Issues with bathroom supplier

Skye_0505

We are having our bathroom redone and the work began on 6 January. 

I ordered supplies from a bathroom supplier, paid for the order on 14 November and scheduled delivery for 5 January. It was agreed with the bathroom supplier that if the order was placed by mid-November, this gave enough time for all the parts to be available for delivery on 5 January. 

On 3 January, I checked in with the supplier and they confirmed delivery was scheduled for 5 January. On delivery day, I received no communication so I called up around 11am to check what was happening and was told that my order hadn't been placed for delivery. They told me that they had a cancellation on 9 January and that all the parts for my order were in stock. Not ideal but only a few days delay to the project. 

It then transpired that part of the shower mixer was not delivered. I phone up the supplier again and they told me that it wasn't in stock and would be with me by 28 January. The bathroom work was supposed to be completed on 24 January and cannot now finish on time. 

We only have one bathroom in our flat so have been living in temporary accommodation while the work is taking place. 

I have complained to the supplier that their mistake has left me out of pocket as I have had to pay for temporary accommodation for an extra week (cost of the Airbnb for a week £375, I live in London so this was the cheapest one I could find nearby my flat). I asked them to refund in full the shower mixer (£371) as this is almost equivalent to the temporary accommodation costs. I'm obviously not going to return the shower mixer as I need it, but I feel that the supplier should compensate me for the costs their mistake has left me with. 

They are saying that the supply issue is out of their control. I made the point that if they had correctly placed my order then all of the parts would have been delivered on time and I wouldn't be in this situation. Their current response is that the part was in stock for orders scheduled for delivery on 5 January but they only had limited stock available and not enough stock to fulfill all of the orders that were already scheduled for delivery on that day. Therefore, even if my order had been correctly placed for delivery on 5 January, the shower mixer part may still not have been delivered. I don't believe this is true as they have changed their response on this several times, however, I don't really have a way to prove that. 

They have offered me £100 as a goodwill payment to recognise the inconvenience caused. My question is do I accept the £100 or keep arguing for the refund on the shower mixer? Could I make a s75 claim for the temporary accommodation costs incurred due to their failure to deliver all of my order on time?  

born_again

How much was the part of the mixer that was not delivered?
As that is going to be the crux of any S75 claim, not the cost of all the items.

Alderbank

You don't need to rent an entire apartment for a week in London just to have a shower!

Which borough are you in? If you are in Hammersmith for example, access to pool, showers, etc. at one of their leisure centres for a non-member is £6.20 a session. Three visits in a week should be enough.

Skye_0505

born_again said:

How much was the part of the mixer that was not delivered?
As that is going to be the crux of any S75 claim, not the cost of all the items.

The mixer was £371.27. I don't know how much the missing part would be on its own. I thought the s75 law allowed you to claim for consequential losses arising from the problem so if you could show that you incurred losses due to the problem, you could claim? 

Skye_0505

Alderbank said:

You don't need to rent an entire apartment for a week in London just to have a shower!

Which borough are you in? If you are in Hammersmith for example, access to pool, showers, etc. at one of their leisure centres for a non-member is £6.20 a session. Three visits in a week should be enough.

I would agree if it was just the shower that was being replaced, but there also isn't a toilet. The supply issue is with the shower parts but it has delayed the whole project. 

eskbanker

Skye_0505 said:

born_again said:

How much was the part of the mixer that was not delivered?
As that is going to be the crux of any S75 claim, not the cost of all the items.

The mixer was £371.27. I don't know how much the missing part would be on its own. I thought the s75 law allowed you to claim for consequential losses arising from the problem so if you could show that you incurred losses due to the problem, you could claim? 

Section 75 simply grants you the same rights against the creditor as you have against the supplier, so if there is a case for reclaiming direct losses arising from a breach of contract then that applies for either creditor or supplier, rather than being some sort of s75 perk as such.

born_again

Skye_0505 said:

born_again said:

How much was the part of the mixer that was not delivered?
As that is going to be the crux of any S75 claim, not the cost of all the items.

The mixer was £371.27. I don't know how much the missing part would be on its own. I thought the s75 law allowed you to claim for consequential losses arising from the problem so if you could show that you incurred losses due to the problem, you could claim? 

Subject to the item being in the price range £100 to £30,000K

So CC will be asking what part was missing & the cost of the item.  Consequential losses has a high bar. Not sure this case would wash 🤦‍♀️

How long were you in a Airbnb in total? 
Who was installing?

Aylesbury_Duck

Skye_0505 said:

Alderbank said:

You don't need to rent an entire apartment for a week in London just to have a shower!

Which borough are you in? If you are in Hammersmith for example, access to pool, showers, etc. at one of their leisure centres for a non-member is £6.20 a session. Three visits in a week should be enough.

I would agree if it was just the shower that was being replaced, but there also isn't a toilet. The supply issue is with the shower parts but it has delayed the whole project. 

Surely the toilet could have been usable by the original end date, and just the shower left to finish?

It sounds picky, but if you're trying to make a claim for consequential costs you have a duty to minimise those costs.

Skye_0505

Aylesbury_Duck said:

Skye_0505 said:

Alderbank said:

You don't need to rent an entire apartment for a week in London just to have a shower!

Which borough are you in? If you are in Hammersmith for example, access to pool, showers, etc. at one of their leisure centres for a non-member is £6.20 a session. Three visits in a week should be enough.

I would agree if it was just the shower that was being replaced, but there also isn't a toilet. The supply issue is with the shower parts but it has delayed the whole project. 

Surely the toilet could have been usable by the original end date, and just the shower left to finish?

It sounds picky, but if you're trying to make a claim for consequential costs you have a duty to minimise those costs.

It was a combination of them failing to deliver on the agreed date (5 January) and not delivering any of the supplies (including the toilet) until 9 January and then the order being incomplete (missing shower part) which as a combination has lead to delays.  

But I understand the point that you have a duty to minimise consequential costs and I guess it would be difficult to prove what the builders could or could have done had everything been delivered when it was supposed to. 

Skye_0505

born_again said:

Skye_0505 said:

born_again said:

How much was the part of the mixer that was not delivered?
As that is going to be the crux of any S75 claim, not the cost of all the items.

The mixer was £371.27. I don't know how much the missing part would be on its own. I thought the s75 law allowed you to claim for consequential losses arising from the problem so if you could show that you incurred losses due to the problem, you could claim? 

Subject to the item being in the price range £100 to £30,000K

So CC will be asking what part was missing & the cost of the item.  Consequential losses has a high bar. Not sure this case would wash 🤦‍♀️

How long were you in a Airbnb in total? 
Who was installing?

We have a firm of builders installing the bathroom. 

A week in the Airbnb, it was just a room, not a whole apartment or anything. It’s not like I took the opportunity to live it up and then thought I could get the money back from the credit card company. I would have much rather been in my own flat. 

I guess it’s just a frustrating situation of a company providing a bad service but there doesn’t sound like there’s much I can do about it. 

Jumblebumble

 

They are saying that the supply issue is out of their control. I made the point that if they had correctly placed my order then all of the parts would have been delivered on time and I wouldn't be in this situation. 

Alas you don't actually know that this is true

We have just ordered a Server power supply from Dell direct to resell and Dell took payment up front
2 weeks   later they have cancelled the order as below

Hi 

Thank you for your email.

I’m sorry to inform you that the order has been cancelled, as the part is no longer procurable and has reached End‑of‑Life (EOL). I understand this may be disappointing, and I appreciate your understanding.

Regards
Abhishek V N
Dell Technologies | GEA-EMEA Client Spares
Abhishek.V_n@Dell.com
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