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Feltwad

Making a Claim

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    100_2006.JPG.1a83940b6c899566df55f272bcbdfc92.JPGIn November I bought from auction  a obsolete  D/B  percussion gun. after a fortnight  I received the gun by Parcelforce  which in transit was broken in two pieces .I contacted the auction house and explained what had happened and complained  about the wrapping of the parcel which was a small amount of bubble wrap covered with a sheet of corrugated card board The answer from the auction house after a week of trying to contact them was the gun was ok when left it must have been damaged in transit claim of Parcel  Force . On contacting Parcel Force to claim I received a email from them which said has I was the receiver it is the sender who must make the claim . I have contacted the auction house but have yet had no reply it looks like I will be the looser. see images

    Feltwad

    100_2007.jpg

    Edited by Feltwad

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    Depends if the sender insured it, often it's peanuts, but it does indeed lie with the sender as they paid for the delivery the contract is with them and parcel force not you

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    Looking at the picture it looks like it is only wood damage, as I presume it will only be a wall piece why not repair it with some wood glue, or is there more damage we cannot see?

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    21 minutes ago, old'un said:

    Looking at the picture it looks like it is only wood damage, as I presume it will only be a wall piece why not repair it with some wood glue, or is there more damage we cannot see?

    wall piece or not it was in one piece when he bought it so should be in one piece when he received it

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    I still think that most of the fault is with the auction house with poor wrapping for a gun to be wrapped with a small amount of bubble wrap and covered with one sheet of  corrugate cardboard   with no fragile tape just brown parcel tape on the join is not enough it should have been packed in a strong cardboard box with fragile tape

    Feltwad

    100_2006.jpg

    Edited by Feltwad

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    1 hour ago, andrewluke said:

    wall piece or not it was in one piece when he bought it so should be in one piece when he received it

    Exactly, it's the senders responsibility to see it arrives safely or reimburse.

     

     

    mike

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    It is the usually sender who pays the carriage company the postage/freight fee, so any 'contract' would be with the sender (not the recipient).  (The exception would be where you have arranged collection).

    Standard Parcelforce compensation is low and has a whole loead of exclusions (which may well include antiques, firearms of any description)  What I think you need to look at is your 'contract' with the auction house, specifically the small print around their delivery service.  Since they know the 'value' - then they are well placed to insure it for the correct value, and I would have thought should do so unless specified otherwise.

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    In order to complete the contract I would have thought that it was the vendors (Auction house) responsibility to get the buyers goods to them in the condition in which they were offered for sale and subsequently sold? It is up to the vendor to claim back articles damaged in transit.......from the carrier.

     

    As to the 'goods'........Look also into the 'distance selling regulations' these give you the legal right (14 days I believe?) to reject the goods for any reason, but this regulation is time limited, so if applicable I would do so in writing immediately!

     

    scrub this re Distance selling regs, just checked and auctions are exempt!

    Edited by panoma1
    Update

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    the sender has the contract with the delivery company, your grief is with thee auction house. they need to deal with the insurance side of things with the delivery company. the problem they will have is the delivery company will ask for all the packing so they can decide if the item was packed correctly. most of the time they say poor packing to get out of it.

    full money back, and return postage or repair, which ever is the cheapest.

     

    i'm not 100% on this but i have a feeling your are also covered under the long range consumer act as well. quick call to trading standard/citizens advice.

     

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    Gordon this is a great shame, as someone else noted; the gun survived all these years only to be broken through poor packaging.

    Sadly you might end up the loser in this case if auctions are exempt. I know your own skills are more than up to the task but if you cant get into your workshop, I'm sure I can sort it out for you, you have my details if you need me! 

     

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    Bring it down to the auction house on a day of a auction and make a scene tell them you want  your money back or you won't leave you bought the gun and they posted it with bubble wrap they have a duty of care towards the customer

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    57 minutes ago, Gerry78 said:

    Bring it down to the auction house on a day of a auction and make a scene tell them you want  your money back or you won't leave you bought the gun and they posted it with bubble wrap they have a duty of care towards the customer

    this may be the only way you won't get any where with parcel force they will just blame the auction house for insufficient packing, my company has made one successful claim out of maybe 80 with parcel force due to a driver dropping a £1200 coffee machine over a 6ft gate good old cctv

    dave

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    You have a right to  refuse them goods off the auction house as they are damaged, it’s your statutory rights, if I were you I’d contact trading standards.

    Edited by E.w.

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    40 minutes ago, Feltwad said:

    Received a email from the Auction house they are going to proceed with the claim for damage to Parcelforce .

    Feltwad

    That's their problem!.........You are entitled to an immediate full refund, as someone else said speak to trading standards.

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    On ‎15‎/‎12‎/‎2017 at 19:47, Feltwad said:

    I still think that most of the fault is with the auction house with poor wrapping for a gun to be wrapped with a small amount of bubble wrap and covered with one sheet of  corrugate cardboard   with no fragile tape just brown parcel tape on the join is not enough it should have been packed in a strong cardboard box with fragile tape

    Feltwad

    100_2006.jpg

    I cannot offer any advice what so ever as there are a lot of good guys on the forum far more up to it about legal matters than  I am, but if I was in Feltwads shoes I would be gutted  thinking as already mentioned it has survived possibly over a century only to come unstuck in the postal service.

    I have seen photos of Feltwads collection on vintage fowling guns and what a fantastic job he do trying to preserve our fowling history.

    I hope from the bottom of my heart you get a satisfactory outcome , GOOD LUCK and I wish you All the best.

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    I recently used a MSE template letter to claim against goods delivered late. I got a full refund on day 12 of the 14 days my rights allowed. I know your issue is for damaged goods, but I remember seeing something about how to deal with that as well.

    The following link will get you somewhere near the advice/guidance your looking for...

    https://www.moneysavingexpert.com/shopping/delivery-rights#retailer

     

    Good luck :)

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    8 hours ago, J D Hunter said:

    I recently used a MSE template letter to claim against goods delivered late. I got a full refund on day 12 of the 14 days my rights allowed. I know your issue is for damaged goods, but I remember seeing something about how to deal with that as well.

    The following link will get you somewhere near the advice/guidance your looking for...

    https://www.moneysavingexpert.com/shopping/delivery-rights#retailer

     

    Good luck :)

    Thank you for that information  I will give it a try ,at present I have approached trading standards but are still waiting for a reply if I get one .

    Feltwad

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    It has been a up hill struggle but with advice from Trading Standards and members  the  Auction House has honoured  my claim for damaged goods 

    Feltwad

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