Next Day Delivery missed, compensation rights?

akira181 · 10 December 2019 at 1:39PM

Can someone give me some insight on my rights here?

I planned to build a new PC and purchased all the components on the evening of Thursday 28th Nov (payment completed Friday morning 2am). I paid for Next Day Delivery (Mon-Fri) as that was the cheapest option available and the website I used said "Order before 3pm for same day dispatch" although that is currently not stated and next day delivery no longer offered as they are quite backlogged.

I delayed my business trip and took Monday 2nd Dec off to wait for it but I later found out my order was not dispatched until late Sunday 1st and would not arrive on time. It arrived Tuesday and noone was in to receive it as I had left for my business trip. I rescheduled delivery for Friday 6th and took another day off work.

The order arrived Friday 1PM but the PC case was missing. Found out later that DPD left a second package at the Depot and would not arrive until Monday 9th. As I cannot afford to take a third day off work, I have no holidays left, both my neighbours also work during the day, and they cannot guarantee a PM delivery time, I had no choice but to cancel the second package. Now I have a bunch of PC components that I cannot use until I find time to get a case to put them in.

I'm assuming I can claim for consequential loss and potentially loss of enjoyment. My day rate works out to roughly £120, can I claim for the full amount or is that unreasonable?

Aylesbury_Duck · 10 December 2019 at 1:46PM

akira181 wrote: »

Can someone give me some insight on my rights here?

I planned to build a new PC and purchased all the components on the evening of Thursday 28th Nov (payment completed Friday morning 2am). I paid for Next Day Delivery (Mon-Fri) as that was the cheapest option available and the website I used said "Order before 3pm for same day dispatch" although that is currently not stated and next day delivery no longer offered as they are quite backlogged.

I delayed my business trip and took Monday 2nd Dec off to wait for it but I later found out my order was not dispatched until late Sunday 1st and would not arrive on time. It arrived Tuesday and noone was in to receive it as I had left for my business trip. I rescheduled delivery for Friday 6th and took another day off work.

The order arrived Friday 1PM but the PC case was missing. Found out later that DPD left a second package at the Depot and would not arrive until Monday 9th. As I cannot afford to take a third day off work, I have no holidays left, both my neighbours also work during the day, and they cannot guarantee a PM delivery time, I had no choice to cancel the second package. Now I have a bunch of PC components that I cannot use until I find time to get a case to put them in.

I'm assuming I can claim for consequential loss and potentially loss of enjoyment. My day rate works out to roughly £120, can I claim for the full amount or is that unreasonable?

You can claim what you like, you may not get it. As I see it you are entitled to a refund of any items not delivered, plus delivery costs you paid, and possibly compensation for your quantified and reasonable losses which won't include your "day rate".

akira181 · 10 December 2019 at 2:14PM

The day rate bit was me needing to take extra time off work as the original date was missed. I calculated day rate by taking my last monthly payslip and dividing by 20

Is that not covered by consequential loss? At least, that was my understanding of the MSE article for late or missed delivery.

Gavin83 · 10 December 2019 at 2:32PM

Did they not offer a weekend delivery option?

the_lunatic_is_in_my_head · 10 December 2019 at 2:37PM

I think the question that has to be asked here is, is it necessary to take a day off work to receive a parcel?

A fridge or sofa fair enough but a small box by courier can be left in safe place, redelivered x amount of times and some offer the option to have the parcel delivered somewhere else at the very least most offer the option to collect from the depot.

I understand not every option may be suitable to everyone's circumstances and although you can ask the company for anything if they say no your option is to file through small claims.

If you failed to mitigate your losses it will affect your chances of winning or receiving a payout that covers the hassle of the process.

You can't claim loss of enjoyment. Your actual loss may be time of work but as above was it really necessary?

Wiseguy · 10 December 2019 at 4:06PM

The duty to mitigate is a duty recognised post-breach unless there is a contractual equivalent which is unlikely in thiis type of scenario.

