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Can't make 2 small claims

  • 27-09-2023 4:01pm
    #1
    Firblog
    Registered Users, Registered Users 2 Posts: 2,203 ✭✭✭


    Hi,

    I got a courier company to collect & deliver a pallet of goods to Spain - I took out extra insurance with them (to cover to val €500) as I had a couple of bits on there that would cost that to replace. The company was supposed to deliver the pallet within 8 days - It took 25.

    I'd wrapped the pallet in black plastic - like a bale - to protect from water as it was outside the house waiting to be collected in March; it wasn't until this was taken off that the damaged items were noticed, delivery guy gone at this stage.

    I contacted the company and told them of the damage that day, they said they'd investigate and contact their insurance company - normally take 12 weeks to sort; 18 weeks later told me they wouldn't pay out.

    I started two small claims - one for damage to goods, and one for not delivering within 8 days as advertised.

    Court has said that I cannot do that, can only claim for one or the other; surely that cannot be right?

    If they'd delivered on time, I could claim for damage; If there was no damage I could claim for delay, If i'd insured the goods with a different insurer I could take them to court ? Why can I not claim for both the damage and the failure to deliver on time? Surely - as I paid extra for the insurance - they are 2 different transactions?

    I haven't contacted the clerk of the court yet to discuss, so would appreciate hearing the views of people here before I do.

    Cheers



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