Damage to property during delivery

RedFraggle

Hi
We had a fridge freezer delivered today and they have damaged the floor wheeling it across the room (12 foot indented tramline in an oak floor). I have filed a complaint with Currys (yeah, good luck with that I know) but having paid by Barclaycard is there any mileage in also lodging it with them? I know if the goods were damaged I'd have additional rights via the credit card provider but I'm not sure if it extends to damage during delivery.
Thanks

halibut2209

No, your claim is purely with Currys. Or it might be with the deliverymen personally depending on what was agreed in your contract with Currys. If it was just delivery, then Currys have no liability. Did they offer to wheel it in, or did you ask?

Whatever happened, Barclaycard have zero liability on this.

shaun_from_Africa

I disagree.

Depending on the terms of the contract of sale, Barclaycard may be liable for rectifying or compensating for the damage.
If the price of the freezer included the cost of delivery (or if it was free delivery) and it is deemed that the delivery agent caused the damage due to negligence, then S75 may well apply.

If Section 75 of the consumer credit act applies, it makes the credit supplier equally liable for any breeches of the contract and their liability isn't limited to the cost of the goods alone.

Hintza

Are you sure you have an oak floor?

RedFraggle

Thanks. Will give Barclaycard a call and log the incident with them.
They wheeled it in, I offered the back door access and specifically said will the floor be ok and they said "yes it's on wheels it will be fine".
And yes, it is an oak floor, my husband is a joiner and he fitted it.
It was Currys own free delivery.

aldredd

Hi RedFraggle

we recently had a similar experience, though with a different company. The company were a nightmare, but ultimately they put is in touch with their logistics company, which I wasn't keen on (passing the buck) but actually they had a pretty well established process for this type of thing and have been pretty good about it. Still going through the process but they've admitted liability and will pay for the floor to be replaced.
in the meantime, the damaged fridgefreezer they were trying to deliver still isn't resolved

bris

Sounds like the floor is the product not fit for purpose, a solid oak floor should be able to accept traffic such as this, I can see why Hintza asked the question.

Regardless you can ignore post 2 as the CC becomes jointly liable for all apects of the purchase which includes consequential lose which this is, or at least could be.

pelirocco

your claim will be against the delivery company , you need to contact them asap

RedFraggle

neilmcl

bris wrote: »

Sounds like the floor is the product not fit for purpose, a solid oak floor should be able to accept traffic such as this, I can see why Hintza asked the question.

Rubbish. All wood flooring will dent/mark (as can now be seen in the above post) if there's enough pressure placed on it, regardless of whether it's hardwood or not.

OP, been there, done that, but with Comet back in the day. They wheeled my new fridge freezer on it's castors all the way through my house causing the exact same damage as yours. In the end I got them, well the insurer anyway, to pay for a whole new floor. Was a little bit of hassle to begin with to get the store to admit liability but once up the chain it became easier.

neilmcl

pelirocco wrote: »

your claim will be against the delivery company , you need to contact them asap

Wrong. Unless the OP arranged the delivery themselves, their claim will be against the retailer.