damaged floor during delivery, rejected claim and appeal, small claims

[atticus]

I can't see a s75 claim in this. What is the seller's breach of contract here?

You know my view as to who is liable and why.

[echat11]

thanks, ive just found it on my credit card, i will try that aswell, is there no problem this was july last year?

No that's not an issue with Section 75 claims.

Update when you get a response.

[Frank1]

The Dispute Resolution Ombudsman has published an article " What Retailers Need to Know About Damage to Property During Delivery"
Having read appliancesdirect and arrowxl terms and conditions in my opinion the retailer is not exercising significant control over the delivery process (eg the delivery company checks access before carrying the appliance into the property and may ask the customer to sign a waiver form).
This would mean the customer has more chance of success with a court claim against arrowxl for negligence.

[pete1975]

Morning, taken quite a while to get information back from my credit card,

my credit card have been providing me updates on a near weekly basis, such as


Your case

Dear Peter Smith

Update: We are just awaiting documentation to be sent to us from the merchant, off the back of a phone call made today.

Yours faithfully,


Sofia

Section 75 Team




I replied to the credit card -

Thanks you so much, this seems a familiar issue I had when i was asking the same questions, i even requested a copy of the sign indemnity that is part of the T&Cs for floor protection, which they have never acknowledged or sent me (i was never asked to sign a indemnity by the way by the delivery crew)

thanks for letting me know




the credit card replied with

Arrow XL have replied and reiterated the same points in response. I had requested documentation to evidence the reasons behind the declined claim, as currently the terms and conditions refer to the signed waiver as agreement for the delivery. They have provided another contact; I will contact them today.

Kind regards,

Sofia

Section 75 Team



I replied to this message with -

Thank you, this reflects the same issue I experienced.

At one stage, the responses were so generic and avoided the specific questions being asked that it genuinely felt like I was dealing with an automated reply rather than a person.

I also noted from the T&Cs shared the day before delivery that the crew have the option to refuse delivery or request a waiver to be signed. If a waiver is refused, the expectation would be that they contact the office to discuss next steps. However, this escalation did not take place.

What I find particularly concerning is the claim that the damage was already present. The crew declined to provide the photos they stated they had taken. I have video evidence showing the time they took photos after the delivery, and the timestamp aligns with CCTV footage of the fridge being brought into the property. This directly contradicts the explanation provided.

Despite raising these points, the key questions continue to go unanswered.

I would appreciate a clear response addressing these specific issues.

Thanks again.



the last message today from the credit card is -
The purchase was with Appliances Direct delivery. They referred me to Arrow XL for large delivery claims. Arrow XL have now referred me to the haulage company for the waiver, upon searching and going through Company House details it appears they do not have contact details/are not public facing. I will have to complete the investigation without merchant's statements, as they are not supported by evidence, I will let you know once the case has been reviewed.

Kind regards,

Sofia
Section 75 Team


Question for the more knowledgable, do you think I should reply to this email because they are now going to review on no evidence from ArrowXL, which I'm assuming is good thing for me. But should i reiterate my points again citing evidence in a more condense way?

[echat11]

Morning, taken quite a while to get information back from my credit card,

my credit card have been providing me updates on a near weekly basis, such as


Your case

Dear Peter Smith

Update: We are just awaiting documentation to be sent to us from the merchant, off the back of a phone call made today.

Yours faithfully,


Sofia

Section 75 Team




I replied to the credit card -

Thanks you so much, this seems a familiar issue I had when i was asking the same questions, i even requested a copy of the sign indemnity that is part of the T&Cs for floor protection, which they have never acknowledged or sent me (i was never asked to sign a indemnity by the way by the delivery crew)

thanks for letting me know




the credit card replied with

Arrow XL have replied and reiterated the same points in response. I had requested documentation to evidence the reasons behind the declined claim, as currently the terms and conditions refer to the signed waiver as agreement for the delivery. They have provided another contact; I will contact them today.

Kind regards,

Sofia

Section 75 Team



I replied to this message with -

Thank you, this reflects the same issue I experienced.

