Non Delivery - Advice Needed

keli2125 · 3 October 2016 at 2:11PM

Hi there, hoping someone here might be able to help me!

A few weeks ago i ordered some carpet and paid a supplement for a Saturday delivery. On the Friday i received an email confirming my order had been dispatched, which in the delivery section says "Delivery Method - Saturday Express Delivery (Soonest 17th Sept)."

Later that day i received a text message from the delivery company confirming my order was due for delivery on the Monday, not the Saturday. Straight away i called the company i ordered from, who told me it was too late in the day for them to call the delivery company, and that it might be an error on the text message. Their advise was for me to sit in and wait on the Saturday, and if it wasn't delivered to call them back on the Monday.

The order wasn't delivered on the Saturday, and as i knew the order was out for delivery on the Monday my husband took the day off work to accept the order. I complained about this to the company, and have asked them to cover the lost wages my husband incurred. They have refused to do this, as although they accept there was an error made, they say their delivery information is for guidance only, not guaranteed.

Can anyone give me some pointers on where I stand on this please?

Many thanks in advance

cono1717 · 3 October 2016 at 2:13PM

Probably best to follow http://www.moneysavingexpert.com/shopping/delivery-rights?_ga=1.197882991.1777035146.1464698415 if they have confirmed a date you can hold them to account for some of your costs.

fleshandbone · 3 October 2016 at 3:54PM

Seriously you asked them to cover your husbands wages!

You said he took the day off, as holiday or sick?

cono1717 · 3 October 2016 at 4:47PM

fleshandbone wrote: »

Seriously you asked them to cover your husbands wages!

You said he took the day off, as holiday or sick?

You can't claim for that day - but you can certainly claim for needing to take another day off

Although it might seem slightly unusual, you can't claim compensation for the original no-show day as you haven't technically lost out through this. You were going to take that day off work anyway; the fact it turned out to be futile is aggravating, but not a loss in a legal sense. The key is what's needed to put it right.

So if the end result is you need take a SECOND day (or morning/hour) off for a new date, you should be due compensation for loss of earnings or the holiday you've taken.

Why shouldn't you be able to recoup costs or losses that are made through no fault of your own?

cono1717 · 3 October 2016 at 4:56PM

Has someone hurt you in a previous life wearing a "I love Money Saving Expert and that is the reason I am doing this to you" shirt because you seem hellbent on just disagreeing with everything and not giving an opinion as to why - if you want to discuss the reasons why you think it's wrong then I am more than willing to do so but just posting "thats wrong" doesn't help and can confuse the OP

unholyangel · 3 October 2016 at 5:43PM

Its a basic principle in contract law that where one party is in breach of contract, they are liable for losses that were a direct result of their breach. The position of damages in the first instance is to put the parties back into the position they would have been in had the contract been performed correctly - or as close as money can achieve it.

Now they may try arguing that the loss wasn't foreseeable but imo, even if OP didn't inform them they'd have to take a day off, it should have been in the parties contemplation at the time given OP very likely paid a premium to ensure a saturday delivery (if delivery date wasn't important, they wouldn't have paid a premium).

If OP did pay a premium, they'd also be entitled to at least the difference between what was contracted & what was supplied.

keli2125 · 10 October 2016 at 11:10AM

Wowzers, only just come back to this as been so busy moving house! Didn't expect to start an arguement, thanks for those that have offered advice!

fleshandbone · 10 October 2016 at 11:22AM

unholyangel wrote: »

Its a basic principle in contract law that where one party is in breach of contract, they are liable for losses that were a direct result of their breach. The position of damages in the first instance is to put the parties back into the position they would have been in had the contract been performed correctly - or as close as money can achieve it.

Now they may try arguing that the loss wasn't foreseeable but imo, even if OP didn't inform them they'd have to take a day off, it should have been in the parties contemplation at the time given OP very likely paid a premium to ensure a saturday delivery (if delivery date wasn't important, they wouldn't have paid a premium).

If OP did pay a premium, they'd also be entitled to at least the difference between what was contracted & what was supplied.

With respect I do not believe this to be true, however I will bow to your superior knowledge if you can show proof or an example/evidence of where a member of the public was paid out money due to loss of earning when awaiting a delivery.

fleshandbone · 10 October 2016 at 11:25AM

cono1717 wrote: »

Has someone hurt you in a previous life wearing a "I love Money Saving Expert and that is the reason I am doing this to you" shirt because you seem hellbent on just disagreeing with everything and not giving an opinion as to why - if you want to discuss the reasons why you think it's wrong then I am more than willing to do so but just posting "thats wrong" doesn't help and can confuse the OP

I very kindly refer you to the post I made on 10th Oct 16, 10:22 AM

Manxman_in_exile · 10 October 2016 at 12:13PM

"With respect (sic) I do not believe this to be true..."

You've quoted all of unholyangel's post here, but which part do you believe not to be true?

Are you categorically stating that nobody has ever been recompensed for loss of holiday after taking extra time off work to receive a previously failed delivery?

fleshandbone · 10 October 2016 at 12:20PM

Manxman_in_exile wrote: »

"With respect (sic) I do not believe this to be true..."

You've quoted all of unholyangel's post here, but which part do you believe not to be true?

Are you categorically stating that nobody has ever been recompensed for loss of holiday after taking extra time off work to receive a previously failed delivery?

I will bow to your superior knowledge if you can show proof or an example/evidence of where a member of the public was paid out money due to loss of earning when awaiting a delivery.

Non Delivery - Advice Needed

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free