Requesting compensation pointers

Ginsipper007

Hiya, not wishing to go into the whole sorry affair, because it's a very long story, but I ordered a kitchen from a big high street retailer (in April), it was delivered, couldn't be fitted due to low ceiling height (their fault), plus there were other issues, they refunded cost of this kitchen (No.1) and we proceeded with kitchen No.2 (same supplier).  Problems:

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Kitchen No.1 would have been completed on 26th July, but kitchen No.2 (due to delivery timeframes) couldn't be completed until 21st  August.  Additional delays = additional disruption, takeaway costs, etc.

Shonky customer service (including shutting helplines during business hours, two different sets of mainframe computers being offline for days so status couldn't be checked / problems rectified) led to significant disruption and me investing loads of time to fix the issue.  For example, the retailer is working from my spreadsheets to establish what's faulty / been delivered / collected / refunds due / etc.  It kind of does beggar belief that they have no robust systems in place, e.g. simple things like delivery notes.  Anyway, it all adds up and I've kept a note of how much time it's taken me to resolve - calls (when the lines were open), visits to store, waiting for additional deliveries / collections, etc.

There's also some consequential stuff, like my husband having to miss his step mother's funeral, because we were given the choice of either that day / time or waiting several more weeks (while we were minus a kitchen), us having to cancel a trip away to celebrate his birthday as we needed to attend meetings with the retailer during this time and couldn't leave our daughter to fend for herself in a building site, me changing jobs and being unable to use the allotted time (August) to prepare because it was all taken up with the kitchen nightmare, etc.  While I understand consequential is consequential, I'd be interested to know whether any of this should be taken into account.

Essentially, the retailer have told me that they'll consider costs, as long as these are provided on headed note paper from a VAT registered company.  Apparently, they calculate food costs at a fixed daily rate.  What recourse do I have to encourage the retailer to consider compensation for lack of amenity, disruption and the huge amount of time it's taken me to work towards a resolution with them?  If everything had run to plan (yes, I know, things don't), then it should have taken roughly eight days.  Instead, totting up (from very detailed notes) all the additional hours spent, shows a total of 20 days worked (so 12 extra) and an additional 36 days of disruption.  Is there any remedy for this, or is it simply a case of suck it up, we pay our staff for their time, but all yours is voluntary?

Many thanks

DB1904

Ginsipper007 said:

Hiya, not wishing to go into the whole sorry affair, because it's a very long story, but I ordered a kitchen from a big high street retailer (in April), it was delivered, couldn't be fitted due to low ceiling height (their fault), plus there were other issues, they refunded cost of this kitchen (No.1) and we proceeded with kitchen No.2 (same supplier).  Problems:

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Kitchen No.1 would have been completed on 26th July, but kitchen No.2 (due to delivery timeframes) couldn't be completed until 21st  August.  Additional delays = additional disruption, takeaway costs, etc.

Shonky customer service (including shutting helplines during business hours, two different sets of mainframe computers being offline for days so status couldn't be checked / problems rectified) led to significant disruption and me investing loads of time to fix the issue.  For example, the retailer is working from my spreadsheets to establish what's faulty / been delivered / collected / refunds due / etc.  It kind of does beggar belief that they have no robust systems in place, e.g. simple things like delivery notes.  Anyway, it all adds up and I've kept a note of how much time it's taken me to resolve - calls (when the lines were open), visits to store, waiting for additional deliveries / collections, etc.

There's also some consequential stuff, like my husband having to miss his step mother's funeral, because we were given the choice of either that day / time or waiting several more weeks (while we were minus a kitchen), us having to cancel a trip away to celebrate his birthday as we needed to attend meetings with the retailer during this time and couldn't leave our daughter to fend for herself in a building site, me changing jobs and being unable to use the allotted time (August) to prepare because it was all taken up with the kitchen nightmare, etc.  While I understand consequential is consequential, I'd be interested to know whether any of this should be taken into account.

Essentially, the retailer have told me that they'll consider costs, as long as these are provided on headed note paper from a VAT registered company.  Apparently, they calculate food costs at a fixed daily rate.  What recourse do I have to encourage the retailer to consider compensation for lack of amenity, disruption and the huge amount of time it's taken me to work towards a resolution with them?  If everything had run to plan (yes, I know, things don't), then it should have taken roughly eight days.  Instead, totting up (from very detailed notes) all the additional hours spent, shows a total of 20 days worked (so 12 extra) and an additional 36 days of disruption.  Is there any remedy for this, or is it simply a case of suck it up, we pay our staff for their time, but all yours is voluntary?

