Help/Guidance Needed : Problem with Courier Company

tambrose

Hello, I am new to this forum and am looking for some sound advice. I had to contact the manufacturers of some specialised work equipment that I own that was in need of a repair. They are the only people that I can use as they are the makers and only repairers. They hold the account with the couriers but I had to complete and sign a standard form confirming that the couriers would be calling to pick the equipment up and that the manufacturers/repairers do not hold any liability for any damage. To cut a long story short, the equipment reached its destination ie the manufacturers/repairers and I received a telephone call from them to inform me that the equipment had been received damaged. I immediately contacted the couriers who sent me over a claim form to complete and to my surprise when it was sent to me it contained all of the manufacturers/repairers bank account details and account number. I questioned this with them and they then, two days later, sent me over a blank one to complete. A week or so later I was asked for photographic evidence and also confirmation in writing of the cost of the repairs, all of which was sent off to them. As the claim was lodged with the courier company back in April I chased them about a fortnight ago to obtain an update and was very surprised and frustrated to be told that they could not discuss anything with me as I was not the account holder but a "third party". I immediately challenged this by telling them that they had accepted a claim form from me although I wasn't the account holder but they refused to talk to me. I recently wrote a letter of complaint to their Head Office and they have basically come back with a really petty excuse and said that it was an oversight on their part and the icing on the cake was to receive a letter from the manufacturers/repairers to be told that my claim had been refused. The reason being was that the wrapping was not found to have had any damage to it so they are not accepting liability.

I have since written to Head Office to complain about their incompetency as to why they accepted my claim to start with when I was not their customer (but a third party) and all keep on about is their terms and conditions.

I am wondering whether I have any rights under the Contracts (Rights of Third Parties) Act 1999 and whether I can take this further. I do not see why these couriers seem to be able to do what they like and get away with it.

If anybody has any sound advice and especially with regard to the above Act I would be very very grateful.

Best wishes
Terry