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Littlewoods and my rights ?

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  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    mdbarber wrote: »
    As i said "TWICE" it was presented as a bluff because there was no precedent, the quantity of money being a deciding factor in "it could go either way" so would be bloody stupid to risk getting sued for unless you can afford to throw that amount away.
    Before implying people are stupid you should learn that mis-interpretation is one of the facts of life, maybe mine on advice received, maybe yours in the reading, either way a polite request for an explanation would have sufficed.

    You had already explained after SaraSeahorse told you that you were wrong, and you just got it even more wrong!

    Perhaps you could make a polite request to CAB for an explanation before posting information that would make the OP look like a muppet? :rolleyes:
    Gone ... or have I?
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    dmg24 wrote: »
    You had already explained after SaraSeahorse told you that you were wrong, and you just got it even more wrong!

    Perhaps you could make a polite request to CAB for an explanation before posting information that would make the OP look like a muppet? :rolleyes:

    Wow today i am obviously suffering major brain malfunction so please help
    just exactly which bit did i get wrong? and then which other bit did i get wrong?
    can you please point me to any definitive legal excerpts or precedents so i may correct the error of my judgment
    and what bit do i need explaining by CAB, my niece works in one so shouldn't be an issue as she has lots of volunteers eager to research such issues.
    click here to achieve nothing!
  • Butlers1982
    Butlers1982 Posts: 3,286 Forumite
    ring in and speak to a CEM, they are above team managers. explain whats happened and see if they can offer you anything further.
    Dont listen to the fools that say leave it outside or its unsolicited goods, you WILL be charged if anything happends to them I promise you.

    They may allow you to return it by a third party courier and recoup the costs, but they dont have to.

    Give them a reasonable deadline to collect ( a week wouldn't be unreasonable for a large company like this) and then state you will charge for storage at £20 a day there after.

    Rubbish
    Tell them to collect the next working day or they will be left in the garden to get stolen or !!!!!! on.
    A month???? The cheeky gits.


    silly silly

    If you read the terms and conditions in the back of the catalogue it will state what you can and cant do. As it is a large item and would have to be collected by a "2 man van" they only have them in certain areas at certain times. Its rubbish i know but thats what they have available
  • mdbarber
    mdbarber Posts: 1,116 Forumite
    ring in and speak to a CEM, they are above team managers. explain whats happened and see if they can offer you anything further.
    Dont listen to the fools that say leave it outside or its unsolicited goods, you WILL be charged if anything happends to them I promise you.

    They may allow you to return it by a third party courier and recoup the costs, but they dont have to.




    Rubbish



    silly silly

    If you read the terms and conditions in the back of the catalogue it will state what you can and cant do. As it is a large item and would have to be collected by a "2 man van" they only have them in certain areas at certain times. Its rubbish i know but thats what they have available

    The t&cs don't mean squat, there is no contract here.
    The op placed an order to purchase goods at an agreed price that order has not been fulfilled littlewoods are currently the only party in breech of any contract at this point by failing to supply goods they have been paid for.
    click here to achieve nothing!
  • Rex_Mundi
    Rex_Mundi Posts: 6,312 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    dmg24 wrote: »
    So if TS and CAB did not know of a precedent on it, then how can it be good advice? I don't know if it is you or them that are stupid!

    The 'quantity of money' is irrelevant for a court case, it is the law that matters.

    Perhaps you should go and learn something about the law before giving people such shockingly bad advice?!

    There could have been many hundreds of cases like this that already went through the County Court system, but not one of them could have set a precedent.

    The quantity of money could make a difference in a case like this. Because of the relatively small amount (£800), if this case went to court, it would be dealt with in County Court (small claims track).

    No precedent can be set in small claims regardless of who wins. It needs to be a higher court for a precedent to be set. This means that claims of this nature (generally claims of less than £5000) are decided on the merits of the case by a judge unless a precedent has been set by a higher court regarding the same principles of law.
    How many surrealists does it take to change a lightbulb?
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    Fish
  • IvanOpinion
    IvanOpinion Posts: 22,136 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    If you read the terms and conditions in the back of the catalogue it will state what you can and cant do. As it is a large item and would have to be collected by a "2 man van" they only have them in certain areas at certain times. Its rubbish i know but thats what they have available
    How many delivery vans are available is NOT the concern of the OP (nor should it be) .. the OP has made it clear that she considers the boxes to be a danger hazard to her children .. that IS her problem .. removal of the boxes and a perceived hazard is the responsibility of the company and it is up to them to organise their fleet to suit that purpoise.

