Courier caused damage - Retailer wont help

brookero1981

Hi, im stuck in a dispute with a mattress company. On delivery the courier smashed our outdoor lantern (with my wife as a witness). At the time the delivery man took some photos of the damage and told us to contact the company we bought the bed from. On contacting the mattress company they told us the delivery company have said they dont remember causing any damage, and that without any footage of the incident it is "our word against theirs" and that there is nothing they can do. Are they right? What can we do? Its a very frustrating situation.

Mutton_Geoff

Letter before action to supplier (not courier, you had no contract with them) then follow up with a claim.

https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

brookero1981

Thank you so much for your help, thats really helpful, I wasnt aware of that process but will follow it. Below is my last email to them, which seems to fit in with the process as ive offered an alternative solution. Not sure how we can prove it though or how someone could rule in our favour - its so frustrating!

Again, appreciate your time.

I have had to take this over from my wife who, for a number of reasons, is unable to continue this correspondence. Before I take further action and provide more visible feedback I thought it fair to make contact and see if we can find a resolution. 

In summary, we ordered a mattress, on delivery the delivery company smashed our outside lantern. The delivery team took photos and told us to contact the retailer. 

1) Having read the trail I'm quite frankly flabbergasted that your customer services approach is its your word against ours, this gives me the impression that you are accusing my wife of lying or fabricating the whole incident. 

2) I do not believe that you seriously expect your customers to film your (or your chosen) delivery drivers as they arrive and work? Surely you appreciate how preposterous that is.

3) You should be aware that the Consumer rights Act makes you, the retailer, responsible for remedying the situation, so again I was extremely disappointed to see your company shift that responsibility to my wife. 

All this over a £30 lantern, that I could probably fit myself. I propose a goodwill gesture of £50 made payable to my wife to purchase a replacement lantern and for my time fitting it. 

I have been advised that 10 working days is sufficient time for you to provide a response. I have also been advised that this is a reasonable timeframe to make the payment and process the claim with your insurance company.

brookero1981

..and their reply this morning....just repeating what they have been saying all along.

Thank you for reaching out via email. We kindly request evidence indicating that the damage was caused by the delivery drivers of the mattress. Our conversation with the couriers revealed that no incidents were reported to them during or after the delivery. If you possess any video footage of the incident, please provide it for further investigation with the delivery services.

 

Look forward to your reply.  

Aylesbury_Duck

In the absence of you having any video evidence, you should do as advised above.  They'll probably react to a letter threatening legal action.  If they don't, you'll have to decide whether to take your chances in court.

user1977

brookero1981 said:

1) Having read the trail I'm quite frankly flabbergasted that your customer services approach is its your word against ours, this gives me the impression that you are accusing my wife of lying or fabricating the whole incident. 

I would probably tone down the "flabbergasted" stuff. Their stance is understandable if their only witness denies it happened. Would you expect them to take the word of every customer who makes a claim?

Ultimately it would be decided on the balance of probabilities i.e. whose evidence the judge prefers.

Pollycat

user1977 said:

brookero1981 said:

1) Having read the trail I'm quite frankly flabbergasted that your customer services approach is its your word against ours, this gives me the impression that you are accusing my wife of lying or fabricating the whole incident. 

I would probably tone down the "flabbergasted" stuff. Their stance is understandable if their only witness denies it happened. Would you expect them to take the word of every customer who makes a claim?

Ultimately it would be decided on the balance of probabilities i.e. whose evidence the judge prefers.

+1 to this ^^^.

Far too much extraneous comment in the OP's email.

cannugec5

brookero1981 said:

Thank you so much for your help, thats really helpful, I wasnt aware of that process but will follow it. Below is my last email to them, which seems to fit in with the process as ive offered an alternative solution. Not sure how we can prove it though or how someone could rule in our favour - its so frustrating!

Again, appreciate your time.

I have had to take this over from my wife who, for a number of reasons, is unable to continue this correspondence. Before I take further action and provide more visible feedback I thought it fair to make contact and see if we can find a resolution. 

In summary, we ordered a mattress, on delivery the delivery company smashed our outside lantern. The delivery team took photos and told us to contact the retailer. 

1) Having read the trail I'm quite frankly flabbergasted that your customer services approach is its your word against ours, this gives me the impression that you are accusing my wife of lying or fabricating the whole incident. 

2) I do not believe that you seriously expect your customers to film your (or your chosen) delivery drivers as they arrive and work? Surely you appreciate how preposterous that is.

3) You should be aware that the Consumer rights Act makes you, the retailer, responsible for remedying the situation, so again I was extremely disappointed to see your company shift that responsibility to my wife. 

All this over a £30 lantern, that I could probably fit myself. I propose a goodwill gesture of £50 made payable to my wife to purchase a replacement lantern and for my time fitting it. 

I have been advised that 10 working days is sufficient time for you to provide a response. I have also been advised that this is a reasonable timeframe to make the payment and process the claim with your insurance company.

Not preposterous at all. Nowadays video doorbells are pretty common and would/could have automatically recorded the incident. 

powerful_Rogue

How old was the light that was broken?

PHK

Pollycat said:

user1977 said:

brookero1981 said:

1) Having read the trail I'm quite frankly flabbergasted that your customer services approach is its your word against ours, this gives me the impression that you are accusing my wife of lying or fabricating the whole incident. 

I would probably tone down the "flabbergasted" stuff. Their stance is understandable if their only witness denies it happened. Would you expect them to take the word of every customer who makes a claim?

Ultimately it would be decided on the balance of probabilities i.e. whose evidence the judge prefers.

+1 to this ^^^.

Far too much extraneous comment in the OP's email.

I agree, the problem with pompous emails and pointless extra comments is that not only does it wind up the other party but distracts from the main point. 

Mutton_Geoff

I agree on the pompous tone of the email, I don't know why people fluff up like this (light becomes lantern etc). I am not sure you can claim for your own time. As another poster asked, how old was the light as the issue of betterment comes to mind.

If the delivery people took photos, why didn't you? Even a pic of the old damaged light will do.

Your email to them does not "fit in with the process" as it is not titled "Letter Before Action" or "Letter Before Claim".