Damaged Goods, missing goods, late delivery and restrictive terms

AndyP1957

We ordered nearly £1300 worth of cladding items on a Friday from a Company advising Next Day Delivery. In reality this would be on a Tuesday due to a Bank Holiday. We had the option of paying for this, or a vastly inflated figure for Saturday delivery.

On the Tuesday our Installer arrived just before Midday to be there to help unload (we are pensioners) unwrap and check the items. About 4pm we phoned as no goods, and after checking were told will definitely be with you by 6pm, so the installer stayed. This turned out to be a complete day wasted for him, as it never arrived.

The next day it eventually arrived and it was logged as weighing 120 kilos. There were no special carrying straps etc, as it was a general courier - the goods were bubblewrapped only.

The 5m boards were in the vehicle dangling over 2 hooks, causing them to bend at each end. At this point we identified that we had 10 minutes to unload and check the goods, and to return the entire load if faults were found. The driver refused to stay - he was only a courier and told them this after we complained on the phone, we took the phone back and they immediately hung up on us.

The courier left and it took 2 of us over an hour to unwrap and check. We identified appx £200 worth of damaged items or missing items - phones went unanswered so we emailed them - no reply.

Multiple attempts the next day also no reply - eventually got an email ignoring all the complaints we had raised asking for photos of the damage, which we arranged and emailed by return.

Since then almost a week later no response inspite of chasing them. By now its email only as we want a paper trail.

To compound the problem, as we only have a small drive in front the house, our installer put the good stuff on one side and the faulty the other side. Next morning all the faulty had disappeared - all we can assume is that a binman seeing the damaged items thought they were being helpful and took them away.

We know the attempted 10 minute ruling has no substance in Law, but where do we stand with regard getting compensation for the missing items, the broken items which we photographed, loss of money to pay the Installer for sitting around on the day the goods never arrived, and the Delivery charge which was not abided by with the delivery time

the_lunatic_is_in_my_head

Hello OP

Sorry to hear, sounds a bit of a mess.

Generally delivery times are given as estimates rather than guaranteed, the Consumer Rights Act says where delivery doesn't occur at the agreed time you may stipulate another timeframe and then treat the contract at an end if that also fails, unless you told them next day delivery "was essential" when ordering in which case skip the bit about another timeframe but as they were then delivered that doesn't really matter and with regards to the installers wages for "day 1" you are looking at damages for breach of contract but I think you'll find there isn't a breach as the T&Cs (assuming some where given) will say delivery times aren't guaranteed. 

Regarding the "faulty" goods, they should repair and replace,, if they don't you can reject for a refund but this comes with the duty to make the goods available for collection/return them which you can't do. 

"Day 2" of the installers wages is perhaps a bit up in the air, I'm not sure if you'd be able to claim anything or not, rights aside it's usually best to have the materials onsite before the installer is due to arrive for this very situation. 

With the "faulty" cladding now gone I'm not sure there is much you can do to be honest, I'd be haggling with the installer to write off the two days and you replace the missing cladding.

You might be entitled to the difference between standard delivery and that of next day but I'm guessing this is the smallest part of the overall problem.  

Not ideal I know, maybe someone else here has better advice than mine   

born_again

I think the biggest issue with co is that you have no faulty goods to prove your case, if they want them returning or photo proof of the damage.

Alderbank

born_again said:

I think the biggest issue with co is that you have no faulty goods to prove your case, if they want them returning or photo proof of the damage.

The seller did indeed ask for photo proof of the damage and the OP says they supplied it.

...asking for photos of the damage, which we arranged and emailed by return. Since then almost a week later no response...

Perhaps 'almost a week' is not really enough time for them to make an appointment with their legal adviser and decide on their course of action?

Jumblebumble

AndyP1957 said:

We ordered nearly £1300 worth of cladding items on a Friday from a Company advising Next Day Delivery. In reality this would be on a Tuesday due to a Bank Holiday. We had the option of paying for this, or a vastly inflated figure for Saturday delivery.

On the Tuesday our Installer arrived just before Midday to be there to help unload (we are pensioners) unwrap and check the items. About 4pm we phoned as no goods, and after checking were told will definitely be with you by 6pm, so the installer stayed. This turned out to be a complete day wasted for him, as it never arrived.

The next day it eventually arrived and it was logged as weighing 120 kilos. There were no special carrying straps etc, as it was a general courier - the goods were bubblewrapped only.

The 5m boards were in the vehicle dangling over 2 hooks, causing them to bend at each end. At this point we identified that we had 10 minutes to unload and check the goods, and to return the entire load if faults were found. The driver refused to stay - he was only a courier and told them this after we complained on the phone, we took the phone back and they immediately hung up on us.

The courier left and it took 2 of us over an hour to unwrap and check. We identified appx £200 worth of damaged items or missing items - phones went unanswered so we emailed them - no reply.

Multiple attempts the next day also no reply - eventually got an email ignoring all the complaints we had raised asking for photos of the damage, which we arranged and emailed by return.

Since then almost a week later no response inspite of chasing them. By now its email only as we want a paper trail.

To compound the problem, as we only have a small drive in front the house, our installer put the good stuff on one side and the faulty the other side. Next morning all the faulty had disappeared - all we can assume is that a binman seeing the damaged items thought they were being helpful and took them away.

