Delivery rights discussion

visidigi

MR_ET wrote: »

HI MSE,

I used your late delivery complaint letter and Time is Essence sentence, and got a reply. Any advice what I should do next.

Thanks



Hi xxxxxx,

Thanks for your email which contained your complaint.

I have read through your complaint however I do need some additional information.

Points you are claiming for :


1. Loss of enjoyment – No Monetary value.

2. Phone Calls – We provide a free phone number.

3. Reschedule for time to wait – Need to provide me proof of loss of earnings.

Upon receipt of this information I will look a little bit further in to your claim.

Kind Regards

Ian Murphy

Aftersales Manager


From: xxxx
Sent: 17 February 2013 14:39
To: Customer Service
Subject: FW: Memoryfoam Warehouse Late Delivery



Dear Sir/Madam,



It has been 1 month since I wrote this complaint.

If I do not hear back from you by the end of this week, ending 22 February 2013.

I take it you no longer want to discuss to find a solution.

Yours faithfully,


From: xxxxxx
To: customerservice@memoryfoamwarehouse.co.uk
Subject: FW: Memoryfoam Warehouse Late Delivery
Date: Fri, 18 Jan 2013 18:24:33 +0000



The Memoryfoam Warehouse

Head Office Unit 1

Chantry Bridge

Wakefield

West Yorkshire

Wf1 5DL



Dear Sir or Madam,



Order number: xxxxx

Ref: Delivery complaint due to breach of contract


On 22 December 2012 you agreed to sell me Price Buster DoubleFaux leather Ottoman bed frame.

It was agreed you would deliver to me on Friday 28 December 2013. You failed to deliver. You would not then agree to deliver at a time which was convenient to me, and delivery was rearranged for, and took place on, 10 January 2013 However, I incurred loss due to your breach of contract.

In addition, I also claim £100 for some having to reschedule time to wait for the delivery, phone, and compensation for loss of enjoyment and for inconvenience. This brings my total claim to £100. I look forward to a full and prompt response to this letter within 14 days. Failing this I will bring county court proceedings against you for damages, interest at the rate of 8% per annum and costs.

I look forward to your response within the next 14 days.

Yours faithfully,

Provide what they ask for?

£100 claimed...for what exactly? You've put forward no evidence to back up your claim, did you think they would just cut you a cheque?

sirmarcus

This is brill.

I work a shift that starts late afternoon and finishes late evening.

I order stuff to be delivered during the day and. if I don't get it before I start work, I just send an email to the CEO and hey presto....I get an offfer of compensation.:beer::money:

Arabela75

I had 3 missed appointments (31st Aug, 2nd Oct and 1st Nov 2012) from a BT engineer to install the TalkTalk landline/broadband in my property. No explanation, no apologies from TalkTalk. And I was told the reason for that was that an engineer 'could not gain the access to the property' - despite me staying home all these days and despite me phoning them many times on these days to inform them that I was waiting and an engineer was not there.

I was clearly told that an engineer's visit in my property was necessary and someone needed to be at home on a 'go live day' between 8am-1pm. I live in a village 3 miles away from my son's school in the town. My friend needed to come from the town to pick up my son and take him to school.

I raised a few complaints in the meantime and I was promised many times that my new line would be installed for 100% next time and I was given a new 'go live date' - the dates of course were missed again.

They re-scheduled finally (after even more complaints) for 10th Jan, but I moved a house in the meantime, so I informed them about this fact - I cancelled this order and I believed 2 do a 'house move' with a new order.

Broadband went live within few days at a new address. I have been with TalkTalk from 15th Jan at the new address. They however took no notice of me moving a house and me cancelling the old order and as a result they missed another app (10th Jan - this would have been a 4th missed app in a row! if I wouldn’t be in a process of moving a house) and they phoned me few days later after that date (this time it was finally!!! them calling me!) to inform me there are problems with my line and to give me a new 'go live date' on 8th of March!!! Luckily I wasn't at that address anymore!!!

I asked them many times to fully investigate what is cousing so many problems, but I have received no satisfactory explanation so far.

I paid upfront £114 on 14th Jul 2012 for a year line rental and I have only received this money back via cheque last Monday 11th of Mar 2013 with £65 compensation (£25 for the 1st missed app, £20 for 2nd &3rd missed app).

