Argos delivery problem... not what you expect though!

[aaronhowe]

Hello all, first time post, pleased to be here.

I'm hoping to get some perspective here from someone on what I should do next regarding a recent issue with Argos. I tried CAB and they couldn't help, and Google for once hasn't gleaned much either!

A few months back I had Argos deliver an item to me from their online store. The driver turned up, but when he was leaving my property he managed to knock over my gate post, which subsequently had to be dug out. I spoke with him about the problem and he offered to come back at the weekend, review the damage and make a payment for the post. He said he was self employed and paid his own insurance, so would prefer not to make a claim.

I took this in good faith, but he never returned and the number he gave was a fake. So I contacted Argos in order to get their response, and nothing came back. Long story short I started a claim through the Small Claims track, which Argos are disputing.

The basis for their dispute is that they are not liable - the parcel company they commissioned to make the delivery should be sued according to them. I am unsure about this: under the Sale of Goods Act there is no dispute that delivery is their responsibility: but is the action of the delivery driver?

On the one hand, I think they (Argos) should claim from their courier's insurance and settle my claim since they arranged the delivery and I could go indefinitely suing people who wouldn't claim responsibility - even if the parcel company would pass over the details of the driver.

On the other hand, the driver was working for the courier company (albeit in an unmarked van), not Argos as an employee, and so their insurance should pay out.

Does anyone have an idea on where the liability lies in these kinds of situations?

Thanks!
Aaron

[barracad]

Interesting scenario - your contract was with Argos, and the contract for the delivery was between them and a third party, so I can see why you have claimed against Argos but I'm not sure if this was the correct thing to do. If you had been driving and the driver had hit your car for example then you would claim against his insurance, nothing to do with Argos. If I were you I would have let my home insurers sort it all out.

Hopefully somebody else will know more about the legalities and liability but I don't think you have a claim against Argos. In the meantime can you confirm what you mean by the fact that they are disputing the claim? Have they submitted a Part 20 claim against the driver as a counterclaim?

[aaronhowe]

To clarify, Argos haven't officially disputed anything yet. They have written me a letter directly with the name and address of the courier they used.

Problem is though, what if the courier company says it's not them? Am I able to legally oblige them to supply the driver's details for a claim?

[barracad]

Did you note the vehicle reg?

[aaronhowe]

Good point. Yes I did take that, so I could use the DVLA to get some info - however I have a suspicion from what he said it was a hire vehicle...!

[barracad]

How long ago was the incident, exactly? It may be easier to get your home insurance involved as they will be able to deal with all this kind of thing - but I imagine they have specific terms about how long you have to make a claim.

If you have the reg number then you should be able to trace the driver if you have no joy with the courier company and/or Argos.

I assume the courier was HDN?

[aaronhowe]

It was a couple of months ago. I could have claimed on the insurance but the hassle involved (I thought at the time) outweighed the effort - I'm regretting that now! Yes it was HDN.

This whole thing is almost sounding like a test case study, with all these roadblocks!!

[Michael Browne]

What about the 13 or 16 digit track and trace number, do you still have that, since that would identify who delivered it.

[aaronhowe]

I might have, but I'm not sure... Isn't it likely though that Argos will just say they handed over the parcel? I guess at least HDN will have the logs for their drivers, which should help - if they feel like handing them over!

[barracad]

The tracking number would be HDN's tracking number so may be useful if you have it. Don't worry if not, but if they do try and fob you off then obviously the more evidence you have to pinpoint the driver, the better.

[aaronhowe]

Sorry for the delay in posting follow up on this!!

I spoke with a legal advisor through my union membership, and the result was as I expected: Argos are to blame. This case comes under the Supply of Goods and Services Act 1982, wherein there is a duty of care around the delivery. As a lack of care constitutes a breach of the Act, the direct contract holder is liable: in this case Argos since the contract to deliver was with them, regardless of who they handed off their responsibility to.

So, we're off to court! Though in fairness I'm expecting a settlement beforehand. The passge used in this case, if anyone is interested, is Part II, section 13.