Compensation for failed delivery

WillCalderwood

paddyrg wrote: »

Sounds like you're doing what you can!

Anyhow, if the retailer arranged delivery then that's who the contract is with, courier are their agents. Could you cancel the order by mutual consent and go to a local supplier and take a unit off the shelf if needs be? Years ago, different commercial landscape maybe, but I sold white goods - and if a gap in the display was the difference between a sale or the competitors getting the sale, you can be sure we'd be out with the cardboard pronto - might be worth a go?

I live several hundred miles away which does complicate things further. It's also a 185cm fridge and I don't have a very large car, so I'd have to hire a van to get it to the house which would make picking up the fridge myself a very expensive option.

paddyrg

WillCalderwood wrote: »

I live several hundred miles away which does complicate things further. It's also a 185cm fridge and I don't have a very large car, so I'd have to hire a van to get it to the house which would make picking up the fridge myself a very expensive option.

That's a pain. Local man with van who'll take £20 cash? Or anyone locally you know who might have a loaner fridge for a week? Maybe a caravan park or holiday cottage? Or even at the tip .

Just floating a few ideas, they may all be impractical, but in case they're good long term tenants who need looking after! When you find someone who'll keep the place well and give you money for say 10 years, it becomes worth any amount of short term messing about! Everyone would love tenants who last longer than their appliances

arcon5

I'd say this does come under the category of consequential loss, jumping the gun or not.
But they'd need to mitigate their loss' - so why can't they eat the food that will go off quickest first? Ask a neighbough or friend to store some food for them?
I doubt if they tried to help themselves they'd lose much if anything.

I wish all landlords cared for keeping tenants happy though - rather than seeing them as mere peasants permitted to live in their property empire.

WillCalderwood

They do also have a 185cm freezer - so they have loads of freezer space. I've suggested they use 6+ large bottles of water and switch frozen ones into the fridge twice a day to keep it cool. I can't believe the fridge would be very warm if they did this for a few days. It's an A rated fridge so it'll be well insulated.

I've had a look online at the local area for an alternative supplier, but it would appear shops don't really keep stock of large appliances in London, not too much of a surprise really.

bris

The tenants are at it, trust me they are looking for a quick buck from you.

If you pay them they will see you as a soft touch and scam you every chance they get, tell them they jumped the gun and it's not your problem.

arcon5

bris wrote: »

The tenants are at it, trust me they are looking for a quick buck from you.

If you pay them they will see you as a soft touch and scam you every chance they get, tell them they jumped the gun and it's not your problem.

I disagree. There's every chance they simply jumped the gun and now panicking that they've just wasted a lot of money - bearing in mind even small numbers can be a lot to some people.
Even if we did all agree they jumped the gun, I'd still sympathise with them as it is easily done sometimes.

arcon5

A comparable situation could be arranging to pick a friend up knowing your car is in the garage the day before. When there is a chance the garage could have ordered the wrong part or it's possible the part doesn't fix it after all etc.

SuperHan

They may have jumped the gun, but they will have needed food.

It's annoying, I had a similar problem with my sofa delivery. I got my confirmed delivery date, got rid of the original sofa 2 days before and then was told it would be another 4 week wait before the new one was delivered.

I huffed and puffed, as although I was told I shouldn't have got rid of the sofa, I didn't have room for 2, so what was I supposed to do when the new one arrived? I live in an apartment block, so no garden etc for temporary storage. I ended up with £100 compensation vouchers from the retailer, as I think they understood that I wasn't being unreasonable, but it took an e-mail to the CEO to get that.

It may be worth trying the same tactic here? Vouchers won't cost them much, but are quite valuable to you (especially if you shop there often) and you can pass them on to the tenant too if they would want them.

Legally, I think it's quite grey, but asking for goodwill is usually the best approach instead of spouting rights and compensation claims.

michaelvintner

marliepanda wrote: »

No. It's a bit odd buying food for a fridge you don't have. That wouldn't come under compensation for consequential loss. They jumped the gun.

I would have waited for the fridge to turn up, made sure it worked and then gone shopping.

unholyangel

As someone else has said....the fridge wouldve needed time to settle etc before even being turned on - never mind being ready to store food.

So unless they ordered the food to arrive well after delivery (to allow the fridge a day to settle and then to get up to the correct temp), then they have jumped the gun and at best (from tenants view) they have contributed towards the loss if not responsible for it themselves imo.