damaged/dented fridge freezer on delivery, plus courier scratched our flooring

Boohoo

As for "David" and the pre existing damage on the floor do we know if the courier people entered the room where the appliance was going to and noticed no floor protection was there and also noticed damage and then got the OP to sign the waiver as this maybe a way of saying they had inspected the room and this is how they say they notified their depot.

Even if it is true they should of informed the OP about the "damage" before sigma waiver.

pete1975

Boohoo said:

So you took the old fridge out before the new one was delivered?

Are you 100% sure that the floor covering you used in the old fridge removal had protected the wooden floor and there was no damage done during at any time you and someone else removed the fridge from the housing and taking the fridge out of the kitchen to another room or outside of your home?

Too late for you now but I got in habit now of if any work people or deliveries that need to enter my home I take photos and videos of my place just before they enter so I have proof of any damage as I have been caught before years ago.

myself and my wife were standing right near them as they were lifting it into the kitchen, and 100% the floor was not damaged before.  The guy knew he did it when i said you have damaged the floor and photo i have is where the floor was scraped and the plastic protection of the amitco has scraped up,  for us to have done the damage ourselves and then leave the scrapes of plastic from the top of tile on the floor for when the delivery crew come is a bit of far fetched ting for them to suggest.  driver called his boss which i have a video recording of his manager saying they will have to submit a claim, not once did the guy say it was already there or even dispute the damage on the phone to his boss

pete1975

Jumblebumble said:

pete1975 said:

Ive just had the claim from the courier company rejected... 

Feel a annoyed at that response,  there was floor protection,  the same floor protection that was used for the fridge when i took it out,   and then states the damage was already on the floor is a complete lie.   
If the guys thought there was no protection why carry on ,  im not sure what protection there is for dropping something that heavy maybe rubber mats. 
Do i have to go through the appeals process or can i raise a small claims against them

David must be a bot surely because
How did the crew manage to notify the depot about existing damage before delivery?
I suggest you ask David the Bot exactly how this notification was made
Did you actually sign a damage waiver ?
Why would the crew be concerned as to whether you had signed such a waiver as surely everyone would be made to sign a waiver with the Vendor before delivery was agreed?
Davids response has more holes in it than a swiss cheese

My colleague said that, its a generic response after a certain period.    I didn't sign a waiver and was never asked to sign a waiver by the crew.   Also for the damage that was there already i asked the driver to ring his boss as soon as he caused the damage and i have that recorded of him talking to his boss and her saying they will have to submit a claim, then both crew took pictures of the damage with there phone.   

pete1975

Alderbank said:

You can't sign away your statutory rights under consumer laws or in negligence.

Not even if they have a paper signed in your own blood saying 'I hereby permit and authorise Company XXX to wreck my house.'

Their claim that the floor was already damaged though needs to be taken more seriously.
I would expect that they came in, surveyed the route of the fridge (as required by the Manual Handling Operations Regulations 1992), noted the damaged floor, photographed it and discussed with you that the floor might be further damaged and did you still want to go ahead?

If they did all those, that might explain what the waiver is.

Is that what happened?

we did not sign a waiver or was asked to sign a waiver by the crew,   the guys asked where the fridge freezer was going, we showed them the room,  they went to the van to collect it and move it in.

pete1975

also with regards to the crew saying the floor was damaged ,  which it wasn't and and as soon as it happened the guy went to get his mobile to call his boss, and I have on video talking to her and her saying the customer will have to submit a claim online,  that video has them taking pictures of the damage while i was recording.  Ive just checked a photo on my phone under under info you can see the date and time it was taken.   I also have ring camera footage (several) of the time they took the fridge into the house.  surely if they notice damage they will record that and state that and ask us to sign something,  also if the floor protection was not good enough they would aso have a from to say we an do it but at your risk, ie a waiver. 

Boohoo

pete1975 said:

also with regards to the crew saying the floor was damaged ,  which it wasn't and and as soon as it happened the guy went to get his mobile to call his boss, and I have on video talking to her and her saying the customer will have to submit a claim online,  that video has them taking pictures of the damage while i was recording.  Ive just checked a photo on my phone under under info you can see the date and time it was taken.   I also have ring camera footage (several) of the time they took the fridge into the house.  surely if they notice damage they will record that and state that and ask us to sign something,  also if the floor protection was not good enough they would aso have a from to say we an do it but at your risk, ie a waiver. 

Unless I have missed it about your video evidence why did you not put it in your 1st post because you may have got different or better advice.

Did you send this video footage to the claim people of all that happened because if you did I am surprised that they sided with their employees.