And there are few questions at the end:
- Do you think it was a fair compensation?
- Can I additionally claim for the costs of all the phone calls made to them?
- Can/Should I claim any intrest?
- Can I claim for inconvenience with arranging an alternative way of taking my son to school?
- Can I claim for the difference between what I would be paying while being with TalkTalk and what I have actually paid while being a Sky customer? Excluding the costs of phone calls made of course.
- Can I claim for a cost of 1 month notice given to Sky at the end? I believe being with TalkTalk at that time and simply 'moving a house' with TalkTalk would result in just few days time needed to disconnect the service at my old address.

claire1011

Hi everyone.
On the evening of the 21st March I placed an order for 2 large bags of dog food totalling £60 (after £10voucher applied) at a large pet e-retailer. I had an email shortly after stating that delivery would be by DPD within 3-5 working days. On Monday 25th March I received an emailing stating that the order would be delivered on Tuesday 26th March. After arranging a family member to stay at home on the Tuesday to receive this order, it didnt turn up, I emailed the Retailer and they said "it will be delivered shortly". The same again the next day, family member stays home all day and no delivery, i email retailer again. On Thursday (day 3 of relative staying home) i receive an email at 4.40pm stating that an electronic error had occured and i will receive the order within 2 working days. Taking into account the bank holiday, this takes us up to Wednesday the 3rd April. Im absolutely fuming. What are my rights? I also now have to go out and buy more dog food as i have completely run out. Does anyone have any thoughts?
Thanks
Claire.

deadplant

Hello,

I hope someone can advise.

I've order made to measure blinds from 247blinds.co.uk. I paid an extra £10 for 'fasttrack' service, where the front page of their website says "fasttrack - made to measure blinds delivered next day" (i have taken and stored a screenshot). I placed an order on 27th March, i was informed that the item was dispatched on 28th, and so arranged to be home for delivery on 29th (no show) and then the 30th (the saturday). No delivery was made, and no communication from company.

I've since contacted 247blinds.co.uk about this, but they say this was a problem with the courier, and that they only guarantee to dispatch next day, and no promise about actually delivering.

I've asked about refunding the extra price i've paid for delivery, but they have refused, and saying that the item would be delivered today. This is useless to me as i'm at work, as is all my neighbours. Even if this was delivered successful today, it would still be 6 days after the order date.

I'm under the impression from reading this article that they are responsible to meet the "delivered next day" promise as was advertised, but i'm just looking to clarify this before i start sending letters.

Ultimately all i want is my goods delivered when they were expected. I would have happily taken a refund of the £10 extra i paid and a delievery rescheduled for when i could be there, but due to the complete inflexibility i've seen, i'm happy to spend the time to follow formal routes.

Also, as these are "made to measure", do the distance selling regulations still apply? Could i just not accept delivery and get a full refund?

Any help appreciated

woodenman

Hi,

Similar issue, though not identical.

I've had some problems getting repairs sorted for a gas oven under the standard 1 year warranty that I bought from Homebase. Whilst I did have an engineer contact me or turn up each time as promised, because of basic mistakes by their back-office in ordering the wrong part I've had to waste 3 days annual leave and will now have to waste a 4th.

Does anyone know whether the rules for compensation are similar to missed deliveries, or if not then what my rights are in this case? I don't mind an honest mistake, but there were some basic checks that could have been done beforehand to prevent this from happening (in both cases the engineer turning up had a feeling that the part was wrong before he arrived - if he could have seen the part before, this could have been avoided) and loss of 4 days AL is 20% of what I get for the entire year!

wealdroam

woodenman wrote: »

Does anyone know whether the rules for compensation are similar to missed deliveries...

The principle is exactly the same.

Rainbow0175

Hi,
Can anyone tell what my next course of action should be! I bought an item from eBay by PayPal the courier states he delivered the item to my back door where a lady signed for the item. Neither me and my husband were home that day and there is no sign of the parcel. I have contacted the company who I bought the item from and they forwarded me a email from the courier which shows a signature which is more like a swirl and nowhere like my signature. I have rung the courier and their answer to this is no ones signature looks like theirs on a electronic pad! I have disputed this with eBay and PayPal and they have sided with the company and I am left having paid a lot of money for an item I never received! What's my best course of action now!

custardy

Rainbow0175 wrote: »

Hi,
Can anyone tell what my next course of action should be! I bought an item from eBay by PayPal the courier states he delivered the item to my back door where a lady signed for the item. Neither me and my husband were home that day and there is no sign of the parcel. I have contacted the company who I bought the item from and they forwarded me a email from the courier which shows a signature which is more like a swirl and nowhere like my signature. I have rung the courier and their answer to this is no ones signature looks like theirs on a electronic pad! I have disputed this with eBay and PayPal and they have sided with the company and I am left having paid a lot of money for an item I never received! What's my best course of action now!

contact the Police

bobwilson

Hi everyone, just to let you know, I tried the "Failed Delivery" template letter on an online shop that failed to deliver on time, but it had no effect. I included the cost I had lost by having to take an extra unpaid day off work. Here is the reply I got:

"I can advise I have reviewed this issue with my senior adviser and
unfortunately Ebuyer does not offer compensation. We sincerely apologise that the order was delayed.... however there is nothing further we can offer.

Please accept my apologies for any inconvenience or annoyance caused as a result of this matter."

So it looks like the MSE "failed delivery" letter didn't have much effect !