Delivery rights discussion

silk_2

Hello

I could use some advice.

We have had failed delivery on not one but two days so far, which has so far cost us two days holiday.We are currently on our third day off to try and get the delivery (Sofa from Harveys).

I am very shy on the phone and I wondered what is the best thing to do.. just send them a letter and skip the call?

I am naturally very angry.. I had barely any holidays left and have now eaten into time off I did need for Christmas (i.e. I now have to go in Christmas week).

We don't even have the sofas yet.. if they don't show today I will be at a loss for what to do.

maxgeezer

The infamous DAPW (Duvet and Pillow Warehouse) let me down 3 times after basically getting the date wrong, then not loading it and then losing the item!

I sent the template letter for compensation after losing 2.5 days off work......

They just replied:

Unfortunately DAPW at this time will not be able to fulfil the delivery of this mattress and therefore have, as of today 16th December 2013, issued you with a full refund, via the original payment method Paypal.
We apologise for any inconvenience caused during this time.

So anyone know where i stand now if they have refunded me? Have they now broken the contract? Can they break it? Can i still fight them?
They are just sticking 2 fingers up at me and saying have your money back and went ain't sending anything!

What now?

frugal_mike

maxgeezer wrote: »

The infamous DAPW (Duvet and Pillow Warehouse) let me down 3 times after basically getting the date wrong, then not loading it and then losing the item!

I sent the template letter for compensation after losing 2.5 days off work......

They just replied:

Unfortunately DAPW at this time will not be able to fulfil the delivery of this mattress and therefore have, as of today 16th December 2013, issued you with a full refund, via the original payment method Paypal.
We apologise for any inconvenience caused during this time.

So anyone know where i stand now if they have refunded me? Have they now broken the contract? Can they break it? Can i still fight them?
They are just sticking 2 fingers up at me and saying have your money back and went ain't sending anything!

What now?

When did the terms and conditions say the contract was formed? Most online contracts are formed when the seller dispatches the item, so they probably did breach the contract.

If they did breach the contract then you can claim any losses you suffered.

wealdroam

frugal_mike wrote: »

When did the terms and conditions say the contract was formed? Most online contracts are formed when the seller dispatches the item, so they probably did breach the contract.

If they did breach the contract then you can claim any losses you suffered.

Yes, DAPW did breach the contract.

From their T&Cs:

Purchase
Once you have placed an order through our website you will receive an order acknowledgement from us. This acknowledgment, simply acknowledges that your order has been received and is not an acceptance of that order.

Once we have received payment in full for each relevant order placed by you, together with the cost of any associated delivery charges, we will issue you with a despatch email, and only at this time is your order accepted by us.

John_Pierpoint

audirob wrote: »

As MSE is well viewed I hope many people will see this and hopefully improve your delivery success.

I am a trainer for a delivery company.

When ordering online in the third line of address detail that is rarely used put your telephone number. As this will always be printed on the delivery label and on his handheld scanner and the driver can call you if he has problems locating.

If you know your having a delivery please leave a note on the door or in your window specifying what neighbour will take your delivery in your absence.

If you want the parcel left leave a signed note saying where you want it left with a signature and the driver can take that away as your signature and leave the parcel as instructed.

I deliver between 50-110 stops per day and if people would do the above it would make things so much easier.

And also before I go it's busy this time of year and sometimes staff sickness or poor quality agency staff prevent us from being able to deliver first time but we want you to get your parcel as much as you want it!!

My New Year's Resolution is to put a "slam it shut lock" on my delivery parcel arrangement - same concept as a bank Night Safe.

Sybersal

My first attempt with music magpie! Was so proud as spend hours adding over 80 DVDs and CDs barcodes on to their website - boxing up and getting ready for promised courier today. I have had an email from them immediately saying on Tuesday 7th Jan between 8-8 they would collect my parcel. So I took the day off work (will have to make up the hours - and figure childcare) got someone to help me get my children to school - and then waited and waited. Nothing. I have just had an irritating online conversation where I had no apology - I just got told to reprint the label and take it to 'a local' agent. I wish to email a complaint but am I entitled to any compensation considering I have wasted a day? (Sorry if posted in wrong place) TIA

wealdroam

Sybersal wrote: »

My first attempt with music magpie! Was so proud as spend hours adding over 80 DVDs and CDs barcodes on to their website - boxing up and getting ready for promised courier today. I have had an email from them immediately saying on Tuesday 7th Jan between 8-8 they would collect my parcel. So I took the day off work (will have to make up the hours - and figure childcare) got someone to help me get my children to school - and then waited and waited. Nothing. I have just had an irritating online conversation where I had no apology - I just got told to reprint the label and take it to 'a local' agent. I wish to email a complaint but am I entitled to any compensation considering I have wasted a day? (Sorry if posted in wrong place) TIA

Yes, if you have suffered any losses you are entitled to be compensated.

I do not understand why you need to ask the question.

It is all explained in the MSE document linked to from the first post in this thread.

The whole point of this thread is to discuss that document, not individual cases.

Have a read of the original post again:

http://forums.moneysavingexpert.com/showpost.php?p=47394287&postcount=1

Sybersal

MSE_Rose wrote: »

Hi all, we've written a new Delivery Rights guide to help you get compensation for extra time off if you've lost out due to a delivery problems, and we'd love your feedback.

If you've tried the techniques mentioned in the guide, were you successful? Did you manage to get compensation, and if so, how much? Is there anything you'd add, or if you work for a delivery company, have you any insider tips?

Thanks for your help!

MSE Rose

Thank you - I did read the information and did feel I am entitled to claim - however I wanted to clarify as the article referred for items to be delivered - not being collected....! I apologise if I missed it I was then quite angry and am now calming down before I start to draft my email of complaint to them! Thank you

scootw1

Just checking. I ordered on thurday a new phone contract with carphone warehouse which came with a tv as a gift. I paid for saturday delivery of 7.50. On saturday dpd turned up with the phone but no tv. On checking it appears split the order in two with the phone as saturday delivery and the tv as next day delivery which was monday. I have had to now take today off work for delivery. Cpw have said they will refund the delivery cost and log a complaint. In addition, the cpw website says that all items under 50 pounds will be sent by royal mail so dpd should not have delivered that on saturday anyway. Taking these things into consideration i feel they have not honoured my instructions and led to taking time off needlessly. Even if they do deliver today which i think they probably will, do you think i shoukd be entitled to compensation for breaking the delivery time arranged and causing me to take time off work and if so how much compensation?

scootw1

Update: cpw offered me 15 pounds plus delivery charge which i have accepted. Pays to complain.