pjc Posted May 1, 2008 Report Posted May 1, 2008 I have just come back from my partners, he was expecting a delivery of young birds yesterday so I wanted to have a look. They were collected from the vendor on tues as arranged, yesterday lunchtime he received a call from Amtrak to say they had the birds at the depot and the driver had hit a tree could we collect? The depot is a 3 hr round trip from here so they were told no, they would need to deliver. The birds turned up at 4pm in the Amtrak new flimsy boxes very battered and torn! The boxes were opened and the birds were all still alive, but this morning 1 has died and others are not looking happy, to me they are stressed and traumatised! Has anybody had similar problem with injury caused by Amtrak and been succesful in making a claim against them? Phil
DOVEScot Posted May 1, 2008 Report Posted May 1, 2008 I have just come back from my partners, he was expecting a delivery of young birds yesterday so I wanted to have a look. They were collected from the vendor on tues as arranged, yesterday lunchtime he received a call from Amtrak to say they had the birds at the depot and the driver had hit a tree could we collect? The depot is a 3 hr round trip from here so they were told no, they would need to deliver. The birds turned up at 4pm in the Amtrak new flimsy boxes very battered and torn! The boxes were opened and the birds were all still alive, but this morning 1 has died and others are not looking happy, to me they are stressed and traumatised! Has anybody had similar problem with injury caused by Amtrak and been succesful in making a claim against them? Phil Poor birds, they were obviously onboard the van that hit the tree, Amtrak should definately compensate for any loss or damage, they would have to if it was any other cargo in their care. I tried to enquire about compensation when they fuc#ed up big time with my birds but got the nicest, sorry about that email about sh#t happens due to technical errors Three days in a box with other cocks no water or feed despite theit bullsh#t promises Your case is different they were involved in an accident, unless the tree jumped out and hit the van
pjc Posted May 1, 2008 Author Report Posted May 1, 2008 there response has been pathetic and alll they sugest is that we contact the sender and we may get the carriage refunded! 1 dead already and another 4 I can't surviving but because they were alive when delivered its not there problem and they are not interested! Phil
DOVEScot Posted May 1, 2008 Report Posted May 1, 2008 there response has been pathetic and alll they sugest is that we contact the sender and we may get the carriage refunded! 1 dead already and another 4 I can't surviving but because they were alive when delivered its not there problem and they are not interested! Phil Yeh that is what they told me, the birds survived, I wonder if there is a courier ombudsman who can look at the case, or citazens advise maybe. Typical any decission is final and like it or lump it :'(
pjc Posted May 1, 2008 Author Report Posted May 1, 2008 I am going to seek advice because they must surely be expected to offer a reasonable level of care with livestock! The boxes had clearly been in an accident and the new boxes are not as strong as they old ones! Phil
DOVEScot Posted May 1, 2008 Report Posted May 1, 2008 I am going to seek advice because they must surely be expected to offer a reasonable level of care with livestock! The boxes had clearly been in an accident and the new boxes are not as strong as they old ones! Phil He will have had a delivery note at the time of the crash, obviously your mates birds were on it. If it was a item such as a unit and it was damaged in the crash or even just handling, then you would have no problem seeking compensation for any damage :-/
pjc Posted May 1, 2008 Author Report Posted May 1, 2008 thats the problem, there is no way of measuring stress caused, if the birds won't eat its clearly through stress and trauma. But Amtraks stance is they were alive when delivered!
DOVEScot Posted May 1, 2008 Report Posted May 1, 2008 thats the problem, there is no way of measuring stress caused, if the birds won't eat its clearly through stress and trauma. But Amtraks stance is they were alive when delivered! I bet they claim compensation through their insurance, ask who their insurers are and state your case :-/
jimmy white Posted May 1, 2008 Report Posted May 1, 2008 i worked for cit, advice...........would say take all documents of amtracks conditions,and explain situation , im sure they will help
pjc Posted May 1, 2008 Author Report Posted May 1, 2008 I will see if I can print there conditions from web site as I don't think they gave him a delivery note.
jimmy white Posted May 1, 2008 Report Posted May 1, 2008 if they [amtrack] didnt give out a delivery note,,,,,,,tell cit. advice. theyll find" terms and conditions" [i think theve broke one here already
pjc Posted May 1, 2008 Author Report Posted May 1, 2008 prob is a lot of couriers use the electronic sig pads and don't issue del notes.
