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  • FIRST POST
    • keli2125
    • By keli2125 3rd Oct 16, 2:11 PM
    • 82Posts
    • 127Thanks
    keli2125
    Non Delivery - Advice Needed
    • #1
    • 3rd Oct 16, 2:11 PM
    Non Delivery - Advice Needed 3rd Oct 16 at 2:11 PM
    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
Page 1
    • cono1717
    • By cono1717 3rd Oct 16, 2:13 PM
    • 482 Posts
    • 319 Thanks
    cono1717
    • #2
    • 3rd Oct 16, 2:13 PM
    • #2
    • 3rd Oct 16, 2:13 PM
    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
    • By fleshandbone 3rd Oct 16, 3:54 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    • #3
    • 3rd Oct 16, 3:54 PM
    • #3
    • 3rd Oct 16, 3:54 PM
    Seriously you asked them to cover your husbands wages!

    You said he took the day off, as holiday or sick?
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • cono1717
    • By cono1717 3rd Oct 16, 4:47 PM
    • 482 Posts
    • 319 Thanks
    cono1717
    • #4
    • 3rd Oct 16, 4:47 PM
    • #4
    • 3rd Oct 16, 4:47 PM
    Seriously you asked them to cover your husbands wages!

    You said he took the day off, as holiday or sick?
    Originally posted by fleshandbone
    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
    • By cono1717 3rd Oct 16, 4:56 PM
    • 482 Posts
    • 319 Thanks
    cono1717
    • #5
    • 3rd Oct 16, 4:56 PM
    • #5
    • 3rd Oct 16, 4:56 PM
    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
    Last edited by MSE ForumTeam3; 10-10-2016 at 11:54 AM. Reason: Quoting deleted post
    • unholyangel
    • By unholyangel 3rd Oct 16, 5:43 PM
    • 10,196 Posts
    • 7,355 Thanks
    unholyangel
    • #6
    • 3rd Oct 16, 5:43 PM
    • #6
    • 3rd Oct 16, 5:43 PM
    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.
    Money doesn't solve poverty.....it creates it.
    • keli2125
    • By keli2125 10th Oct 16, 11:10 AM
    • 82 Posts
    • 127 Thanks
    keli2125
    • #7
    • 10th Oct 16, 11:10 AM
    • #7
    • 10th Oct 16, 11:10 AM
    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
    • By fleshandbone 10th Oct 16, 11:22 AM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    • #8
    • 10th Oct 16, 11:22 AM
    • #8
    • 10th Oct 16, 11:22 AM
    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.
    Originally posted by unholyangel
    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.
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • fleshandbone
    • By fleshandbone 10th Oct 16, 11:25 AM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    • #9
    • 10th Oct 16, 11:25 AM
    • #9
    • 10th Oct 16, 11:25 AM
    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
    Originally posted by cono1717
    I very kindly refer you to the post I made on 10th Oct 16, 10:22 AM
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 12:13 PM
    • 258 Posts
    • 138 Thanks
    Manxman in exile
    "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
    • By fleshandbone 10th Oct 16, 12:20 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    "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?
    Originally posted by Manxman in exile
    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.
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 1:34 PM
    • 258 Posts
    • 138 Thanks
    Manxman in exile
    I don't have any "superior" knowledge.


    But you're saying unholyangel is wholly wrong in the post you quote. And that no-one is entitled to be recompensed in that situation?


    And your (lack) of evidence is...?
    • cono1717
    • By cono1717 10th Oct 16, 1:51 PM
    • 482 Posts
    • 319 Thanks
    cono1717
    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.
    Originally posted by fleshandbone
    *waves* Hi *waves* me. I got compensation from a company. They asked me to work out how much I would earn per day (easy because salaried) and refunded that on top of the delivery charge.
    • fleshandbone
    • By fleshandbone 10th Oct 16, 2:11 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    *waves* Hi *waves* me. I got compensation from a company. They asked me to work out how much I would earn per day (easy because salaried) and refunded that on top of the delivery charge.
    Originally posted by cono1717
    Thank you but that is not proof really is it.

    I have a right to my opinion and if you do not agree with it, that is fair enough, but my stance remains until I see clear proof or evidence of a member of public receiving money by way compensation for waiting in for a delivery I will not believe it has been done by any company.

    If I can be clearly proven wrong I will eat a huge dose of humble pie and happily say you proved me wrong.
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 2:17 PM
    • 258 Posts
    • 138 Thanks
    Manxman in exile
    So what is your definition of "proof"? You asked for an example and you've been given one. Make clear where your goalposts are.


    Don't you believe the poster?
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 2:27 PM
    • 258 Posts
    • 138 Thanks
    Manxman in exile
    Apologies, but have I missed something here?


    I thought I'd read a post from someone who doesn't like having their spelling and grammar corrected saying that the MSE guide about claiming for time off for missed deliveries was "wrong". But now that post seems to have disappeared into the ether.


    Am I hallucinating? (Or just got my threads mixed up?)
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 2:34 PM
    • 258 Posts
    • 138 Thanks
    Manxman in exile
    I very kindly refer you to the post I made on 10th Oct 16, 10:22 AM
    Originally posted by fleshandbone

    The post quoted seems to have disappeared...
    • fleshandbone
    • By fleshandbone 10th Oct 16, 2:38 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    So what is your definition of "proof"? You asked for an example and you've been given one. Make clear where your goalposts are.


    Don't you believe the poster?
    Originally posted by Manxman in exile
    A time line of events and a letter from the company agreeing to the compensation for loss of earnings due to waiting for a delivery (please remove your personal details when you upload this)
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
    • Manxman in exile
    • By Manxman in exile 10th Oct 16, 2:56 PM
    • 258 Posts
    • 138 Thanks
    Manxman in exile
    So you don't believe the poster.


    What criteria do you apply in deciding which posts to believe and which posts not to believe?


    I am honestly interested to know how you decide.
    • fleshandbone
    • By fleshandbone 10th Oct 16, 3:08 PM
    • 445 Posts
    • 201 Thanks
    fleshandbone
    So you don't believe the poster.


    What criteria do you apply in deciding which posts to believe and which posts not to believe?


    I am honestly interested to know how you decide.
    Originally posted by Manxman in exile
    Someone here stated a fact, I would like to see some back up proof to this fact, if I see this proof I will gladly accept it. I wish you well.
    Live and let live, love and not hate, sing and be joyous, respect all mankind and natures gifts
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