At one stage, the responses were so generic and avoided the specific questions being asked that it genuinely felt like I was dealing with an automated reply rather than a person.

I also noted from the T&Cs shared the day before delivery that the crew have the option to refuse delivery or request a waiver to be signed. If a waiver is refused, the expectation would be that they contact the office to discuss next steps. However, this escalation did not take place.

What I find particularly concerning is the claim that the damage was already present. The crew declined to provide the photos they stated they had taken. I have video evidence showing the time they took photos after the delivery, and the timestamp aligns with CCTV footage of the fridge being brought into the property. This directly contradicts the explanation provided.

Despite raising these points, the key questions continue to go unanswered.

I would appreciate a clear response addressing these specific issues.

Thanks again.



the last message today from the credit card is -
The purchase was with Appliances Direct delivery. They referred me to Arrow XL for large delivery claims. Arrow XL have now referred me to the haulage company for the waiver, upon searching and going through Company House details it appears they do not have contact details/are not public facing. I will have to complete the investigation without merchant's statements, as they are not supported by evidence, I will let you know once the case has been reviewed.

Kind regards,

Sofia
Section 75 Team


Question for the more knowledgable, do you think I should reply to this email because they are now going to review on no evidence from ArrowXL, which I'm assuming is good thing for me. But should i reiterate my points again citing evidence in a more condense way?

No, they have all your points, just let them get on with it.

Maybe a polite email thanking them for their email and you look forward to hearing from them.

[pete1975]

sadly its looks as tesco credit cannot support my claim they have sent me a email after the following... not sure if they are brushing me off here.


Your claim under Section 75 of The Consumer Credit Act 1974

Thank you for your patience while we've investigated your claim in respect of "BUYITDIRECT." You have advised us that the merchant has breached the contract you entered into as the delivery of the appliance lead to damage to the flooring. You are therefore seeking a refund of £400 from Tesco Bank under Section 75 of The Consumer Credit Act 1974.

Section 75 of the Consumer Credit Act 1974

Section 75 states that under a specific set of circumstances, a consumer may seek to recover money paid under a contract with a supplier from their credit card provider. There can only be a valid claim under Section 75, if it can be shown that there has been a breach of contract or misrepresentation.

Our Findings

A fridge freezer was purchased with Appliance Direct. In relation to delivery on the contract, an extra £24.99 was spent for Saturday delivery. The fridge freezer had no issues, and the delivery was completed on the Saturday. However, the outsourced delivery company left a scratch on the flooring. Due to the type of flooring you have, the entire area would need replaced to rectify the mark left.

Further, the delivery company declined your claim to them, without providing the supporting documentation to evidence their statements. However, the transaction you made with your Tesco Bank credit card was with Appliances Direct, billed as BUYIT DIRECT. The invoice/order details and merchant's terms and conditions do not specify the delivery company, delivery process or delivery terms and conditions. The contract simply refers to the item being delivered, which was successful. Therefore, unfortunately I have not been able to cannot evidence a breach or misrepresentation of the contract.

Our Decision

Based on the above, we will be unable to progress your claim under Section 75 of The Consumer Credit Act 1974.

I appreciate that you may be disappointed with this outcome, however I hope you understand why we have reached this decision. Please note that this now completes our investigation into your dispute with "BUYITDIRECT."

Here to Help

If you have any additional documentation which wasn't made available to us previously that you feel may further support your claim, please provide this at your earliest convenience and we will be happy to review this information.

Yours faithfully,


Sofia
Section 75 Team
Tesco Bank

Can anyone offer any advice, seems after all this time, its like nope sorry cant help you

[atticus]

I take no pleasure in saying that this is in line with my previous views (posts #4 and #16). Your claim is against the delivery company.

[pete1975]

I take no pleasure in saying that this is in line with my previous views (posts #4 and #16). Your claim is against the delivery company.

Appreciate that, I guess the only question I have is that if the delivery company have been contracted by appliances direct, and appliances direct cannot obtain the paperwork from ArrowXL, surely then the claim could stand. It seems a clever way to get around the claim of damage, I wonder how often this happens and ends in the same way, arrowxl refuse to release paperwork.

