Argos telling me to claim from delivery drivers

prowla

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. 

mattyprice4004 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?

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

The customer's contract is with Argos; the fact that they outsourced part of their service is irrelevant.

Manxman_in_exile

Is this a s75 claim though?

I'm not convinced this is a contractual claim - unless the argument is that Argos (through their agents) failed to use reasonable skill in performing the contract and damaged the OP's property.  I'm not certain that's what the OP should be claiming.

If I were the OP's CC company and got a claim from the OP, I think I'd be saying this has got nothing to do with the purchase contract and its funding - rather it's a negligence claim agianst Argos and their agent.

Doesn't any s75 claim have to be based on contractual or consumer rights, not negligence?