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Bike damaged in transit

by Nixster
Tue, Jan 21, 2014 15:11
5

Hello all - not been a member long however I now find myself in need of advice so I am calling on the wisdom of the good people on here.

I have just excitedly opened the box on my new eBay purchase of a Cannondale Supersix to find that the down tube has been badly scratched in transit, I think by the skewer of the wheel that was in the box with the bike. Needless to say I am 'gutted'. I have contacted the seller and wait to hear from them however I would be grateful for any advice from people who have found themselves in this situation before as to what I should be doing to protect myself.

Circumstances are that rather than collect the bike, I arranged for a courier to collect from the seller, including arranging for insurance. The packing isn't too bad - it's in a bike box, bars removed and zip-tied to the top tube, some bubble wrap on the frame and the front wheel wrapped in black cling-film. Unfortunately the skewer was still in the wheel and the threaded end of the skewer has scratched the down tube pretty badly over an area of about 4-5 cm long by about 2 cm wide. It doesn't look structural (famous last words) but is through the paint in places.

Fortunately it is insured in transit as I say but Parcelforce t&c say up to 8 weeks to resolve the claim and must have proof of value and I am concerned that they will simply say it was badly packed.

Any advice on next steps?

If you're new please join in and if you have questions pop them below and the forum regulars will answer as best we can.

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5 comments

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Nixster | 11 years ago
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Thanks for everyone's responses. There is some damage to the exterior of the bike box so I am pursuing a claim with Parcelforce in the first instance although I have yet to hear from them.
Sales details were 'collection only or arrange your own courier' and I confirmed with the seller that he would package so the bike 'arrived in good condition' before making payment so I consider that a condition of the sale.
I think it would be unwise to say more at this point but I will let people know what happens if there is any interest in that.

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andycoventry | 11 years ago
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This is probably not what you want to hear.

If you bought it on Ebay and paid for postage then the seller is liable as the 'point of sale' and it not getting to you as described. However, as you arranged arranged your own courier the seller is responsible only until it is collected, at which point the duty of care lay on the courier.

The seller will say it was packed perfectly and was spotless when they dispached it so the damage must have been done in transit, and you have no idea how the parcel was handled once it left the seller.

With the absence of damage to the outside of the packaging I doubt Parcelforce would accept any form of liability - stating it was packaged incorrectly.

You have no way to prove either is incorrect so you are stuck in limbo.

Lodge a complaint with Ebay, stating the item is not as described - you need to do this to start the ball rolling. Also start the complaint procedure with Parcelforce - the ebay sale confirmation is proof of value, you cant claim market value if you got a bargain, only the sale value. If you paid more than its worth then they may query the value. It will depend on how generous the courier is and how much they want to investigate.

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Gkam84 | 11 years ago
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The problem is, I'm guessing that it was advertised as "collection only"

You couldn't collect, so you arranged a courier to do that for you.

It should still be up to the seller to package it, but I can't see much come back, because it was collection....

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jova54 | 11 years ago
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Did you pay for the packing and transit?
Did you take any pictures of the packing?
The seller has a responsibility to ensure things are properly packaged. If there is no damage to the packaging then Parcel Force won't be interested, it could have been scratched before they collected it for all they know.
Your claim will need to be against the seller and probably the best course is to reject it as unfit for purpose and ask for your money back.

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Metjas | 11 years ago
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that's really bad news. If you have paid on ebay using Paypal then you should be covered I assume as the item is not as described when you opened the box.I assume there was no external damage to the bike box, in which case it's hard to see how Parcelforce will acknowledge any wrongdoing in terms of handling.

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