Asda Internet Flowers / Superflora UK Ltd

stamford

hjb123 wrote:

Why claim £300 pound though?

I can claim higher but £300 is what you get up to for the opening fee of £30. I'm claiming £300 to cover my time, phone calls, hurt feelings etc exactly what I was awarded against Homebase for their refusal to sort out another small fifty quid matter - plus court fees

SaraSeahorse

I agree with Stamford on this - they took money and failed to deliver, extra costs etc were incurred

markmc999

I think I'm a soft touch. I'd never dream of suing people for stupid amounts of cash for something like that

hjb123

markmc999 wrote:

I think I'm a soft touch. I'd never dream of suing people for stupid amounts of cash for something like that

Me neither, I would be more after a refund and/or a free bunch of flowers!

stamford

SaraSeahorse wrote:

I agree with Stamford on this - they took money and failed to deliver, extra costs etc were incurred

Good to hear from one of the few people with some common sense here. These other fools are like the people who go down with food poisoning from some dodgy supermarket fish don't go to Environmental Health with the maggot infested remains then think they've got a result with a £10 gift voucher from Tesco Customer Service

firespire

I think you deserve a refund of your money as the flowers were not supplied as contracted.

The Money claim online says claims should only be for Fixed amount of money

A claim for a fixed amount is where you know the exact sum of money, including interest, that the defendant owes you. For example, an unpaid invoice.

You cannot use Money Claim Online if your claim is not for a fixed amount. For example if you have suffered an injury and want to claim compensation from the defendant.

So you can't claim £300 online for hurt feelings as it is not classed as a fixed amount.

A small claims action should be the last method of action when you have given the company time to trace the flowers and adaquetly respond to the issue.

If you haven't given them time to sort out the problem (and 7.30pm on a Friday until now is not enough time) before taking court action they have every right to sue you for wasting their time and claim costs they have incurred in responding to your claim, their costs will be greater then yours.

stamford

firespire wrote:

I think you deserve a refund of your money as the flowers were not supplied as contracted.

The Money claim online says claims should only be for Fixed amount of money



So you can't claim £300 online for hurt feelings as it is not classed as a fixed amount.

A small claims action should be the last method of action when you have given the company time to trace the flowers and adaquetly respond to the issue.

If you haven't given them time to sort out the problem (and 7.30pm on a Friday until now is not enough time) before taking court action they have every right to sue you for wasting their time and claim costs they have incurred in responding to your claim, their costs will be greater then yours.

- the £300 is for my time and phone calls. I don't have to give them time to trace the flowers 'cos they never left their building they admit the order isn't on their system so they didn't process it.

Some of you folks think I'm being OTT & greedy. The simple answer is this company could have sorted it out yesterday morning by paying Interflora £40 - £50 for same day delivery but they decided not to

executiverocker

stamford wrote:

Some of you folks think I'm being OTT & greedy

Yes, yes I do. What happened to tolerance? I think you should just be happy with a refund plus some sort of goodwill gesture (i.e. the £20 gift voucher)

I imagine that in the companies terms and conditions there is a disclaimer anyway, something like 'deliveries are not guaranteed' and I hope that there is, as there is no need for anyone to take anyone to court over a matter like this.

stamford

executiverocker wrote:

Yes, yes I do. What happened to tolerance? I think you should just be happy with a refund plus some sort of goodwill gesture (i.e. the £20 gift voucher)

I imagine that in the companies terms and conditions there is a disclaimer anyway, something like 'deliveries are not guaranteed' and I hope that there is, as there is no need for anyone to take anyone to court over a matter like this.

I was more than tolerant with them 3 phone calls 7.30 Fri, 8.30 & 11am Saturday plus Asda trying to reason with them. It's no wonder this country has become a soft touch when people let themselves be trampled all over as you obviously do

mountainofdebt

I would be asking to you to prove that your time/phone calls were worth £300 as for hurt feelings, please give us a break. Personally I think its the compensation culture that's grown up in this country that is ruining it - but that's only my opinion.

I too hate to receive shoddy service but I am at least willing to allow people to try and put things right - saying that between 7.30pm on a friday and now is ample time is not being fair at all something that it appears you're not.

To be honest I would tread very carefully - whenever I have had flowers delivered from similar organisations they have always come in a huge cardboard box so what's to say that the flowers weren't delivered on friday but are working their way through the hospital postal system - letters sent to patients on wards always take longer to reach their destination.

Personally I think you chose an inappropriate method of sending flowers to someone in hospital in the first place.