Many thanks

Start by compiling a list of your actual losses put in your claim and see what they offer. Missing a funeral etc can only get you some goodwill.

ItsComingRome

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Hardly the end of the world. Having to work around bits of furniture is something we all have to put up with every now and again. I'd say "first-world problems" but I'd probably end up getting banned for upsetting someone.

Kitchen No.1 would have been completed on 26th July, but kitchen No.2 (due to delivery timeframes) couldn't be completed until 21st  August.  Additional delays = additional disruption, takeaway costs, etc.

It's not really an additional delay if your original kitchen was there for 6 weeks longer than your first one, is it? You still had your original kitchen to prepare foods in, the cost of takeaways was apparently a given regardless.

Shonky customer service (including shutting helplines during business hours, two different sets of mainframe computers being offline for days so status couldn't be checked / problems rectified) led to significant disruption and me investing loads of time to fix the issue.  For example, the retailer is working from my spreadsheets to establish what's faulty / been delivered / collected / refunds due / etc.  It kind of does beggar belief that they have no robust systems in place, e.g. simple things like delivery notes.  Anyway, it all adds up and I've kept a note of how much time it's taken me to resolve - calls (when the lines were open), visits to store, waiting for additional deliveries / collections, etc.

Happens all the time, the cost of doing business.

There's also some consequential stuff, like my husband having to miss his step mother's funeral, because we were given the choice of either that day / time or waiting several more weeks (while we were minus a kitchen), us having to cancel a trip away to celebrate his birthday as we needed to attend meetings with the retailer during this time and couldn't leave our daughter to fend for herself in a building site, me changing jobs and being unable to use the allotted time (August) to prepare because it was all taken up with the kitchen nightmare, etc.  While I understand consequential is consequential, I'd be interested to know whether any of this should be taken into account.

Unfortunate but not particularly relevant. Life happens and it could have happened when the original kitchen was being fitted too.

Essentially, the retailer have told me that they'll consider costs, as long as these are provided on headed note paper from a VAT registered company.  Apparently, they calculate food costs at a fixed daily rate.  What recourse do I have to encourage the retailer to consider compensation for lack of amenity, disruption and the huge amount of time it's taken me to work towards a resolution with them? 

Bite their hands off at this offer. It's way above and beyond what they're required to do (nothing.)
 

the_lunatic_is_in_my_head

ItsComingRome said:

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Hardly the end of the world. Having to work around bits of furniture is something we all have to put up with every now and again. I'd say "first-world problems" but I'd probably end up getting banned for upsetting someone.

 

Since we don't have any posters from developing countries requesting help as they don't have access to clean water, their children are dying from preventable and curable diseases and their government are corrupt reducing the aid that reaches them I'd say all the posts on this forum are first world problems, there are plenty of volunteering options available  


Which retailer was it OP? 

ItsComingRome

the_lunatic_is_in_my_head said:

ItsComingRome said:

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Hardly the end of the world. Having to work around bits of furniture is something we all have to put up with every now and again. I'd say "first-world problems" but I'd probably end up getting banned for upsetting someone.

 

Since we don't have any posters from developing countries requesting help as they don't have access to clean water, their children are dying from preventable and curable diseases and their government are corrupt reducing the aid that reaches them I'd say all the posts on this forum are first world problems, there are plenty of volunteering options available  


Which retailer was it OP? 

Don't get snippy with me.

You know exactly what I mean.

the_lunatic_is_in_my_head

ItsComingRome said:

the_lunatic_is_in_my_head said:

ItsComingRome said:

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Hardly the end of the world. Having to work around bits of furniture is something we all have to put up with every now and again. I'd say "first-world problems" but I'd probably end up getting banned for upsetting someone.

 

Since we don't have any posters from developing countries requesting help as they don't have access to clean water, their children are dying from preventable and curable diseases and their government are corrupt reducing the aid that reaches them I'd say all the posts on this forum are first world problems, there are plenty of volunteering options available  


Which retailer was it OP? 

Don't get snippy with me.

You know exactly what I mean.

No snippiness, light hearted banter  

Ginsipper007

Thanks for the replies.

I do (did) have a list of my actual losses, I was just wondering how to calculate those others that are incidental, hence the query.

