Bathstore

paulgosling

Hi,


I purchased my new bathrooms through Bathstore, I paid using my MBNA CC, they did not deliver an item with the rest of my order. I called the store first thing on a Monday spoke to a member of staff who would look into it then call me back. I never got a call so had to chase, when I eventually got back through they told me it would be with me by Wednesday. No delivery on Wednesday, so I called this morning to chase, they told me this had been delivered. I told them it hadn't, he then said he would investigate this and call me back in 20 mins, an hour went by no call. So I called the store again who said they can deliver it the following Monday, which would be ok if I did not have the plumber in this week.


I then called the customer service team who spoke with the store and arranged for it to be delivered tomorrow. This would have been ok but my plumber told me that he was waiting for the radiator to complete what he needs to do in the bathroom which he had planned to do today due to being told that it was going to be delivered yesterday. He has claimed a full days work when he only did half a day due to the missing radiator. When I told the member of customer service this they said I would have to take it up with the store but she would talk to them for me and get them to call me back, this has not happened. Now my whole job is delayed the plasterer can't do what he needs to do etc etc


My point really is that when trying to claim any compensation from Bathstore due to me being out of pocket due to the missing item, can I claim anything on my CC?

PeacefulWaters

You can claim from one or the other. They both have equal liability for your time and additional costs.

paulgosling

How would I claim against the CC company?

derps

Pick up the phone to the card issuer and discuss options with them.

The note above about joint liability for time and costs only applies in certain circumstances which might not necessarily be relevant.

The item missing would have to cost in excess of £100 and, arguably, it would have to be an express contract term that time was of the essence in order for a couple of days' delay to constitute an actionable breach of contract. This is unlikely from my experience (retailers don't put conditions like that in their standard terms because it's not in their interests to do so) but it's possible that the card issuer wouldn't take a hard stance on this point if the item wasn't super expensive because it was understandable that you've been inconvenienced.

If it wasn't over £100, your only redress would be through the chargeback scheme which won't apply if they deliver it a little late and no consequential losses would be covered at all.