Currys delivery driver damaged gates

[crunchercrowley]

Hello everyone,

 

We ordered a Samsung American style fridge freezer from Currys on 2 January 2014. The first unit that was delivered was damaged (handles were cracked) so we arranged a for a replacement to be delivered. On the 9 January the replacement was delivered but the delivery driver hit and damaged my hardwood gates when attempting to drive the lorry onto our driveway.

 

I emailed customer services with a description of what happened and also attached pictures of the damage. I received an automated response. After a week I hadn't heard anything from customer services so I phoned them. The person I spoke to opened another claim form and sent the details to "head office".

 

Today I received a letter from DSG RETAIL LIMITED stating:

We have been sent your details regarding an incident which took place on 11 January 2014. Would you please note that this vehicle is hired and insured by one of our Contractors whose details are below.

Company Name: B & A Logistics

Insurance Details: Aviva

Aviva Insurance Ltd

Pitheavlis

Perth

PH2 0NH

If you would like to redirect your claim to the above, we are sure they will be able to assist you.

 

Surely my contract was with Currys so they should handle the claim? I didn't deal with B & A Logistics so why should I redirect my claim to them? I notice that they say "like to redirect", well actually I wouldn't like to redirect.

 

Thanks, Paul

[silverfox1961]

Hi and welcome to CAG

 

As far as I am concerned, you are correct. You did not arrange the delivery, DSG did and as such, they should be claiming on your behalf with the subby.

 

I think they are trying to pass the buck. Complaint time.

Do you have legal protection on your home insurance?

[crunchercrowley]

Thanks for the quick response silverfox1961. Its nice to have another person who thinks they're trying to pass the buck.

 

I'll check my home insurance to see if I have legal protection. If I used that service would it affect any no claims bonus?

[silverfox1961]

Legal protection is usually in addition to your home insurance. Why not check your documents and if you do, give them a ring and ask the question

[woad]

Personally I wouldn't involve your insurance company in any way shape or form, as they have a habit of terming this a 'loss', even if you do not make a claim.

 

Your contract was with Currys, and no one else. Curry's subcontracted the delivery, and the courier was acting as Curry's agent, the claim lies with Curry's; they should recompense you and then claim this back from their courier.

 

Better minds than I will be along to advise you of the exact wording to use - or a template from the CAG library - but essentially your respond to their letter re-stating your claim against them and rejecting their notion that you should pursue a claim against the courier.

 

You will need to state exactly what you are claiming for; obtain two or three quotes from local builders/tradesmen for the cost of repairing the damage and restoring it as it was. I believe you may also add a small amount for your time taken resolving the issue, £10 per letter is fair iirc. State that you are claiming the average of the quotes as a minimum

 

Do everything in writing - do NOT discuss this matter on the phone with them, and preferably not via email. Do not wait about before starting your claim.

[dacouc]

Personally I wouldn't involve your insurance company in any way shape or form, as they have a habit of terming this a 'loss', even if you do not make a claim.

 

Your contract was with Currys, and no one else. Curry's subcontracted the delivery, and the courier was acting as Curry's agent, the claim lies with Curry's; they should recompense you and then claim this back from their courier.

 

Better minds than I will be along to advise you of the exact wording to use - or a template from the CAG library - but essentially your respond to their letter re-stating your claim against them and rejecting their notion that you should pursue a claim against the courier.

 

You will need to state exactly what you are claiming for; obtain two or three quotes from local builders/tradesmen for the cost of repairing the damage and restoring it as it was. I believe you may also add a small amount for your time taken resolving the issue, £10 per letter is fair iirc. State that you are claiming the average of the quotes as a minimum

 

Do everything in writing - do NOT discuss this matter on the phone with them, and preferably not via email. Do not wait about before starting your claim.

 

Why would you claim the average of the three quotes, you have a duty to mitigate your losses so assuming there are no problems with the lowest quote eg the builder is doing all the work and is a compentent builder you would request for them to either authorise the work to the cheapest builder or send a check equal to the lowest builders price.

[woad]

I didn't say to claim the average. Though, did I. I said to inform currys that the claim would be for the average price at a minimum. Obtaining two or three quotes has the following advantages:

 

Firstly, because Currys may dispute the cost of a single quote and request that you obtain a second quote. Obtaining three avoids this.