In terms of whether or not it was 'the end of the world,' obviously, it's not up there with nuclear annihilation or mass extinction, however, it also wasn't a matter of being able to 'work around' the problem.  When I said 'filled my lounge,' I meant filled my lounge, as in we couldn't get our front door open properly, we couldn't get up the stairs without leapfrogging over items.  Also, it was a delay as my original kitchen wasn't there, why would it be, another kitchen had been designed and delivered?  Due to mistakes in the plans, we were unaware that the new kitchen couldn't be fitted until part way through the job.  The supplier have accepted this.  I'm slightly concerned by the 'happens all the time' comment, especially as Trading Standards seem/ed to grasp what I was (am) saying.  Similarly 'life happens.'

Anyway, luckily I didn't follow Rome's advice, 50% reduction (refund) on the cost of the kitchen and £500 compensation to dispose of the matter quickly.

Undervalued

Ginsipper007 said:

Hiya, not wishing to go into the whole sorry affair, because it's a very long story, but I ordered a kitchen from a big high street retailer (in April), it was delivered, couldn't be fitted due to low ceiling height (their fault), plus there were other issues, they refunded cost of this kitchen (No.1) and we proceeded with kitchen No.2 (same supplier).  Problems:

Rejected kitchen filled my lounge for six weeks (finally collected yesterday, 1st September, after no show collection on 6th August).  Lack of amenity.  Small mid terrace.  No garage.

Kitchen No.1 would have been completed on 26th July, but kitchen No.2 (due to delivery timeframes) couldn't be completed until 21st  August.  Additional delays = additional disruption, takeaway costs, etc.

Shonky customer service (including shutting helplines during business hours, two different sets of mainframe computers being offline for days so status couldn't be checked / problems rectified) led to significant disruption and me investing loads of time to fix the issue.  For example, the retailer is working from my spreadsheets to establish what's faulty / been delivered / collected / refunds due / etc.  It kind of does beggar belief that they have no robust systems in place, e.g. simple things like delivery notes.  Anyway, it all adds up and I've kept a note of how much time it's taken me to resolve - calls (when the lines were open), visits to store, waiting for additional deliveries / collections, etc.

There's also some consequential stuff, like my husband having to miss his step mother's funeral, because we were given the choice of either that day / time or waiting several more weeks (while we were minus a kitchen), us having to cancel a trip away to celebrate his birthday as we needed to attend meetings with the retailer during this time and couldn't leave our daughter to fend for herself in a building site, me changing jobs and being unable to use the allotted time (August) to prepare because it was all taken up with the kitchen nightmare, etc.  While I understand consequential is consequential, I'd be interested to know whether any of this should be taken into account.

Essentially, the retailer have told me that they'll consider costs, as long as these are provided on headed note paper from a VAT registered company.  Apparently, they calculate food costs at a fixed daily rate.  What recourse do I have to encourage the retailer to consider compensation for lack of amenity, disruption and the huge amount of time it's taken me to work towards a resolution with them?  If everything had run to plan (yes, I know, things don't), then it should have taken roughly eight days.  Instead, totting up (from very detailed notes) all the additional hours spent, shows a total of 20 days worked (so 12 extra) and an additional 36 days of disruption.  Is there any remedy for this, or is it simply a case of suck it up, we pay our staff for their time, but all yours is voluntary?

Many thanks

Limited to say the least!

If an individual or company is at fault you can reasonably be expected to be compensated for your actual quantifiable losses. In any legal claim you will be expected to have taken reasonable steps to mitigate your losses. Just because somebody is at fault doesn't mean you can run them up as big a bill as possible.

Beyond that, in the UK (unlike say the USA) courts tend not to award large sums for pure "distress and inconvenience". So if that is where it ends up you will be lucky to get more than a fairly nominal amount in that respect.

pinkshoes

You need to claim for your actual losses as everything else is a goodwill gesture. Just get receipts for takeaways (less what you would normally spend on food) along with charging your time spent on phone calls and admin dealing with it and request that. 

Missing the funeral was a choice. Could he not have gone on his own and you be at the house? Or get someone else to be at your house for delivery? Or just cancel completely and order from elsewhere? 

bris

Like buses. no ceiling height kitchen issues for years then two turn up in the last few days, what a coincidence.

This happens a lot, problems repeated  a few days later, lucky I'm not the suspicious type.

robatwork

Ginsipper007 said:

Anyway, luckily I didn't follow Rome's advice, 50% reduction (refund) on the cost of the kitchen and £500 compensation to dispose of the matter quickly.

Is this the offer or what you have already agreed to accept?