However they are requesting photos of it before sent all boxes up . I was unaware we had to photo before collection and can see nothing on their website asking otherwise. Are they within their rights to ask for this ?Thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Did you get a tracking reference for the parcel and how long ago was this?

Customer: replied 12 days ago.
Yes got tracking number and knew arrival date but the carriers had had something ontop of it in transit and buckled the frame of the bike.

They asked for photos of damage / packaging / invoices / receipts - all provided . However they now want photos of it from the collection address before it was collected. We had no idea and not advised anywhere to do so .
Nowhere in their t&c's and want asked to take photos when booking in ...
Customer: replied 12 days ago.
was not

Thank you. The main issue is not so much whether you were asked to take photos before you sent it, but what liability they have for any damage and specifically, whether they have excluded nay of it under their terms. It is very common for couriers to exclude liability for damage and to only limit any liability to a nominal amount. If you wanted to get extra protection you would then have to take out additional insurance with them or arrange your own cover. So the first thig t check is whether their liability was excluded and if it is not and they can potentially be liable for the full damage, that is when you would challenge them on the lack of any specific requirement for photos to have been taken before dispatch. You would argue that it is not a normal situation for people to take photos before they send something and the lack of a specific term requiring hat should not mean you cannot claim.

 

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Customer: replied 9 days ago.
There was enhanced insurance taken I was not asked to take photos of it before when I did this. Can they reject the claim for their damage as I was never asked to do this at the time and nothing in their wording ?
Customer: replied 9 days ago.
Apologies I have only just seen messages

There is nothing stopping them from rejecting the claim, but there is also nothing stopping you from challenging them over that rejection and taking it further, such as to the Small Claims Court. Does this clarify things a bit more for you?

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