Delivery firm not sticking to agreed delivery date – should I take action?

geek84

Hi Folks

I recently bought an item from a catalogue. It got delivered last week and when I checkedthe contents of the package, it turned out that not all the parts of the itemwere included. I immediately phoned themup and they agreed to pick this package up on Tuesday (yesterday) but could notspecify a time – they said it can be anywhere between 8am and 6pm., and once itreaches their warehouse, they would send a replacement which would (hopefully)have all the relevant parts included.

I then decided not to go out to work on Tuesday (I am self-employed),and waited all day for the delivery man to pick up the package. However, nobody turned up.

I phoned them again this morning and ask the reason why theydid not come. The person on the otherline said they in fact did come but nobody answered the door. I know for a fact that nobody came because Istayed in all day and if they did come and nobody answered the door, then atleast they would have left some sort of note suggesting that they had come topick up the package.

Anyway, they did eventually turn up today and take away thepackage.

Can someone please advice whether or not I should take thisfurther, since I did lose a potential day’s wages.

Thanks in advance for your response.

arcon5

I doubt it.

They could argue you had a duty to mitigate your losses ie choose a day you wouldn't have been working. However, you agreed for them to collect the parcel on that day.

Any claim would be for the second day off - however, again you should be mitigating your losses.

You may also be required to prove your losses.... potential earnings isn't sufficient.

Have it rebooked for a day you're not working then send a letter of complaint asking for a goodwill gesture.

geek84

Hi arcon

Many thanks for your speedy reply.

Yes, I did agree a day with them (Tuesday - yesterday), but they did not come.

However,they did come today about 11am to collect the package.

So, I suppose I could claim for today?

arcon5

You could certainly try.

Have you actually suffered a loss though for today?

unholyangel

Basically what arcon is trying to say is, did you ask if they could pick it up on a day you were not working?

You said you "decided" not to go out to work.....can you pick and choose the days you can work or can you only work "normal office hours" (ie mon-fri 9-5 type thing)?

Say for instance you're a taxi driver.....you can effectively work any day of the week so not really losing any wages as such.

melbell

Not aimed at the OP in anyway!

I love the "its my human right to have a courier collection" then when you tell them collections are a low priority and may fail they say oh ok.

Then when they do fail. As a lot do, they moan, say theyve took a day off etc and they need to book the collection again, when you suggest they have other return methods, they moan and say its their human right to a courier collection

Well its not. When they start charging for them the better!