Can I claim Q for part lost in transit?
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. 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
A This will depend on who 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.
‘A court could say that neither firm is responsible for your loss’