Delivery rights discussion

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My experience of claiming under the Delivery Rights...

After many missed/misdirected/late deliveries from Ebuyer (delivered by Yodel), I was losing my patience with their deliveries and I followed the procedure (template complaint letter) and received fair compensation from Ebuyer :money:. This was in 2013.

Good news is that they seem to have dumped Yodel :T -- this was the main point of the complaints to highlight the poor delivery service provided.

But it would appear that if you use this route for complaining they then give you a lifetime ban and refuse to accept orders from you, your business or your address . In my case, they seem to have also blacklisted my company and every address I've ever had stuff delivered to, so colleagues, family and customers are affected :mad:.

I have a feeling it's a bit of tit-for-tat. I have contacted them but to no avail. I'd have gladly given them another shot now they're not using Yodel but it's not going to be. Just wish they'd not be petty about it.

Anyway, just sharing my experience to make others aware.

pb101

Hi,

Quick query - having searched through the main site article and forum discussions - can anybody identify what is the actual law that has been introduced/broken when an appointment has been missed ?
Couldn't see exactly what the law/act is (apologises if just missed it)

...Context is that am chasing up BT for failed broadband appointment visits - for which I had to take time off work for (and lost earnings on), yet they are asking me to qualify what is the exact consumer right/law they have broken

PB

antheam77

Following a delayed delivery from John Lewis (I took a day off work and they didn't turn up), I had to take an additional day off work to accommodate the new delivery slot, as they told me they were unable to deliver over the weekend. I used the MSE template on the "Delivery rights" page and sent it to John Lewis, stating how much the extra day had cost me in lost wages (as per the template).

I have received a reply from John Lewis, offering me a £50 voucher "as a gesture of goodwill", with the following statement in their email: "As a company we do not offer compensation based on loss of work time earnings or lost holiday."

Is this correct, or should companies be offering compensation based on lost earnings (which is what I understood from the MSE article)?

Max.yates7

antheam77 wrote: »

Following a delayed delivery from John Lewis (I took a day off work and they didn't turn up), I had to take an additional day off work to accommodate the new delivery slot, as they told me they were unable to deliver over the weekend. I used the MSE template on the "Delivery rights" page and sent it to John Lewis, stating how much the extra day had cost me in lost wages (as per the template).

I have received a reply from John Lewis, offering me a £50 voucher "as a gesture of goodwill", with the following statement in their email: "As a company we do not offer compensation based on loss of work time earnings or lost holiday."

Is this correct, or should companies be offering compensation based on lost earnings (which is what I understood from the MSE article)?

I have just had the same with Homebase, they offered a £30 voucher for use in store as a goodwill gesture. They said their terms and conditions state that they do not cover loss of earnings etc.


Do we have any clarification on this matter.


Thanks for your help!

carlj0nes

Hi everyone I really need some guidance on what to do next, I ordered an item on Ebay and it was shipped using the Ebay global shipping program. The expected delivery was between the 10th and 19th of December.
On the 10th it had stated it was out for delivery but didn't arrive. Long story short it was out for delivery for nine days before I managed to get it. I phoned Ebay, 13Ten and Hermes (as they were sub contracted the delivery by Ebay) and was promised it would be delivered the next day.


I have completed the compensation form and emailed it to all three companies. 13Ten and Hermes I knew wouldn't give me any compensation as I didn't organise the delivery.
I have just received an email from Ebay saying they wont compensate.


Below is my compensation letter and Ebays Reply. I should also point out that Hermes refused to give me a complaint address which I have in writing from a live chat.




Dear Sir or Madam,


Ebay Item Number: 30180288**** Dell Precision Laptop.


Ref: Delivery complaint due to breach of contract


It was agreed that you would deliver to me on the 10/12/15,
then on the 11/12/15,
then on the 12/12/15,
then on the 13/12/15,
then on the 14/12/15,
then on the 15/12/15,
then on the 16/12/15,
then on the 17/12/15,
and then on the 18/12/15. When you finally delivered it to me


I have contacted Ebay via phone and live chat. I also contacted 13Ten and Hermes who you sub contracted the delivery to only to be told that the package would be delivered without fail on the following day. Unfortunately this did not happen until the 18/12/15 which was still within the expected delivery date but my issue is that I was promised delivery on nine days and it eventually arrived on the ninth.