    I think a week is a perfectly adequate timescale in this day and age.


    sort of reminds of a well known delivery company in the town where I used to live ... 'guaranteed next day delivery before 10:30am' seemed to mean 'Thursday afternoon' irrespective of when ordered :D

    Ivan
    I don't care about your first world problems; I have enough of my own!
  • IvanOpinion
    IvanOpinion Posts: 22,136 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    As an aside, we once got wrong goods delivered and we organised a time for them to be picked up (it was a small parcel of high value goods that was not causing any inconvenience). DW waited in all day and the van driver did not arrive. The following day there was a note through the door saying that they had called to pick up the goods and would I please phone an 0870 number to arrange another pick up .. yea right, like I was going to do that. A few days later someone phoned to enquire about the goods and I told them what had happened. When she said I should have phoned the number I ismply told her that I had no intention of being out money over their mistake. She organised another delivery and again the van did not turn up and I got another card 2 days later.

    So another week passed and I got a call demanding payment and I again explained the situation the conversation then went something along the lines of (kept very polite)
    CS: I will send a van out on Thursday to pick it up
    ME: No you won't because that is not suitable for me
    CS: Well that is when the van will be in your area
    ME: Then that is unfortunate Sunday morning will suit
    CS: Our drivers don't work Sunday mornings
    ME: Well then that is unfortunate, how about Sunday afternoon
    CS: Our drivers don't work Sundays at all
    ME: Then pick a day
    CS: I have already suggested Thursday
    ME: And that does not suit me, you already failed to turn up twice on Thursday
    CS: What about Tuesday then
    ME: I will just check that with my wife
    ME (to wife allowing CS to over hear): DW are you in on Friday?
    dW: I have to go out at 11am
    MW (to wife allowing CS to over hear): Do you want a lie in
    DW (confused): why not?
    ME (to CS): yes you can pick it up on Friday between 10:30 and 11AM
    CS: I can not guarantee you when our driver will be in the area but if you phone on Thursday they will be able to give you a morning or afternoon slot
    ME: No, you don;t understand, I have TOLD you the slot
    CS: But we do not know the run for the driver until the day before
    ME: yes you do, you know that between 10:30 and 11am you will be at <my address>. The door will not be answered at any other time. Also if you fail to pick it up for the third time then I will no longer accept any responsibility for it.

    The next Friday a van pulled up outside my house at 10:35 and collected. I have very limited patience for people who think my (or my wifes) time is irrelevant.

    Ivan
    I don't care about your first world problems; I have enough of my own!
  • smcaul
    smcaul Posts: 1,088 Forumite
    We had a very similar problem a few years ago, previous occupants of the house we were renting ordered a large flat pack from Next, they forgot to change address, it was delivered to us (next door neighbour took it in). Rang them and they said would be a couple of weeks, this was unacceptable as no room to store, gave them 24hrs to collect. If they can deliver in 24hrs (or 7 days or whatever) then they can collect in the same timescale.

    They failed to collect, so item was left outside in the rain, after 7 days contacted them again and told them I would be disposing of item at their cost, they collected next day!!

    It is their responsibility, not yours.
  • peediedj
    peediedj Posts: 1,267 Forumite
    just tell them that your only paying original price for the good if not collected in 7 days max,then sell it and make some cash at there expense
    Live in my shoes for a week,then tell me your lifes hard!
  • Blacksheep1979
    Blacksheep1979 Posts: 4,224 Forumite
    1,000 Posts Combo Breaker

    Rubbish

    It really isn't - whilst the goods aren't solicited they don't form part of the contract that you originally had with the retailer. By being outside the original contract you can charge for storage. Whilst I agree with your other parts about having to look after the goods or face being charged for them the retailer has to pay for this privalidge as long as you notify them of this and give them a reasonable period of time to rectify the situation. I would not reccomend paying for a courier yourself as you would most likely not see the money back without attempting to take them to court.
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