DOVEScot Posted May 1, 2008 Report Posted May 1, 2008 prob is a lot of couriers use the electronic sig pads and don't issue del notes. Amtrak still do delivery notes
jimmy white Posted May 1, 2008 Report Posted May 1, 2008 citizens advice should sort it all out [but have a strict privacy code of conduct]
pjc Posted May 1, 2008 Author Report Posted May 1, 2008 I know they issue collection notes but I can't remember having any delivery notes for last few delivery's!
jimmy white Posted May 1, 2008 Report Posted May 1, 2008 you would , at the very least , have signed for them, its what youve signed for. which is in debate [thats if they asked you to sign]
invalidusername Posted May 2, 2008 Report Posted May 2, 2008 This is absolutely disgusting, Phil. There is no way they can wash their hands of this. They have a duty of care with all of the items they deliver, particularly where live birds are concerned. It's just not acceptable for them to walk away because the birds were alive when delivered. They need to be in the same condition as when they left the exporting depot (or wherever they came from). The additional time those birds were in that van, and the fact that this led to lack of food and water is totally the responsibility of Amtrak. Surely no question about it. How can they claim that the birds weren't stressed out after the extra time and the crash! They need publicity. If going through them again and then going to CAB doesn't do the trick, how about approaching the BBC (Watchdog?). It might not be big enough for them to feature, but I'd certainly give it a go. Hope that this gets sorted, but whatever happens this is terrible for those birds and for you guys. Watchdog: http://www.bbc.co.uk/consumer/tv_and_radio/watchdog/contact_index.shtml Have plenty of pictures taken for evidence!
pjc Posted May 2, 2008 Author Report Posted May 2, 2008 I am not prepared to let this go. I am starting to gather evidence, we have kept the boxes etc. The sender is also disgusted with them and is also now on the case as they have a very large account with Amtrak. They seem to have no duty of care and what the say goes, if they don't feel you have a claim they won't even send out a claim form! I will await further responses today and as much as I dislike them may even consider involving the RSPB and RSPCA to take up the case. Phil
pjc Posted May 2, 2008 Author Report Posted May 2, 2008 This was the e-mail response from Amtrak:- Good Afternoon Mr Crawford We apologise for the situation you have had regarding this delivery, however, I'm sure that the driver had no deliberate intention of hitting any kind of object, due to what may have been unforeseen circumstances regarding the accident, in which our driver was involved in. Unfortunately, as the birds were alive when you received them we are unable to send out a claims form as they were not physically injured during the accident and they were not deceased upon arrival at your home address. You may however wish to speak to our Credit Control as ************* have an account with Amtrak so you may be able to have your delivery charge re-imbursed. May I apologise once again on behalf of Amtrak. Regards Ann Claims Advisor I would like to know what experience they have to assess the birds would not have been stressed or suffered internal injury's caused by the accident? Phil
invalidusername Posted May 2, 2008 Report Posted May 2, 2008 This is boll*cs, Phil. They can't even string a proper sentence together, let alone make a judgement on this case. Whether or not the driver had any intention of crashing is totally irrelevant. The fact remains that it happened, and this had a direct affect on these birds. Do they seriously think that someone is going to use their service to send birds who only have a few days to live? Of course not, but that's what's happened due to them. It's totally down to them and their delays. I'm fuming for you now!
pjc Posted May 2, 2008 Author Report Posted May 2, 2008 I have been rattleing cages David, don't worry this one won't be dropped! Unfortunatly as a sport Amtrak are currently the only nationwide couriers of Pigeons, Interlink used to but stopped a few years ago so effectively they have the manopoly and fanciers over a barrel! Phil
invalidusername Posted May 2, 2008 Report Posted May 2, 2008 I have been rattleing cages David, don't worry this one won't be dropped! Unfortunatly as a sport Amtrak are currently the only nationwide couriers of Pigeons, Interlink used to but stopped a few years ago so effectively they have the manopoly and fanciers over a barrel! Phil Yes, I absolutely accept that, which is why they feel justified to have a stinking attitude about this. Good luck :-)
superstar Posted May 2, 2008 Report Posted May 2, 2008 I am going to seek advice because they must surely be expected to offer a reasonable level of care with livestock! The boxes had clearly been in an accident and the new boxes are not as strong as they old ones! Phil I was talking to the guy who has the local area round here and he was telling me of a case recently where one had been crushed by a wheel packed incorectly in the same cage as a pigeon, needless to say the pigeon arrived dead at his depot, I asked if they would pay compensation and he said that the birds are sent at the owners own risk, although this one was witnessed by some Amtrack offical who took pic's to get it looked into, he said they probably would compensate in that case as it was their fault, which seems to be their fault in your case also, £50 max I'm led to believe if your lucky so doubt that will soften the blow too much, but good luck all the same although it wont do the poor birds any good and that is the sad bit.
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