I also contacted 13Ten about the issue and they said they would chase this for me and gave me the Hermes tracking details. I also used Hermes live chat service they offer and was appalled by how I was treated, the person I was speaking to even refused to point me in the direction of the complaints team.


I was compelled to take un-paid leave for 64 hourswhich represented a net loss to me of £1,055.992. I was always going to take one day’s holiday therefore the amount I will be claiming for is 56 hours which resulted in a loss of £923.993.I am writing to claim this amount back from you.I look forward to a full and prompt response to this letter within 14 days. Failing this, I will bring proceedings against you in the county court for damages and interest on them at the rate of 8% per annum and costs.


As a gesture of good will I haven’t attempted to claim for any phone calls or web chats about this matter.


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


Yours faithfully,


Mr Carl P Jones




Ebays Response:-


Hello Carl,

Thank you for getting in touch about your request for compensation due to the item 30180288 that you purchased from the seller "*******". Rest assured that I will look into this matter for you furthermore.

I completely understand your frustration about what happened, however eBay's policy is that we don't offer compensation in such situations.

While we do everything possible to ensure our service to assist you regarding your concern . Our User Agreement states that eBay is not liable for any loss arising on situations where it was the courier's fault that they have not delivered the item on time.

I hope this explains our position. I appreciate it is not the answer you were looking for and would like to thank you sincerely for your understanding on the matter.

Kind regards,

Charisse C.
eBay Customer Service

mije1983

carlj0nes wrote: »

Hi everyone I really need some guidance on what to do next

You told them you would take them to court, so isn't that your next action?

I don't fancy your chances of claiming back nearly £1000 though as you are expected to minimise your loss. You could have employed someone to house sit for much less than £16 an hour.

The fact that it was still delivered in the estimated time you agreed to at point of purchase would probably count against you. You accepted a 9 day window, so what was your plan to be available for all 9 days originally?

This may give you some tips:

http://www.moneysavingexpert.com/shopping/delivery-rights#


Also, you may want to remove any personal details you have posted, as this is a public forum that everyone can see and access.

zax47

carlj0nes wrote: »

Hi everyone I really need some guidance on what to do next

If I were the Carl Jones from M*r**** A*ro***** in C*mbr*dg* then 1) I'd take my personal details off an internet post, and 2) I wouldn't be putting "EngTech MiMeche" on an email to eBay, coz they won't be in the slightest bit impressed, it just makes you look shallow and pretentious to everyone else...

FWIW, you got what you were due in the agreed timescale you were due it - c'est la vie. Why not get it delivered to work, or doesn't your "EngTech MiMeche" give you the sense to do that?

Oh yes, if you think you have such a good case (yeah, right...) then sue - the Money Claim online site is; https://www.moneyclaim.gov.uk/web/mcol/welcome

Be sure to come back & let us know how that goes, we don't get enough laughs round here. :rotfl:

LilElvis

Carl, I don't see who you think you can sue in the small claims court.

You have no contract with the courier service.

EBay is an American company and therefore any rights you have with them are governed by the laws of that country.

Ditto the seller.

Unless you want to research American consumer law and hop on a plane to attend a court there then I can't see you getting anywhere with this.

tvenopa

I need to leave for a frend 10kg Parcel in London, N1 area. No any transporting needed. Anybody knows, where and how it is possible to do it.

wealdroam

tvenopa wrote: »

I need to leave for a frend 10kg Parcel in London, N1 area. No any transporting needed. Anybody knows, where and how it is possible to do it.

Not in the N1 area, no.

But you could consider a left luggage facility at one of the mainline railway terminals, Kings Cross Station and St Pancras Station are pretty close to N1, or Victoria Coach Station. The problem with that is that you need to get the package receipt to the other person.