Argos telling me to claim from delivery drivers

ripplyuk

I recently bought a fridge freezer from Argos and the delivery drivers caused a lot of damage to my flooring. I wrote to Argos and at first, all was going well. There was a few emails back and forth with them asking for all the details and then they asked me to get two quotes for replacement flooring (It’s beyond repair). The flooring is almost 2yrs old so of course I wasn’t expecting Argos to pay the full value, which I made clear to them. 

However, suddenly they have decided it’s not their problem. I got an email saying that it’s the delivery company’s responsibility and I need to claim from them (They didn’t even provide contact details). I’m sure this isn’t true and wrote back telling them so. They wouldn’t budge so eventually I asked for a deadlock letter. Argos replied saying they ‘are not affiliated with any ADR scheme or ombudsman so a deadlock letter is not applicable’ and they won’t issue one. 

I was never planning to go to an ombudsman or ADR scheme. I want to use the small claims court and I wanted the deadlock letter because I know courts like to see that efforts have been made to resolve the problem first. Could anyone advise me on what to do? Should I just go ahead and file a small claim? Should I send a letter before action first or is that pointless now? 

lisyloo

Why do you think Argos are responsible for what the delivery people did?

have you checked your home insurance to see if you have access to free legal advice?

JJ_Egan

OP did you pay Argos for delivery or was it fre Argos delivery .

If so LBA  letter before action/ claim then proceed to court .

ripplyuk

lisyloo said:

Why do you think Argos are responsible for what the delivery people did?

have you checked your home insurance to see if you have access to free legal advice?

Because I have no contract with the delivery people. My contract is with Argos. 

Yes, I do have legal advice with my home insurance but I’m reluctant to use it in case it puts the premiums up. 

ripplyuk

JJ_Egan said:

OP did you pay Argos for delivery or was it fre Argos delivery .

If so LBA  letter before action/ claim then proceed to court .

I paid Argos £20 but I think that was for ‘installation and recycling’, not the actual delivery. Or maybe delivery was included in that. 

Carrot007

If the delivery company will help then it will be a lot faster than addding another cog.

For inastance when sewerage was sent up my toilet by an idiot contractor I just talked to his company and not my water company. Well I also contacted the water copmpany to get the waste charge refunded for the year, but for putting things right just the contracted company.

Many times sub contractors will present themselves as the main company anyway (which they should do if contracted to).

However if the company is not helping then yes, go back to Argos.

Jenni_D

How did you pay for the FF? Credit card? If yes then you can raise a S75 claim against your card provider ... S75 of the Consumer Credit Act 1974 makes the credit provider jointly and severally liable for the performance of the contract. Thus any claim you have against the seller you have an equal claim against the credit provider.

mattyprice4004

lisyloo said:

Why do you think Argos are responsible for what the delivery people did?

have you checked your home insurance to see if you have access to free legal advice?

Why do you think they're not? 
Argos took the payment, Argos contracted the delivery out - so it's Argos' problem.

ripplyuk

Jenni_D said:

How did you pay for the FF? Credit card? If yes then you can raise a S75 claim against your card provider ... S75 of the Consumer Credit Act 1974 makes the credit provider jointly and severally liable for the performance of the contract. Thus any claim you have against the seller you have an equal claim against the credit provider.

Yes, I used a credit card and bought it online. 

Would the card company be liable for this sort of damage? I wasn’t sure if they were only liable for the product itself. 

Jenni_D

Please reread what I wrote - especially the last sentence.  

pbartlett

Agree with Jenni - it is totally 100% Argos's problem as they contracted and paid the delivery company.

First step is to get an estimate (or 2) to repair the flooring and whilst waiting for this tell your CC company you intend to claim under S75. but are just waiting for the estimates.

Once you know the amount, raise a S75 claim with the CC company (your alternative is LBA and small claims court against Argos)

If the CC company refuse, or start saying it is not their problem, then raise a formal complaint with them.

The bottom line is that Argos and the CC company are jointly and severally liable for this mess.

PS don't contact the delivery company you have never used them.