furniture delivery

  gibfish26 15:40 PM 09 May 12
Locked
Answered

hi all,briefly on the 04/04/12 i ordered 3 items of furniture over the phone and paid with my credit card from a furniture company,they said i would be contacted within 14 days by frieght company to arrange delivery.they phoned me after about 7 days to say they will deliver on the 17/04/12,i opened front door to a young man who handed me a clipboard and said i will leave this with you,he went back to van,i looked at the clipboard and there was a box in centre in which it said customers signature,i said to my wife i am not signing this untill we have checked the furniture,driver came back with large cardboard container on a metal 2 wheeled trolley,he turned round and pulled the trolley into my hallway backwards.on doing so he damaged my doorframe,he made a note of this on his delivery sheet and i undersigned it,i phoned frieght company immediately after other items where carried in by driver and they said they where not liable because they are only a doorstep delivery,this was at no time ever mentioned to us prior to delivery.my question is who do i claim against the frieght company or the furniture company.consumer direct say it's the furniture company,but furniture company say they have consulted consumer direct themselves and have been told they are not liable because they contracted out the delivery to the frieght company.would appreciate any solid advice on how to move this forward.thanks gibfish26.p.s no problems with furniture its fine

  spuds 17:42 PM 09 May 12

I cannot understand why you are suggesting Consumer Direct, because this organisation no longer existed after 30th March 2012, the government have transferred the work over to the CAB?. If you use the old Consumer Direct website link you will be redirected to http://www.adviceguide.org.uk

I would perhaps suggest that your contract is with the seller of the furniture, and as such it would be their responsibility to deal with the problem. The seller as the contract with the transport company, not you, unless this was done privately between you and the transport company.

I would also suggest that you check the seller's and transport company's terms and conditions if possible. This might give you better leverage for a claim?.

If you paid by credit card, then contact the card provider, and inform them about the situation. they should be able to offer further advice.

  morddwyd 20:34 PM 09 May 12

The seller contracted with you to deliver the furniture.

How they do it is their affair, not yours.

They are liable.

  namtas 21:18 PM 09 May 12

As has been stated you can only make a claim against persons that you have a contract with, in this case the furniture supplier. You have to claim on them and they claim on the delivery firm.

  gibfish26 22:06 PM 09 May 12

hi all thanks for your comments,it seems like furniture company maybe trying to fob me off,it's as consumer direct advised me (oops C.A.B.)i will now fire off a letter to them and see how it goes.

  Forum Editor 23:26 PM 09 May 12
Answer

The situation is as follows.....

Your contract was with the furniture company, and it (the company) sends the furniture at its own risk - until you sign to accept delivery there is no risk on your part.

The fact that a delivery company's driver damaged your property when making the delivery complicates matters somewhat. It might be said that the delivery company acts as the agent of the supplier until delivery is complete, in which case it (delivery company) would be liable to the supplier for the consequences of any action by its driver.

Delivery companies carry insurance, and in many cases the terms of the policy state that there is no cover for any damage caused by a driver entering your house.

I suggest that you tell the supplier that you hold them liable for damage caused by their agent, and see what the response is. As a last resort you could sue the driver for damage caused by his negligence, but that isn't a course I recommend at this stage.

  gibfish26 14:57 PM 11 May 12

FE,thanks for your advice much appreciated,i have now consulted with the double glazing company who supplied and fitted full house with energy efficient windows and doors in february 2010,they say i will have to have a complete new combination door and frame because of difference in profile they now use, and also colour difference of white on inside.so i will now send my letter to claim for damage to the furniture supplier.thanks.

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