MCN

Can I claim Q for part lost in transit?

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I recently sent my rear wheel to be refurbishe­d. It was hand delivered to a wheel straighten­ing company to remove the sprocket carrier. This they did and then boxed up the wheel, which was collected by a separate wheel painting company. The company had a courier collect the wheel and repainted it, before returning it to me by courier. I opened the box and immediatel­y noticed the sprocket carrier was missing. The first firm assured me that they placed it with the wheel. The second state that they did not receive it with the wheel and assumed I didn’t want it painted.

‘A court could say that neither firm is responsibl­e for your loss’

Both companies have searched their premises and enquired with the courier, but to no avail. What can I do? The £1200 wheels are useless without the carrier. PW, by email This will depend on who A instructed the wheel painting company. If it was the wheel straighten­ing company, then they are responsibl­e for the missing part. If you arranged it, it is more difficult and you will have to consider suing both. They will likely both deny it was them. That could lead to a court saying you have not shown, on the balance of probabilit­ies, either one was liable for your loss. You say the wheelset is useless without the sprocket carrier but I wonder whether it is still worth something. If so, you have to deduct the residual value from the £1200 and that is your loss. Because of the value of the claim, recovery of legal costs will be strictly limited.

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