Can we go through small claims court?

morgansdad

Hi all,

Without going into loads of details, we have a complaint against DFS (everyones favourite funriture store...)

I took a day off for delivery of an item which didn't turn up.

Can I sue them in the small claims court for the money I lost by taking a day off work (using a day of my annual leave allowance)

I emailed them but they haven't replied in 10 days.

hope someone can help.

thanks

Butlers1982

Can I sue them in the small claims court for the money I lost by taking a day off work

Arghhhhhhhhhh I find this so annoying people wanting to sue people for such petty things.
did they guarantee the delivery of the item, was that actually stated in the agreement?

If not, No.

Butlers1982

And to add, you didnt actually loose any money did you?

If it has come off your annual leave then you have been paid for it.

vetfred

It's annoying when these things happen but they happen all the time. Most likely you'll have agreed verbally to a delivery date which, in essence, is a contract. However, unless they were fully aware you would have to take a day off work and knew the financial implication to you should they not deliver on that date, then I'm not sure what you can do - as far as I know you'd have to prove they knew it would cost you if they didn't turn up otherwise I'm not sure how they could be found liable and how a court could award compensation.

morgansdad

Butlers1982 wrote: »

Arghhhhhhhhhh I find this so annoying people wanting to sue people for such petty things.
did they guarantee the delivery of the item, was that actually stated in the agreement?

If not, No.

May be petty to you, but sitting in the house for 8 hours, is not my ideal way of spending a day out of my annual leave entitlement - and of course it is a day that I cannot use again, therefore it HAScost me money.

as for guaranteeing delivery - they telephoned on Friday to say it would be delivered on the Monday. When I rang them at 3.30pm on Monday to see when it was coming, they said it was number 8 out of 10 deliveries on the wagon, so would be around 4.30. When I rang them at 4.45, they said it WASN'T actually on the wagon as it failed a Quality Control check the previous week and that someone should have called me on the Friday to say it wouldn't be delivered (yes - the same Friday that they called me to say it WOULD be delivered!)

So I sat at home like a tw*t waiting for something they knew wasn't even going to be delivered, and considering I earn the best part of £50 an hour - I don't see why they shouldn't pay up for my wasted time.

advent1122

and considering I earn the best part of £50 an hour - I don't see why they shouldn't pay up for my wasted time.

Glad to see your finances have improved.

vetfred

Perhaps the best way to deal with them if you're unhappy with their service would be to cancel the order and shop elsewhere so not to give them your money rather than to consider suing them (which I can't see doing anything than costing you money as per my previous comment) whilst also paying them at the same time.

morgansdad

advent1122 wrote: »

and considering I earn the best part of £50 an hour - I don't see why they shouldn't pay up for my wasted time.

Glad to see your finances have improved.

Thanks - hence I've not been using the forum for a while, but still - I reckon if I'd arranged delivery and I'd not been here when they turned up, I bet they'd charge me a fee - so fairs fair...;)

vetfred

Individual opinion on how the world should work and how the law actual operates are very different but if you wish to make a claim, you'd have to substantiate the points of them knowing you would lose money and the fact there was a verbal agreement. Otherwise you'd throw your money away. But you're free to use the legal system as you wish but it just doesn't work like individuals want it to in their particular case so if you get nowhere then you get nowhere. Best punishment is to not use the company.

Dave_Brooker

morgansdad wrote: »

considering I earn the best part of £50 an hour

What are you doing buying cheap sofas then?

advent1122

Who said it was cheap?