[The Hodges]

First of all, thanks for reading this far. I am hoping that someone here can assist with a shipping problem...

Our belongings (or stuff as I refer to it) turned up a few months ago, but on unpacking it, we found various bits of damage. This included a chipped corner and legs to our oak table, coffee table and a scratched and broken bed.

We immediately advised our shippers, who forwarded on their claim on to their insurance company. We arranged for quotes for replacement and repair and we have claimed for repair to the oak table, but as the laminate coffee table and bed are a write-off, we are claiming for their replacement.

However, the insurance company have advised us that as the coffee table is still useable, they will only pay compensation. And although they have said that they will pay for a new bed base, they will not offer the shipping of it from the UK (we can’t buy a base in NZ as our mattress will not fit it) and they will leave the shipping company to pick up this tab (who broke our stuff in the first place). Furthermore, we have been told that the shipping company will pay any tax, as the bed will be new, and any MAF charges.

This strikes me as being preposterous, as I’ve pointed out to the insurer. We insured the shipping costs, so why don’t they pay us the shipping costs, and we itemised the bed on the insurance form £1,000, but they are only offering half this. Also, they are only offering us 60% of the cost of replacing the coffee table.

I would have thought that if we insured the shipping costs, then we should be offered this and also there is nothing in the terms and conditions offering compensation.

The only thing that the insurer has sensibly suggested is that we have the right to complain, but before we do so, I thought I’d ask if anyone has any advice.

Thanks in advance.

[nippa&pippa]

Of course you have right to complain! When my OH was working for direct line, he deal with lots of car complains. He feel that operators is blame as they don't see how bad the damages is till my OH was sent out to inspect it as part of his job.
Have you took photos of damages (i would presmuse so as they usually request for it?) to show them?
We also had few items damaged during shipping, and most of items, we claim 100% back apart from our fridge and freezer because accord to them, it is still workable (which is true), just the cosmetic damage (on doors and top of fridge and freezer) got dent and holes in it. So they pay 50% for replacement the whole new set after I pointed out that door replacements is not available in NZ!! We accepted the claims as it is not that bad damage like your bed..
Only I can suggest to meet half way, will they prepare to pay for whole new bed including mattress to fit the bed that brought in NZ as there won't be any shipping charge for themselves to send new bed base from UK? Give them two choice, £1,000plus for whole new bed & mattress brought in NZ or etc..
Same for table etc..
hth

[Milliemoo]

First things first.....

What does it say in your terms and conditions about 'in the event of a claim'? Are you insured new for old ?

The fact that they are saying that the coffee table is 'still useable' suggests that there will be a definitation of 'broken' and 'damaged' in your T&Cs that they are using....but I would have thought that it would come under 'damage' and as such should be repaired. This all depends on the type of insurance you took out and the T&Cs you signed.

I think being insured for 'shipping costs' covers your costs for the shipping if your making a full claim eg: the container goes overboard.

With regards to the bed, I think there will be a clause in the T&Cs that states that replacement will be in the country the goods are shipped to ie: NZ, so I wouldn't expect them to cover the costs of shipping out a new bed base. This is why it's important that when you do your inventory that you put down the replacement costs of items in NZ. I would have thought that you'd be able to negociate the cost of a new bed base from NZ and if that's not possible a new bed.

Never take their first offer! They will always and I mean ALWAYS try to get out of paying you money. Even if it's just a wee bit. I had to go backwards and forwards about 6 times before agreeing a settlement that I was happy with when I made a claim for our plasma TV.

I hope you get it sorted, but you need to read the T&Cs very carefully and stick to your guns. Don't accept something with a view to complaining later. Make sure you only accept and offer that you think is reasonable and acceptable as per the T&Cs you've signed up to.

Milliemoo

[tiefchord]

Can the bed base not be repaired? Are we talking the box frame usually underneath the main mattress? Surely this could be repaired couldn't it?

[The Hodges]

Thanks for your replies so far.

Have you took photos of damages (i would presmuse so as they usually request for it?) to show them?

Yes, we did and emailed them over to the insurer. I do not think that they are disputing the damage, just the cost.