Secondly, for the OPs own protection, a builder may provide a very low quote either to obtain the work, or because they simply are not very good, alternatively one may quote a much higher price than the work is worth. This mitigates this.

Finally, because even a quote is not expected to be a wholly firm price, it is not expected to be 100% accurate, iirc the courts allow a 10% leeway. It has to a quote, as opposed to an estimate.

 

The OP does not want a cheque in advance, the OP wants the bill paid at the end of the work. By obtaining an average price and stating that this is the expected price of restitution, Currys cannot object that the Op was unreasonable in any way. If it went to Court, a court would expect to see evidence that the Op had acted reasonably and had attempted to secure a reasonable price for the work. This meets that expectation.

[dacouc]

I didn't say to claim the average. Though, did I. I said to inform currys that the claim would be for the average price at a minimum. Obtaining two or three quotes has the following advantages:

 

Firstly, because Currys may dispute the cost of a single quote and request that you obtain a second quote. Obtaining three avoids this.

Secondly, for the OPs own protection, a builder may provide a very low quote either to obtain the work, or because they simply are not very good, alternatively one may quote a much higher price than the work is worth. This mitigates this.

Finally, because even a quote is not expected to be a wholly firm price, it is not expected to be 100% accurate, iirc the courts allow a 10% leeway. It has to a quote, as opposed to an estimate.

 

The OP does not want a cheque in advance, the OP wants the bill paid at the end of the work. By obtaining an average price and stating that this is the expected price of restitution, Currys cannot object that the Op was unreasonable in any way. If it went to Court, a court would expect to see evidence that the Op had acted reasonably and had attempted to secure a reasonable price for the work. This meets that expectation.

 

.

[quote=woad;4459593

You will need to state exactly what you are claiming for; obtain two or three quotes from local builders/tradesmen for the cost of repairing the damage and restoring it as it was. I believe you may also add a small amount for your time taken resolving the issue, £10 per letter is fair iirc. State that you are claiming the average of the quotes as a minimum

 

 

Looks to me like you were saying claim the average of the quotes as a minimum, especially with your use of italics on minimum, if you did not intend to say that in my opinion a laymen would interpret it as that and try and insist this is what is paid.

 

In my experience of dealing with these types of issues, the other party will often (Not always as some will want sight of a final invoice) send a cheque out in advance of the work which can make things easier for all concerned. If the work does work out more expensive you can go back to request any reasonable extra monies, obviously it's worth wording any correspondence to the effect there may be additional costs

[woad]

Which bit of "as a minimum" do you not understand?

Which part of mitigating yourself against the risk of a 'cowboy' builder, or one who may try to inflate costs, do you disagree with?

Which part of preparing -if necessary- to show a claims court that you tried to minimise the costs do you object to?

 

Edit to add: I think we are in what is termed violent agreement, and probably both smiling as we reply, but words alone do not convey the context in which one is replying. I don't vehemently disagree with you, simply our experiences differ perhaps. Hope the emoticon in the original reply conveyed I was being jocular and not offended/offensive!

Edited February 3, 2014 by woad
Violent agreement :)

[crunchercrowley]

Thanks for the advice guys.

 

As it may take a little time to get quotations for the work do you think it would be worth writing a letter immediately rejecting their notion that I should claim from their subcontractor? I can then explain that I will be obtaining quotations for the remedial work which I expect Currys to pay for. Should I refer to them as "DSG Retail" or "Currys" in the correspondence?

 

Thanks again, Paul.

[woad]

Yes, you need to WRITE to them immediately, stating that as your contract was with them, it is their responsibility to pay for the damage. Keep it simple, to the point, and "just the facts"; don't make the mistake of complaint about poor service and how disgusted you are, etc; that's a side issue and tbh irrelevant. But ou must contact them ASAP.

[crunchercrowley]

Great advice. I'll write the letter tonight and send it by recorded delivery tomorrow.

[crunchercrowley]

Letter written and posted using the "signed for" service. I briefly described what had happened, rejected their notion to re-direct my claim to the sub-contractor and told them what I was going to claim for. Unfortunately, the two carpenters who were supposed to give me quotes today didn't turn up.