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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I sell furniture on Ebay. I sent a pair of re-finished

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Hello, I sell furniture on Ebay. I sent a pair of re-finished bedside tables to a customer. They left in flawless condition. The couriers packaged them in front of me. They arrived badly damaged after being left in furniture film for a week in hot weather. They were also chipped.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: The cusyomer is obviously upset as she paid £350 and I'm very upset as I try and provide an excellent service. The couriers will not speak to me to sort something out and have said that a) it's the customerr's result for not raising the issue at the time of delivery ( she couldn't do that as the couriers left the items wrapped on yhe doorstep and had gone when she got to the door!). They also emailed yo say there is no compemsayion as the furniture was not new. It wad re-finished, structurally perfect. Can you please advise?
JA: What steps have you taken so far?
Customer: I've complained and asked them to resolve t he problem as they caused it. They won't speak on pjone.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Ah, are you in USA?

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Would you say the courier was negligent or failed to carry out their service with reasonable care and skill? I don't profess to know about furniture or packaging so if you can let me know your thoughts.

Customer: replied 5 days ago.
Hello Jim,
Yes, both, most certainly. This company have successfully delivered about 8 pieces of painted furniture for me previously.
They have leftb inappropriate wrapping on (furniture film is basically thick clingfilm) and it's sweated the wood and the paint; the furniture was wet when unwrappef.
There is a large crack around the base of one and a chip in the top of the other. They have been bsdly mishandled, they are very sturdy pieces of furniture.
They are saying that their terms don't cover used furniture. Mine has been professionally refinished (I sell a lot of these pieces) but even so, I'd hope they'd have a duty of care towards it.
Legally can I do anything?
Thankyou.

Thanks, ***** ***** have a remedy which is to pursue them for the cost of the furniture. They are tasked with ensuring your items are safely wrapped and transported. The service to be expected under contract law is that of a reasonable service to be carried out with care and skill.

This is not the case quite clearly, so I would recommend that you send the company a formal letter before action to demand payment within 30 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation.

You may also want to threaten a report to Trading Standards (who can be contacted on 03454 040506).

You will need to register at www.moneyclaim.gov.uk so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site. Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5: www.gov.uk/make-court-claim-for-money/court-fees) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment. The site allows you to calculate the interest and add it to the claim.

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. If they still do not pay you can use the court bailiffs to enforce for a small fee.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up questions at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

if this is a business to business contract then you need the attached letters (consumer rights do not apply but basic contract law does).

JimLawyer and 3 other Law Specialists are ready to help you
Customer: replied 5 days ago.
Hello Jim,
I can't really thank you enough for that, hugely appreciated. I'm going to crack on with it now.
Thankyou once again,
Best wishes,
Fiona.

No problem at all, let me know if you encounter any issues with them.

Have a good day.

Jim