Only I can suggest to meet half way, will they prepare to pay for whole new bed including mattress to fit the bed that brought in NZ as there won't be any shipping charge for themselves to send new bed base from UK? Give them two choice, £1,000plus for whole new bed & mattress brought in NZ or etc..

We suggested that they pay for a new NZ bed, but they refused on the pairs and sets clause. So we’ve had to settle on the UK supplied bed…

What does it say in your terms and conditions about 'in the event of a claim'? Are you insured new for old ?

The T&Cs state: "REPAIR OR REPLACEMENT: Underwriters shall be entitled at their option to repair or replace any article lost or damaged (whether wholly or in part) or to pay cash not exceeding the insured value thereof. Underwriters may require proof of ownership and/or value of any items claimed missing."

I understand that this means the insurer will pay for the repair, replacement or cash, limited up to the insured value. I understand that the cash is not limited buy a percentage for compensation due to damage. Does anyone else agree/disagree?

will be a definitation of 'broken' and 'damaged' in your T&Cs that they are using

There is no definition of 'broken' or 'damaged'.

I think being insured for 'shipping costs' covers your costs for the shipping if your making a full claim eg: the container goes overboard.

But it doesn’t say that and the insurance company are not disputing the shipping costs. What the insurer has said is “With respect to the costs of shipping, I would advise that you have insured yourself against the charges of that particular mover, ie the sum insured represents the charges invoiced by Robinsons [oops I’ve given the company away]. As such, the policy cover is applicable to Robinsons and no other mover. In any event, we would request that the mover forward their invoice for the shipping charges (and all other costs involved) payable to Insurers, and payment would be made directly by Insurers to the mover.”

Does anyone have any views on whether this means that we can get another shipper to move our bed, as long as we get them to invoice the insurers directly? Presumably this goes for the Customs and MAF charges too…

With regards to the bed, I think there will be a clause in the T&Cs that states that replacement will be in the country the goods are shipped to ie: NZ, so I wouldn't expect them to cover the costs of shipping out a new bed base. This is why it's important that when you do your inventory that you put down the replacement costs of items in NZ. I would have thought that you'd be able to negociate the cost of a new bed base from NZ and if that's not possible a new bed.

The T&Cs state that "VALUATION CLAUSE: The household goods and personal effects insured must be valued at the new replacement cost at destination as supported by a complete valued inventory." We insured the bed for £1,000, which is the replacement cost in New Zealand (the new UK base, plus shipping and costs). We have tried to get the bed repaired, but they cannot guarantee to match the wood.

If anyone has any useful pointers, they would be appreciated.

Cheers. :cheers

[Milliemoo]

Hi,

With regards to the coffee table, if there's no mention of part payment in respect of compensation in the T&Cs (and from what you quote, it looks like straight forward repair or replacement) then I'd say they're trying to fleece you. They can't deny that the table is damaged, so if the can't repair it, then they have to replace it. If they replace it, they will more than likely take away the old table to try and recoup some costs. Stick to your guns on this one. Ask them for the section in the terms and conditions which refers to 'compensation' for damaged items. Make sure you have all corospondence in writing/email. Try not to discuss the claim too much on the phone. It's a lot easier to make your point and get them to explain their's using email/mail. What they're probably trying to do is offer you compensation for the table thinking that your still happy to use it, so they think that you're getting a good deal plus it's costing them less money. If you are not happy with this offer you are entitled to insist on them repairing it and if they can't, they must replace it.

With regards to the TV. You did exactly what I did with our plasma (which isn't available in NZ) and including shipping costs in the value. Unfortunately I think they can argue that the T&C's state "new replacement cost at destination" not "new replacement cost in UK plus shipping to NZ". It doesn't make it very clear, but I'm guessing both parties could argue both interpritations. What I'm surprised about is that they're happy to pay the shipping (direct to the moving company) and are not just buying you a new bed from NZ (assuming it can't be repaired). You'd think they'd take the cheaper option, rather than just quoting more clauses at you. I guess your best asking them directly whether you can use a different shipper.

Good luck

Milliemoo