We know the attempted 10 minute ruling has no substance in Law, but where do we stand with regard getting compensation for the missing items, the broken items which we photographed, loss of money to pay the Installer for sitting around on the day the goods never arrived, and the Delivery charge which was not abided by with the delivery time

You must have very dedicated binmen as most of the bin lorries have cameras on them to prevent the binmen form taking non domestic waste in return for backhanders
As has been said above there is no way any sensible company is going to refund unless they can have the goods back
I am sure that you are as honest as the day is long but some scoundrels would be tempted to use the damaged cladding in any case as well as claiming a refund
If the courier had arrived at 23.55 on Tuesday you would still have had to pay the installer for Tuesday

Okell

Jumblebumble said:

AndyP1957 said:

We ordered nearly £1300 worth of cladding items on a Friday from a Company advising Next Day Delivery. In reality this would be on a Tuesday due to a Bank Holiday. We had the option of paying for this, or a vastly inflated figure for Saturday delivery.

On the Tuesday our Installer arrived just before Midday to be there to help unload (we are pensioners) unwrap and check the items. About 4pm we phoned as no goods, and after checking were told will definitely be with you by 6pm, so the installer stayed. This turned out to be a complete day wasted for him, as it never arrived.

The next day it eventually arrived and it was logged as weighing 120 kilos. There were no special carrying straps etc, as it was a general courier - the goods were bubblewrapped only.

The 5m boards were in the vehicle dangling over 2 hooks, causing them to bend at each end. At this point we identified that we had 10 minutes to unload and check the goods, and to return the entire load if faults were found. The driver refused to stay - he was only a courier and told them this after we complained on the phone, we took the phone back and they immediately hung up on us.

The courier left and it took 2 of us over an hour to unwrap and check. We identified appx £200 worth of damaged items or missing items - phones went unanswered so we emailed them - no reply.

Multiple attempts the next day also no reply - eventually got an email ignoring all the complaints we had raised asking for photos of the damage, which we arranged and emailed by return.

Since then almost a week later no response inspite of chasing them. By now its email only as we want a paper trail.

To compound the problem, as we only have a small drive in front the house, our installer put the good stuff on one side and the faulty the other side. Next morning all the faulty had disappeared - all we can assume is that a binman seeing the damaged items thought they were being helpful and took them away.

We know the attempted 10 minute ruling has no substance in Law, but where do we stand with regard getting compensation for the missing items, the broken items which we photographed, loss of money to pay the Installer for sitting around on the day the goods never arrived, and the Delivery charge which was not abided by with the delivery time

You must have very dedicated binmen as most of the bin lorries have cameras on them to prevent the binmen form taking non domestic waste in return for backhanders...

Quite.  Where I live the binmen won't take anything that isn't in a wheelie bin.

The idea that they'd just decide to take some building rubble for free and without an "incentive" is bonkers.

screech_78

Okell said:

Jumblebumble said:

AndyP1957 said:

We ordered nearly £1300 worth of cladding items on a Friday from a Company advising Next Day Delivery. In reality this would be on a Tuesday due to a Bank Holiday. We had the option of paying for this, or a vastly inflated figure for Saturday delivery.

On the Tuesday our Installer arrived just before Midday to be there to help unload (we are pensioners) unwrap and check the items. About 4pm we phoned as no goods, and after checking were told will definitely be with you by 6pm, so the installer stayed. This turned out to be a complete day wasted for him, as it never arrived.

The next day it eventually arrived and it was logged as weighing 120 kilos. There were no special carrying straps etc, as it was a general courier - the goods were bubblewrapped only.

The 5m boards were in the vehicle dangling over 2 hooks, causing them to bend at each end. At this point we identified that we had 10 minutes to unload and check the goods, and to return the entire load if faults were found. The driver refused to stay - he was only a courier and told them this after we complained on the phone, we took the phone back and they immediately hung up on us.

The courier left and it took 2 of us over an hour to unwrap and check. We identified appx £200 worth of damaged items or missing items - phones went unanswered so we emailed them - no reply.

Multiple attempts the next day also no reply - eventually got an email ignoring all the complaints we had raised asking for photos of the damage, which we arranged and emailed by return.

Since then almost a week later no response inspite of chasing them. By now its email only as we want a paper trail.

To compound the problem, as we only have a small drive in front the house, our installer put the good stuff on one side and the faulty the other side. Next morning all the faulty had disappeared - all we can assume is that a binman seeing the damaged items thought they were being helpful and took them away.

We know the attempted 10 minute ruling has no substance in Law, but where do we stand with regard getting compensation for the missing items, the broken items which we photographed, loss of money to pay the Installer for sitting around on the day the goods never arrived, and the Delivery charge which was not abided by with the delivery time

You must have very dedicated binmen as most of the bin lorries have cameras on them to prevent the binmen form taking non domestic waste in return for backhanders...

Quite.  Where I live the binmen won't take anything that isn't in a wheelie bin.

The idea that they'd just decide to take some building rubble for free and without an "incentive" is bonkers.

Agreed. My general waste bin hasn’t been emptied before as the lid wasn’t fully closed. 

the_lunatic_is_in_my_head

Okell said:

Quite.  Where I live the binmen won't take anything that isn't in a wheelie bin.

The idea that they'd just decide to take some building rubble for free and without an "incentive" is bonkers.

Bet they'd throw anything in the back of the truck if a magical £20 note appeared! 

born_again

Next morning all the faulty had disappeared - all we can assume is that a binman seeing the damaged items thought they were being helpful and took them away.

With OP small drive one would expect someone to hear the bin men...

Odds on someone just happened along & helped themselves.🤷‍♀️Maybe installer fancied some.

Okell

born_again said:

Next morning all the faulty had disappeared - all we can assume is that a binman seeing the damaged items thought they were being helpful and took them away.

With OP small drive one would expect someone to hear the bin men...

Odds on someone just happened along & helped themselves.🤷‍♀️Maybe installer fancied some.

Yeah.  They've been nicked by someone, not taken by the "helpful" binmen...