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[OM] Re: OT: in the UK, who is responsible for goods damaged in transit?

Subject: [OM] Re: OT: in the UK, who is responsible for goods damaged in transit?
From: "David Bell" <david.w.bell@xxxxxxxxxxxx>
Date: Fri, 22 Feb 2008 10:28:25 -0000
Chris,

You said the buyer advised of the damage and has only now asked for refund. 
Was this two separate communications?

How did the sale come about? Did your son advertise? I assume this was not 
an e-bay transaction. Was there a written contract of sale? How was it paid 
for? Was there an exchange of e-mails which could be included in the 
missives of negotiating the contract?

Don't think these cases are clear cut however the delay in advising your son 
that the goods were damaged is in my view unreasonably long. Is the cost to 
put right the damage within the £150 limit, in which case it may be simplest 
to get a claim in and put the damage right?

Dave


----- Original Message ----- 
From: "Piers Hemy" <piers@xxxxxxxx>
To: <olympus@xxxxxxxxxx>
Sent: Friday, February 22, 2008 9:02 AM
Subject: [OM] Re: OT: in the UK, who is responsible for goods damaged in 
transit?


>
> You didn't forget, Chris, and that is just my point - the buyer is in a 
> very
> weak position, beacuse (practically) he can't sue.
>
> --
> Piers
>
>
> -----Original Message-----
> From: olympus-owner@xxxxxxxxxx [mailto:olympus-owner@xxxxxxxxxx] On Behalf
> Of Chris Barker
> Sent: 22 February 2008 05:29
> To: olympus@xxxxxxxxxx
> Subject: [OM] Re: OT: in the UK, who is responsible for goods damaged in
> transit?
>
>
> Thanks for replying, Piers.  I might have forgotten to mention that the
> claimant is in Northern Ireland.
>
> Chris
>
> On 21 Feb 2008, at 22:06, Piers Hemy wrote:
>
>>
>> You have already received sage advice, Chris, but I would just take up
>> your closing words.  The Samll Claims procedure will only help if the
>> case is (claimant and respondent are) within England & Wales (yes,
>> Scotland
>> *is* a
>> separate jurisdiction, always has been).  In this insrance, I think
>> the final words from your son might have to be "no, you have left it
>> too late, and if you ain't satisfied, sue me."
>>
>
>
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