I understand the position tesco advises '' The invoice/order details and merchant's terms and conditions do not specify the delivery company, delivery process or delivery terms and conditions'' the fridge was delivered but my claim is for a delivery service not being carried out with reasonable care which surely is part of the contract. could I argue with tesco and state that the company they subcontracted for the delivery has take responsibility for reasonable care when carrying out a delivery and that shouldnt remove liability from them. Also the delivery company has declined the claim, without any supporting evidence.
Should i ask tesco to reconsider based on the above? and if not the the only route to take now is small claims court with arrowxl, or do I take both, but start with ArrowXL and if that doesnt work then take appliances direct

[atticus]

I do not think that the argument in the first sentence of that last post works, sorry.

I repeat: your claim is against the delivery company.

[echat11]

Appreciate that, I guess the only question I have is that if the delivery company have been contracted by appliances direct, and appliances direct cannot obtain the paperwork from ArrowXL, surely then the claim could stand. It seems a clever way to get around the claim of damage, I wonder how often this happens and ends in the same way, arrowxl refuse to release paperwork.

I understand the position tesco advises '' The invoice/order details and merchant's terms and conditions do not specify the delivery company, delivery process or delivery terms and conditions'' the fridge was delivered but my claim is for a delivery service not being carried out with reasonable care which surely is part of the contract. could I argue with tesco and state that the company they subcontracted for the delivery has take responsibility for reasonable care when carrying out a delivery and that shouldnt remove liability from them. Also the delivery company has declined the claim, without any supporting evidence.
Should i ask tesco to reconsider based on the above? and if not the the only route to take now is small claims court with arrowxl, or do I take both, but start with ArrowXL and if that doesnt work then take appliances direct

Send Appliance Direct a Subject Access Request, send ArrowXL a Subject Access Request.
They have 30 days to provide all the information on you / your address. If they don't respond, lodge a complaint with the ICO.

https://legalbeagles.info/library/gu...ccess-request/

ArrowXL

11. How to exercise your data rights


If you wish to exercise any of your rights, please contact ArrowXL using the following contact details:

By email to: InformationSecurity@arrowxl.co.uk

By telephone on: 01942 943700

By post to:

Information Security
Martland Mill Lane
Wigan

Appliance Direct -

16. If you have any questions, comments or requests regarding this policy or how we use your personal data please contact our Data Lead at privacy@buyitdirect.co.uk .

You could consider sending Tesco Credit Card an emailing thanking them for their letter and let them know you'll get back to them in 'due course'.

[pete1975]

Send Appliance Direct a Subject Access Request, send ArrowXL a Subject Access Request.
They have 30 days to provide all the information on you / your address. If they don't respond, lodge a complaint with the ICO.

https://legalbeagles.info/library/gu...ccess-request/

ArrowXL

11. How to exercise your data rights


If you wish to exercise any of your rights, please contact ArrowXL using the following contact details:

By email to: InformationSecurity@arrowxl.co.uk

By telephone on: 01942 943700

By post to:

Information Security
Martland Mill Lane
Wigan

Appliance Direct -

16. If you have any questions, comments or requests regarding this policy or how we use your personal data please contact our Data Lead at privacy@buyitdirect.co.uk .

You could consider sending Tesco Credit Card an emailing thanking them for their letter and let them know you'll get back to them in 'due course'.

Thankyou, Ive generated those and sent them to the both parties. Thankyou for you help

[echat11]

Update when you get a response.

[Frank1]

One of the reasons why the bank declined your claim was
"delivery was successful "
How bad would the damage to a customers property have to be before they admitted delivery wasn't successful.
There is no mention on Appliances Direct website that delivery or installation of appliances is subcontracted
Their website states "our delivery team " and "our engineers ".
There is also no mention that customers may need to provide floor protection. Surely a delivery company should bring floor protection such as sheet and cardboard if they consider protection necessary.
Appliances Direct state in their terms and conditions that the order is not completed until the appliance is dispatched.
When did you receive the email from ArrowXL? Was it on the day of dispatch?

