Failure by a luggage transfer service

unholyangel

tbo127 wrote: »

Yes but the time and fuel spent on delivery is wasted effort which wouldn’t have been required has the bag transfer company not failed to carry out their contract correctly. Their failure had consequential losses which in my opinion they are responsible for.

Do you actually know what consequential losses are and under what circumstances they are recoverable?

Because from what you've said so far, it doesn't sound like you do.

Damages are recoverable under two limbs.

Direct losses - these are losses that arise in the natural course of things (ie it would be obvious to the world at large that such a breach would result in such a loss). These are always recoverable.
Indirect (aka consequential) losses - losses that would not be obvious to the world at large but that arise from particular circumstances. These are only recoverable if they were in contemplation of the parties before they were bound by the contract

Anything else is deemed too remote and is not recoverable.

Aylesbury_Duck

tbo127 wrote: »

In response to Foster dogs comment earlier, I told them I would be there 3 hours earlier on more than 1 occasion and they didn’t reply. They also agreed in earlier correspondence that it’s fine to deliver to the train station. Therefore the responsibility clearly lies with them as a breach of contract. There’s no question about it.

So why are you still on here arguing with people when you're sure you're right?

Just claim your £5 fuel with a LBA and take them to court if they don't stump up. Once you have your £5 back your losses are covered. That's it. Done. Unless you're going to go on and on about "the principle"......

tbo127

I am simply answering the questions being asked so I can get the best possible answers from all the helpful people here and seeing what counter arguments can be provided to any which I provide. I appreciate the help and advice.

powerful_Rogue

tbo127 wrote: »

I am simply answering the questions being asked so I can get the best possible answers from all the helpful people here and seeing what counter arguments can be provided to any which I provide. I appreciate the help and advice.

Can you answer this one that's been asked a few times. Is the contract only between yourself and the luggage company? (IE - Did you arranged and pay for it all?)