It's plausible to argue loss of enjoyment for this type of contract since presumably the PC is to provide pleasure and relaxtion within their meanings, but I think the OP might find it difficult to claim anything beyond a nominal amount e.g. £10, £20 since the delay wasn't really that long.

I would expect the supplier to exclude consequential losses in their terms and conditions but a lot of consequential losses can also be direct losses. It would seem the loss of a day at a rate of £120 could be recoverable, possibly two days if you could argue that the first day was a wasted day due to the incomplete delivery.

akira181 · 10 December 2019 at 4:33PM

thanks for the replies. When I ordered initially, weekend delivery was a more expensive option. When I called to find out where my parcel was, I was told that they were backlogged and weekend delivery not possible and PM delivery not guaranteed.

I work and so do my neighbours, so delivery people cannot get into my building during normal working hours most of the time. The failed delivery on the Tuesday had a picture of the building and not my front door, so it's likely that was the case again.

I tried redirecting the parcel but DPD did not let me select a new address or depot location for pickup. I think it had to go to the billing address. There are no suitable safe places to my house plus it was a signed for delivery. Not that it matters as a full PC in components is a fairly big parcel that's not easy to hide (too big for a wheelie bin without being crushed for example). Rescheduling the delivery between Mon - Fri was my only option.

I'd go as far as to say 1 week for a next day delivery is quite a long wait, especially considering that one of the items did not arrive so everything I bought is currently unusable until I find time to get a case.

I was basically thinking of asking for a £60 store credit or £30 plus the initial £15 P&P. I don't think that's unreasonable for being messed around and wasting my holidays

custardy · 10 December 2019 at 4:33PM

Were you given a parcel shop option?

Aylesbury_Duck · 10 December 2019 at 4:54PM

akira181 wrote: »

I was basically thinking of asking for a £60 store credit or £30 plus the initial £15 P&P. I don't think that's unreasonable for being messed around and wasting my holidays

I agree, I don't think that's unreasonable.

akira181 · 10 December 2019 at 4:59PM

custardy wrote: »

Were you given a parcel shop option?

No, no change of address was allowed. I would have redirected to my office, collected at the depot, or a parcel shop if I could have. Mon to Fri delivery were my only options.

unholyangel · 10 December 2019 at 8:23PM

Wiseguy wrote: »

The duty to mitigate is a duty recognised post-breach unless there is a contractual equivalent which is unlikely in thiis type of scenario.

It's plausible to argue loss of enjoyment for this type of contract since presumably the PC is to provide pleasure and relaxtion within their meanings, but I think the OP might find it difficult to claim anything beyond a nominal amount e.g. £10, £20 since the delay wasn't really that long.

I would expect the supplier to exclude consequential losses in their terms and conditions but a lot of consequential losses can also be direct losses. It would seem the loss of a day at a rate of £120 could be recoverable, possibly two days if you could argue that the first day was a wasted day due to the incomplete delivery.

Loss of enjoyment/distress/inconvenience can only be claimed where the purpose of the contract itself was to provide enjoyment/relaxation. The purpose of this contract was to provide computer components. The fact those goods might bring the user enjoyment is neither here nor there, because it was not the purpose of the contract itself.

Think holiday, wedding planner....that sort of thing.

akira181 wrote: »

No, no change of address was allowed. I would have redirected to my office, collected at the depot, or a parcel shop if I could have. Mon to Fri delivery were my only options.

You said in your previous post that DPD would not allow you to change the address, did you only reschedule with DPD or did you ask the retailer to deliver to another address? DPD are the retailers agent therefore strictly speaking, they're only obliged to take directions from their customer.

Did you inform the retailer you'd have to take another day off at x cost if they couldn't make alternative arrangements? I'd also question your calculation of your day rate. If you're salaried (which I suspect you are) then its generally salary / 260.

You should definitely get a refund of the next day delivery - because you paid for a service that was not provided. But anything extra would depend on exact circumstances.

Next Day Delivery missed, compensation rights?

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