Argos telling me to claim from delivery drivers

ripplyuk

@pbartlett Thanks. I’ve already got the estimates. Argos asked for them. That’s why I was surprised when they suddenly said it’s not their problem. Up until that point, they were very involved and kept apologising. 

I expect the card company will try to refuse too so I’m not sure if it would be quicker using them or the small claims court. I guess the courts have long waiting lists too though. 

GrumpyDil

I would try the credit card company first as that is likely to be quicker.

Make sure they understand this is a S75 claim and not a charge back. 

pbartlett

Don't forget to let us know what happens

neilmcl

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?

They're totally responsible as they're acting as their Agents.

neilmcl

Many years back I had a similar issue with fridge freezer purchased from Comet (remember them 😁). The delivery team wheeled the FF on it's own plastic castors from the front of the house to the kitchen at the back leaving a track etched in to my fairly recently laid (year old) wooden floor. I was not best pleased.

At first they tried to deny it but eventually the local store manager dealt with it and after some to and fro with their insurance provider I ended up with a cheque for around £2K.

Manxman_in_exile

neilmcl said:

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?

They're totally responsible as they're acting as their Agents.

This ^^^^^^^^^^^^.   In the OP's situation I would say the complaint is against Argos.  I pointed out in another thread that if principals (in this case Argos) can't be held responsible for the negligent actions of their agents, then there would never be any incentive on principals (in this case Argos) to use competent agents - they could just use any old cowboys with impunity.  (Which of course is what happens if people swallow the line about:  "Oh - well you'll have to complain to the delivery firm - nowt to do with us".)

Also - any claim for damage to the OP's property has nothing to do with any contract relationship or lack of one - it'll be straightforward negligence.

lisyloo

ripplyuk said:

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. 

I am fairly sure it won't if you are just getting advice (and not making a claim at this point), but it's a good thought and worth checking.

ripplyuk

I’ve just had a call from the manager of the delivery company (although it was a different name than the one Argos gave me 🤔). He’s quite local and has offered to personally deliver a cheque for the full value of the estimate, on Saturday. I’d be delighted if he keeps his word. 

It’s quite a coincidence. I was literally dialling the number for my card company to do the section 75 claim when the phone rang. It makes me wonder if they read this forum. 

ripplyuk

Another update. The manager of the delivery company never turned up. Argos are still insisting that they are not responsible and I must claim from the delivery company. 

Could anyone help me find a template for a letter before action that would be suitable for this sort of thing? I’ve looked on the main site but can’t find anything. 

Jenni_D

Plenty of templates via Google. An LBA simply needs to be succinct and clear, outlining what you expect, by when, and a summary of why you'll be bringing a claim. In other words a bullet list of points. No need for War and Peace.

Of course you can still pick up the S75 phone again.