Would this count as a missed delivery compensation claim?

juliushibert

I signed up for a new BT fibre contract. I’ve been waiting for 2 months now to get it installed. It’s a 2 part process.


The first was completed with a box being installed on the out of my property.


The final connection of equipment into the property was due to be done yesterday. But the engineer never turned up. After some phone calls BT said they knew the engineer wouldn’t be attending the appoitment due to a fault at the local exchange stopping them from successfully completing the final part of the install. But BT just failed to communicate this to me.


So I wasted a day off work as holiday and have been told it’s probably going to be another month before the issue is resolved and a new appointment for install will be available.


I’d seen this story on MSE about missed deliveries. Can I use this as a basis to claim compensation for being messed around and loss of income and inconvenience?


https://www.moneysavingexpert.com/shopping/delivery-rights#claim

baza52

I assume it was a paid holiday day from work and if so then your not out of pocket.
What losses did you suffer?

pinkshoes

juliushibert wrote: »

So I wasted a day off work as holiday and have been told it’s probably going to be another month before the issue is resolved and a new appointment for install will be available.

Assuming this was paid holiday entitlement, then you have no losses to claim for.

If you have taken unpaid leave, then you may have a case.

glentoran99

pinkshoes wrote: »

Assuming this was paid holiday entitlement, then you have no losses to claim for.

If you have taken unpaid leave, then you may have a case.

Wouldn't matter, the person is losing a days holiday, that has a monetary value, Im not saying the person has a valid claim but its equally valid whether it was paid or unpaid leave

KeithP

juliushibert wrote: »

I’d seen this story on MSE about missed deliveries. Can I use this as a basis to claim compensation for being messed around and loss of income and inconvenience?


https://www.moneysavingexpert.com/shopping/delivery-rights#claim

Of course you can.

The principle is exactly the same - you have suffered a loss due to their failure.

George_Michael

KeithP wrote: »

Of course you can.

The principle is exactly the same - you have suffered a loss due to their failure.

The OP hasn't suffered any financial loss yet.
Whether the BT engineer turned up or not, the OP would have taken a days holiday so even though that engineer didn't arrive, they are in the same financial position as if they did.

Any possible financial loss will only occur should the OP be required to take another day off work and only if this happens, would they have a valid claim.
If might be the case that the next appointment can be organised for a date or time when the OP will already be available without the need for them to take time off.

KeithP

George_Michael wrote: »

The OP hasn't suffered any financial loss yet.
Whether the BT engineer turned up or not, the OP would have taken a days holiday so even though that engineer didn't arrive, they are in the same financial position as if they did.

Any possible financial loss will only occur should the OP be required to take another day off work and only if this happens, would they have a valid claim.
If might be the case that the next appointment can be organised for a date or time when the OP will already be available without the need for them to take time off.

Yes, effectively the OP's question was "can I use that article in the same way for a service failure"?

And my answer was "yes, the same principle applies".

I'm sure you have read that article and the point you make is detailed there. But the point remains - beit a failed delivery or a missed appointment the 'victim' is able to use the content of that article as a basis for any claim.

DoaM

George_Michael wrote: »

The OP hasn't suffered any financial loss yet.
Whether the BT engineer turned up or not, the OP would have taken a days holiday so even though that engineer didn't arrive, they are in the same financial position as if they did.

Any possible financial loss will only occur should the OP be required to take another day off work and only if this happens, would they have a valid claim.
If might be the case that the next appointment can be organised for a date or time when the OP will already be available without the need for them to take time off.

Is the right answer.
If the supplier can't arrange an appointment at a time that the OP can support without requiring paid or unpaid leave THEN the OP will have suffered a financial loss.

But yes - the principle of that article applies here too.

juliushibert

Thanks for all the advice.

For clarity it was a day of unpaid leave. So financial loss has incurred.

I'll try and arrange a date for them to re-attend at date and time that wont cause me to take further unpaid leave.

Ganga

juliushibert wrote: »

Thanks for all the advice.

For clarity it was a day of unpaid leave. So financial loss has incurred.

I'll try and arrange a date for them to re-attend at date and time that wont cause me to take further unpaid leave.

But as others have said,if the engineer had turned up you would still need to be there so would have to take unpaid leave.