Item Delivered Damaged

owens_2k

Hi,

Please move this post to the correct area if this isnt it.

I've had a read of the Delivery rights on MSE but I can't see on there if I'm entitled to any compensation. Heres what happened:

I had a dryer delivered by Curry's and it was damaged. The delivery team offered me 15% off the value which I declined. As a result they took it back straight away and arranged to get a another dryer delivered two days later. As a result of this I had to take an additional day off work to receive it.

I am communicating with Curry's through the resolver and I have informed them I would like compensation as a result of taking the additional day off.

I drafted the below to them...

Dear Customer Service Team,

On x you agreed to sell me a Tumble Dryer (Item code x)

It was agreed you would deliver to me on 17th April. You failed to deliver as the product was damaged. You would not then agree to deliver at a time which was convenient to me, and delivery was rearranged for, and took place on, 19th April. However, I incurred loss due to your breach of contract.

I was compelled to take unpaid leave for 5 hours on the 19th April which represented a net loss to me of £x. I am writing to claim this amount from you. Failing this, I will bring proceedings against you in the county court for damages and interest on them at the rate of 8% per annum and costs.

But they have responded with

Thank you for your email dated 08th May 2019.

Upon looking into your query I am sorry to learn about the inconvenience caused regarding your item not being delivered on the day it was supposed to be delivered however we wont be able to place a monetary value on inconvenience. I regret therefore, that I am unable to consider compensation for the inconvenience caused.

Although this may not be the outcome for which you were hoping, I trust that this response clearly explains our position on this matter.

Thank you for taking the time out to contact Team knowhow. For any further assistance please call us on 0344 561 1234

So even though I have placed a monetary value on the inconvenience, they say that they can't. This is the second time they have sent me this 'stock' response

Do I have a leg to stand on here? Has anyone had dealing with Curry's through resolver in the past?

JJ_Egan

Reads more like we do not pay compensation for late deliverys .
Take your case to the county court .

Manxman_in_exile

I'd try writing to them again pointing out why you think their response is inadequate (eg you've told them what the loss to you has been in terms of lost wages so the fact they can't put a value on it is irrelevant).


The Online shopping guide (which it looks like you've already read) certainly suggests you can claim for the extra day off, especially if they can't arrange a delivery time convenient to you.


Not sure what complications there may be from the fact it was initially delivered, but was damaged. I don't see that that matters.


I'd suggest threatening court action is a last resort if you don't get a satisfactory resolution.

owens_2k

Ive replied to them basically saying as you have. That I have specified the monetary loss so how can they say they can't quantify it when I've given them the figure.

See what comes of it. In 12 days I can escalate it.

theonlywayisup

owens_2k wrote: »

Ive replied to them basically saying as you have. That I have specified the monetary loss so how can they say they can't quantify it when I've given them the figure.

See what comes of it. In 12 days I can escalate it.

Resolver is nothing more than a wallet for emails....take this into your own hands and escalate it now.

unholyangel

owens_2k wrote: »

Ive replied to them basically saying as you have. That I have specified the monetary loss so how can they say they can't quantify it when I've given them the figure.

See what comes of it. In 12 days I can escalate it.

Tell them specifically that you are not claiming anything for inconvenience. You are claiming losses that you incurred due to their breach of contract.

That is assuming you told them when rearranging delivery that you would have to take unpaid time off and had no reasonable way to mitigate that loss.