I would get an independent flooring specialist to do a report on the damage cost to repair and send it to whoever asking for payment and if no from them do a LBA and then go down the court route as the video evidence should be enough.

As for the appliance has that been exchanged yet?

Jumblebumble

pete1975 said:

Jumblebumble said:

pete1975 said:

Ive just had the claim from the courier company rejected... 

Feel a annoyed at that response,  there was floor protection,  the same floor protection that was used for the fridge when i took it out,   and then states the damage was already on the floor is a complete lie.   
If the guys thought there was no protection why carry on ,  im not sure what protection there is for dropping something that heavy maybe rubber mats. 
Do i have to go through the appeals process or can i raise a small claims against them

David must be a bot surely because
How did the crew manage to notify the depot about existing damage before delivery?
I suggest you ask David the Bot exactly how this notification was made
Did you actually sign a damage waiver ?
Why would the crew be concerned as to whether you had signed such a waiver as surely everyone would be made to sign a waiver with the Vendor before delivery was agreed?
Davids response has more holes in it than a swiss cheese

My colleague said that, its a generic response after a certain period.    I didn't sign a waiver and was never asked to sign a waiver by the crew.   Also for the damage that was there already i asked the driver to ring his boss as soon as he caused the damage and i have that recorded of him talking to his boss and her saying they will have to submit a claim, then both crew took pictures of the damage with there phone.   

Great news
Ask David the bot  to share with you  a copy of the waiver it claims you signed.

screech_78

I don’t think David is a “bot”. More likely using a templated response.

pete1975

afternoon all, would anyone be kind enough to critique this appeal letter back tot arrowxl,  i think ive covered everything and stated my case and replied to all the factors in rejection letter.   Should i threaten a small claim court action if the appeal isn't successful would someone that deals with disputes every day even feel threatend with something like that anyway.

Subject: Formal Appeal – Property Damage Claim Rejection

Dear David,

Thank you for your email and for outlining the reasons for rejecting my property damage claim. I do not agree with the decision and wish to formally appeal.

While I acknowledge the points you raised, I strongly dispute the version of events described in your findings and in the statements from your delivery team.

1. Adequate Floor Protection
Adequate protection was in place prior to delivery, and I took reasonable steps to safeguard my flooring. Your delivery team entered my property before carrying in the fridge freezer to check the route and assess the floor protection. At no point did either delivery team member state that the protection was inadequate, missing, or that the floor was damaged.

You note in your email: “Delivery team are forbidden to remove safety clothing, including footwear”. My claim is not that damage came from footwear — it was caused when the bottom corner of the fridge freezer was dropped. The other delivery crew member, positioned at the top, continued walking backwards without realising, dragging the fridge freezer for a short distance until being told to stop.

2. Crew Statements and Existing Damage
I completely disagree with the crew’s account. At no time during their inspection did they say the protection was inadequate or that a damage waiver was required. No existing damage was present before the delivery. You stated: “The crew had notified the depot of existing damage to the floor before delivery”. I believe this is incorrect and that you meant after delivery.

I have previously provided you with a video recording of my conversation with the crew, which confirms:

·         I asked “Anton” to call his manager after the damage occurred.

·         At no point did he say the damage was pre-existing or deny responsibility.

·         His manager instructed him that I would need to submit a claim online.

·         The other crew member photographed the damage immediately afterwards, which will be evident from the time stamp.

·         As a Logistics provided your delivery crews are required to follow the manual handling operations 1992 and part of that regulation is that the delivery crew need to assess the delivery area before undertaking any manual handling task, this assessment is crucial for identifying potential hazards and reducing the risk of injury.

I have now downloaded CCTV footage showing:

·         The crew arriving before taking the fridge freezer into property.

·         The fridge freezer being carried in after that inspection.

This timeline will match the damage photographs being taken after the fridge freezer entered the property.

3. Damage Waiver Process
At no point was I asked to sign a damage waiver for inadequate floor protection — a process you have stated is standard for your delivery teams. I did not sign such a waiver. If I had refused, the correct process (as per ArrowXL’s own procedure) would have been for the crew to call head office and refuse to deliver. That did not happen.

4. Photographic Evidence
Photographs clearly show the scratch direction and the resting place of the fridge freezer are linked. Small plastic fragments from the damaged floor remain visible in the images — these could not have been present for long, as they would have been easily displaced.

Given the above evidence — supported by both video and CCTV footage — I request that my claim is reinvestigated in full. Please confirm receipt of this appeal.

Kind regards,

Mr P Smith