Damage by courier

northerner25

Hi, I'd appreciate some advice on my predicament.

I made an order through a well known department store last month, the courier who delivered it damaged my driveway with a lot of oil from his van.

I complained to the department store who have washed their hands of it and told me to contact the courier. The courier in turn told me it was a subcontractor they'd hired and he admitted fault (but all communication has been through them). This all took several weeks, by which point I'd attempted cleaning the oil multiple times and the end result is my driveway has multicoloured flags!

If I take the matter further, to whom do I make the claim? It seems each company is having nothing to do with it, but my original contract was with the department store?

Valli

My understanding of this is that you claim from the dept store, with whom, as you say, you have a contract.

BUT you need to quantify your claim so you could either get a professional company in to clean or replace the flags (paving slabs) as appropriate; having taken photos and get receipts or get a quote from them for cleaning/repairing - make sure it's a firm quote which will stand for, say, 180 days so that when you get the money you can get them in to do the work.

Retain copies of all communication and/or phone records (to whom you spoke, when, what was discussed) and then send the Dept Store a LETTER BEFORE ACTION outlining what you are claiming (cost) and, briefly why (because your contract was with them). Give them a timeframe (eg14 business days) in which to settle. You will need to present your evidence if the case goes to court.

IF they then ignore you escalate immediately to small claims court. At this point you will increase the amount your are claiming from them to include the cost of bringing the action.

There's a link at the top of this page...scroll above your post (post#1) where it says QUICK LINKS and mouse over the blue text Small Claims Court.

or Google MONEY CLAIM ONLINE

halibut2209

But be prepared for a battle as they could say that you inflicted further damage by attempting to clean multiple times

marliepanda

I imagine you need to sue to subcontractor or the courier company, not highly versed on the law, but its not the department stores fault.

The department store had a contract to get the item to you. They did that.

If he had crashed into your house, it wouldnt be their fault.

halibut2209

I disagree. The person responsible is the person to whom you gave the money. I would consider the courier having a functioning vehicle to be part of the contract. You would need to claim from the store, and then they in turn would need to claim from the courier company, who then in turn could claim from the driver if he was negligent in the upkeep of the vehicle.

George_Michael

marliepanda wrote: »

I imagine you need to sue to subcontractor or the courier company, not highly versed on the law, but its not the department stores fault.

The department store had a contract to get the item to you. They did that.

If he had crashed into your house, it wouldnt be their fault.

If you bought something for postal delivery and when it arrived, the postie smashed it by forcing it through your letterbox, who would you look to for getting your money back or a replacement item?
You are correct in stating that it's not the department stores fault, but as the courier was acting as their agent, it is the department stores responsibility to sort the problem out.

halibut2209

That's slightly different in that the item is definitively part of the contract, but you are right in that your recourse would still be with the seller.

malchish

I do not think the compensation is responsibility of the retailer. The same way as if the delivery van had damaged your parked car, this is an accident (oil spillage) , and so they delivery company is responsible, not the retailer. The accident is irrelevant to a sold item, which has been safely delivered.

The retailer must be responsible for a damaged item sold, not damage to property caused by vehicle, even their agent - since they are obliged to deliver a perfect product to you, intact, and that's it. Or, if their item damages your property, they are also responsible.
But for oil spillages, scratched bumpers, etc- itt is a direct responsibility of a courier company.
You need to complain/sue the delivery company , not the shop.

malchish

marliepanda wrote: »

I imagine you need to sue to subcontractor or the courier company, not highly versed on the law, but its not the department stores fault.

The department store had a contract to get the item to you. They did that.

If he had crashed into your house, it wouldnt be their fault.

This is correct. And if courier steals your dog, etc. - it is not the retailer's fault.
you have a good chance of winning against the courier.

malchish

halibut2209 wrote: »

That's slightly different in that the item is definitively part of the contract, but you are right in that your recourse would still be with the seller.

I is not part of the contract that a courier will be forever accident free. Couriers have their own insurance for such instances.

unholyangel

malchish wrote: »

I is not part of the contract that a courier will be forever accident free. Couriers have their own insurance for such instances.

OP has a contract with the retailer - they have a duty to carry out their obligations with reasonable care and skill. If they employ a third party to carry out their duties for them, then they are liable if that third party breaches that duty.