Engineer cancelled, day off work and no notified

Hi

Wondering if I have any kind of claim here?

Basically we had a new oven installed on 23rd Dec and the bottom oven didnt work from the start.

Completed warranty registration and called company on xmas eve.

Earliest an engineer could attend was today, NYE so I booked the whole day off as it was an 8-6 window.

Turns out that the company the manufacturer subs work out to knows what the issue is and is waiting on a part so no engineer needed today.

No call was made to either my mobile or the landline (1471 shows the last call on the 22nd) and they claim a voicemail was left.

Now - I had to use a days holiday from next years allocation and the chances are I'll have to book another for the actual fix.

If I need to buy back that days holiday at any point it'll cost me around £200 so is it worth pursuing or am I likely to end up flogging a dead horse?

thanks
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Comments

  • Esqui
    Esqui Posts: 3,414 Forumite
    Who was the oven bought from? (and when was it bought?)

    I ask for two reasons:
    -Firstly, the retailer is ultimately responsible, although by going direct to manufacturer, you probably saved yourself some hassle.

    - Secondly, if it was bought very recently (as opposed to bought months ago and only installed last week), then you would have a right to reject the item and get a refund or replacement instead of repair. If it was bought longer ago, it would be difficult to convince the retailer that you have only just tried it (i.e. you've acted in a manner consistent with acceptance by keeping it for so long).

    On the subject of claiming for your time, I will throw this out there - as mentioned in a different thread, you have a responsibility to reasonably mitigate your losses (i.e. the effect that the repair has). Could you have booked the engineer for a different day when you weren't working, or arranged to swap a day? Would it have been feasible for a friend or family member to be in?
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  • wealdroam
    wealdroam Posts: 19,181
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    OP, have a read of MSE's Failed Delivery article.

    I know your wasn't a problem delivery, but the principle is the same.

    Simple put, you cannot claim for any loss today, because you had planned to take the day off anyway.
    You can claim for subsequent losses though... e.g. further time off because they failed to turn up today.
  • Hi

    The oven was purchased on the 17th dec via my kitchen installer so my "contract" is with him I guess? However, my beef is not about the fact its broken, it'll get fixed or replaced at some point.

    My issue is that if the company had called me and told me that they weren't going to send an engineer then I could have cancelled my day off. As it stands I will probably have to book another day off unless they do weekend calls. And no, no other family member to help out. Although it was a pain I was willing to use a days leave on the assumption I would have a working oven at the end of it!

    They claim a voicemail was left. It may have been but not on any of my numbers!!! I have checked they have the right numbers for me so they obviously misdialled.

    Voicemails are like texts - there's no guarantee that the person they're intended for actually receives them.
  • wealdroam wrote: »
    OP, have a read of .

    I know your wasn't a problem delivery, but the principle is the same.

    Simple put, you cannot claim for any loss today, because you had planned to take the day off anyway.
    You can claim for subsequent losses though... e.g. further time off because they failed to turn up today.

    I understand where you're coming from but they had the opportunity to let me know that I could cancel it.

    They didn't.

    I'd say that's slightly different, wouldn't you?
  • wealdroam
    wealdroam Posts: 19,181
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    I'd say that's slightly different, wouldn't you?
    No.

    Did you read the article?
  • Of course its different, they knew on the 27th Dec that they didnt need to come. They morally had an obligation to tell me so I could cancel my day off.

    They didn't.

    And yes, I read the article a few hours ago. Unfortunately it doesn't exactly cover this scenario.
  • Tigsteroonie
    Tigsteroonie Posts: 24,954
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    And yes, I read the article a few hours ago. Unfortunately it doesn't exactly cover this scenario.
    No, but it covers a similar scenario.

    The point that wealdroam is making is that whilst you aren't entitled to compensation for the wasted day today, you may be entitled to your costs of taking a second day of for the Engineer to visit.
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  • coopster1974
    coopster1974 Posts: 5 Forumite
    edited 31 December 2012 at 7:03PM
    No, but it covers a similar scenario.

    The point that wealdroam is making is that whilst you aren't entitled to compensation for the wasted day today, you may be entitled to your costs of taking a second day of for the Engineer to visit.

    Even though they knew the visit wouldn't happen last Thursday? I'm now down a days leave when I didn't need to be as they had 4 days in which to let me know - surely thats a duty of care failure?


    Anyway, thanks for the replies. Expecting a call from the complaints dept on Wednesday so will see what happens
  • bod1467
    bod1467 Posts: 15,214 Forumite
    It works out to be the same thing. You can claim for the SECOND day's leave you'll (probably) need to take, though you need to mitigate the costs where possible. I'd suggest that £200 for one day is probably stretching things though, unless you're on £50k+ per annum salary.
  • pinkshoes
    pinkshoes Posts: 20,039
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    I would insist that when they do come out, it is done on your day off (i.e. a weekend).
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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