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

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  • #31
    So a customer receives delivery terms and conditions after they have ordered the item on the Internet but before the item is dispatched. A customer who is unhappy with these t&Cs would be entitled to cancel their order for a full refund.

    Point 3 is important. The delivery team should have checked access to your kitchen and the floor protection.If they didn't comment it is fair to assume they didn't forsee a problem.

    My advice in post 29, claiming against the supplier and delivery company hasn't changed

    Comment


    • #32
      Originally posted by Frank1 View Post
      So a customer receives delivery terms and conditions after they have ordered the item on the Internet but before the item is dispatched. A customer who is unhappy with these t&Cs would be entitled to cancel their order for a full refund.

      Point 3 is important. The delivery team should have checked access to your kitchen and the floor protection.If they didn't comment it is fair to assume they didn't forsee a problem.

      My advice in post 29, claiming against the supplier and delivery company hasn't changed
      Thanks, the delivery crew did come into the house first before taking the fridge freezer out of the lorry to inspect the route ( i paid extra for delivery to room of my choice) so they said they needed to check the route etc. They never said anything about the route or the floor covering or asked for me to sign a waiver as they were worried about the floor protection

      Comment


      • #33
        Well, you know against whom I think your claim should be brought.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #34
          If you want to start your court claim now there is no need for a Letter of Claim. You have already threatened legal action in writing.
          My advice is to use MCOL. Read the Guidance for Claimants first. You will have the opportunity to add a second defendant Select further details of the particulars of claim to follow and post them to the defendants within 14 days of the date of service of the claim form
          I suspect when the supplier and delivery company receive official court forms in the post, your claim will be quickly settled as the defendants legal costs are not recoverable in the small claims track.

          Comment


          • #35
            An update Ive had a response from AXL legal team in response to my 'access request for information' they have replied


            ''


            Hope you’re well.



            Further to your DSAR and our email below, please find attached the held document relating to your DSAR. We can confirm that no signed waiver is held by Arrow XL.



            Arrow XL conducted a diligent search for records covered by your access request and we enclose an electronic copy of the personal data that Arrow XL hold and process in relation to the request. Arrow XL have searched our systems for the requested information, along with any documentation held by our property claims team and third parties (service partner).



            We have responded to your request to the extent your personal data was included within the requested information and to the extent that the information can be disclosed under the Data Protection Act 2018. You will see that we have redacted information within the response provided because this is the personal data of third parties and/or is not your personal data and/or is confidential information of Arrow XL Limited (and does not include your personal data) or relates to your operations in your union representative role rather that your personal capacity. We have done this to avoid infringing data protection laws or the rights and freedoms of third parties.



            If you are not satisfied with the handling of your request you have the right to make a complaint to the Information Commissioner. For further information see the Information Commissioner’s Office website at http:ico.org.uk/make-a-complaint/.



            Have a good bank holiday weekend



            Many thanks



            they have included the emails and rejections which i have previously. But as you will see that they have stated that no signed waiver is held by ArrowXL




            I've had no response from appliances direct/buyitdirect regarding information request.

            Comment


            • #36
              Originally posted by pete1975 View Post
              An update Ive had a response from AXL legal team in response to my 'access request for information' they have replied


              ''


              Hope you’re well.



              Further to your DSAR and our email below, please find attached the held document relating to your DSAR. We can confirm that no signed waiver is held by Arrow XL.



              Arrow XL conducted a diligent search for records covered by your access request and we enclose an electronic copy of the personal data that Arrow XL hold and process in relation to the request. Arrow XL have searched our systems for the requested information, along with any documentation held by our property claims team and third parties (service partner).



              We have responded to your request to the extent your personal data was included within the requested information and to the extent that the information can be disclosed under the Data Protection Act 2018. You will see that we have redacted information within the response provided because this is the personal data of third parties and/or is not your personal data and/or is confidential information of Arrow XL Limited (and does not include your personal data) or relates to your operations in your union representative role rather that your personal capacity. We have done this to avoid infringing data protection laws or the rights and freedoms of third parties.



              If you are not satisfied with the handling of your request you have the right to make a complaint to the Information Commissioner. For further information see the Information Commissioner’s Office website at http:ico.org.uk/make-a-complaint/.



              Have a good bank holiday weekend



              Many thanks



              they have included the emails and rejections which i have previously. But as you will see that they have stated that no signed waiver is held by ArrowXL




              I've had no response from appliances direct/buyitdirect regarding information request.
              'I've had no response from appliances direct/buyitdirect regarding information request.'

              Give them 30 days from the date of the request, then follow up with the letter below, if they don't respond -

              https://ico.org.uk/for-the-public/ge...happy-with-it/

              Comment

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