[Frank1]

Have a read of "What Retailers Need to Know About Damage to Property During Delivery " by the Furniture and Home Improvement Ombudsman.
Either the supplier or the delivery company or both may be liable for damage to customers property during delivery.
The supplier under CRA for failing to provide reasonable care and skill. The delivery company under tortious liability for negligence.
So a court claim against both as deffendants using one N1 form and one Particulars of Claim maybe the safest route.

[pete1975]

One of the reasons why the bank declined your claim was
"delivery was successful "
How bad would the damage to a customers property have to be before they admitted delivery wasn't successful.
There is no mention on Appliances Direct website that delivery or installation of appliances is subcontracted
Their website states "our delivery team " and "our engineers ".
There is also no mention that customers may need to provide floor protection. Surely a delivery company should bring floor protection such as sheet and cardboard if they consider protection necessary.
Appliances Direct state in their terms and conditions that the order is not completed until the appliance is dispatched.
When did you receive the email from ArrowXL? Was it on the day of dispatch?

Morning I received a text message and email on the 25.7 with T&Cs (day before the delivery) these were

Some important points to be aware of regarding your Delivery.


1. Access into the property.
Prior to the delivery / collection team arriving in the case of a delivery can you check the dimension of items ordered to ensure item(s) can be physically manoeuvred through the access door and passageways to the desired delivery point. Please contact the company you have purchased from for dimensions.

2. Accepting Delivery.
In the case of a basic delivery, please ensure all packaging of item(s) are carefully checked and that you have received the correct number of parcels on the delivery note.

In the unlikely event that your goods arrive damaged or parcels missing, please inform our service delivery team when at the property
If you do not do this, unfortunately any damages/missing parcels after signing cannot be rectified.
If you live in a property with a communal area, we will always attempt to deliver to the front door of the individual property, but the service delivery team will assess all access points and, in some cases, items may be left at the communal entrance if considered unsafe to proceed to the individual entrance.

3. Signing For The Delivery.
It is important that an adult (over 18 years of age) is available to accept the delivery.


Terms & Conditions

1. Adequate Floor Protection
Please ensure you have placed adequate covering to protect your flooring/carpets as no claims can be made for damage caused to unprotected flooring/carpets. Please note that the Delivery team are forbidden to remove any safety clothing, including footwear.

2. Breakable Objects
Please can you remove any personal objects that may be breakable en-route to the desired delivery point or en route to the exit point in the case of a collection (Ornaments, Wall Pictures, Trailing Wires ...), before the Delivery team arrives.

3. Access Issues
If the team attempt to deliver to the desired room of choice and the delivery team feel that the item(s) cannot be physically manoeuvred without causing damage to the product or property, they will inform you of this matter and offer to leave item(s) in a safe place or alternative room in the property.
If you still wish for the delivery team to remove the packaging or attempt to take the item to the desired point, it is at your own risk and ArrowXL will take no responsibility for any damage which may occur to the product or property.

4. Delivery items which are above 85 kilograms in weight.
Delivery items which are above 85 kilograms in weight will only be completed to a ground floor location.


Leaving feedback

We would love to hear about your experience to ensure that we continue to offer the best service possible. Please leave your feedback on Trustpilot or click on the link which will be emailed to you on completion of your ArrowXL 2-person experience.
If you have any questions regarding your delivery or collection order, you can talk to our helpful live chat team online or email us at customer.services@arrowxl.co.uk
Safeguarding our staff


ArrowXL has a responsibility to protect its staff from incidents of violence, threatening behaviour, and verbal abuse. Our staff can now use devices to monitor and record incidents where they feel their safety is threatened. Evidence, including audio recordings, obtained through these devices may be used in criminal and civil proceedings and/or to take local sanctions against alleged offenders. ArrowXL is responsible for the use of the devices and any recordings. For more information, please call our contact centre who will manage your query with our National Compliance Manager. ArrowXL will continue to take any necessary steps to safeguard client confidentiality.