Failure by a luggage transfer service

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tbo127
tbo127 Posts: 130 Forumite
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in Consumer rights
I used a luggage transfer company in order to transfer luggage for myself and a group of friends from place to place we stayed during a holiday. On the last day, the company delivered the bag to a nearby hotel instead of the rail station it was meant to deliver to with no prior notification. At this point, I had no phone signal, and being a rural station there was no available public phone, and had no choice but to board the train as I had a time restricted ticket. On calling the company at the first available opportunity, I was told it was my own fault for not calling them when the bags had not arrived. I had to push them to courier the bags back home which caused a delay of a week in receiving the bags and then further hassle having to deliver the bags to my friends. To this date, the company have not admitted fault or sent me a single apology. My question is what rights do I have in requesting a full refund as compensation.
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  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    From what you've said, it sounds like the company did courier the bags to you and you aren't out of pocket so you would have no rights enforcing a right to a refund.

    Wouldn't stop you asking for a goodwill gesture but I wouldn't hold my breath.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • tacpot12
    tacpot12 Posts: 7,972 Forumite
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    What have you lost as a result of their failure to deliver the bag correctly? Any compensation would be related to your loss, and you have a duty to minimise this loss where it is reasonable to do so.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • tbo127
    tbo127 Posts: 130 Forumite
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    Time and also fuel used to deliver the bags to my friends.
  • JJ_Egan
    JJ_Egan Posts: 20,281 Forumite
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    Quantify your losses fuel yes your time maybe .


    Rights to a full refund no as they carried out most of the contract.
  • unholyangel
    unholyangel Posts: 16,863 Forumite
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    JJ_Egan wrote: »
    Quantify your losses fuel yes your time maybe .


    Rights to a full refund no as they carried out most of the contract.

    I have my doubts about fuel being claimable. Time definitely won't be.

    1) They're his friends - people usually see their friends

    2) It sounds like they only entered a contract with the OP, not the friends (otherwise surely they would have sent them back to each friend). So their liability would be to deliver to the OP, not the friends.
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • tbo127
    tbo127 Posts: 130 Forumite
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    Yes but the time and fuel spent on delivery is wasted effort which wouldn’t have been required has the bag transfer company not failed to carry out their contract correctly. Their failure had consequential losses which in my opinion they are responsible for.
  • tbo127
    tbo127 Posts: 130 Forumite
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    I meant “had the transfer company carried out their contract correctly.”
  • Fosterdog
    Fosterdog Posts: 4,948 Forumite
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    How do you know for certain that they didn't try to deliver to the train station but couldn't find you and couldn't contact you because you didn't have any phone signal? You say they gave no prior notification but how can they notify you if you are the one who is uncontactable? Sounds like they tried to do you a favour by leaving the luggage at a safe nearby hotel instead of either taking them back or leaving them unsecured at the train station.

    If they had in fact attempted to deliver to the station but couldn't because of your lack of communication then you are lucky that they forwarded the bags to you at no additional cost to yourself.
  • tbo127
    tbo127 Posts: 130 Forumite
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    Then they should have contacted me beforehand. The onus is on them to deliver to the correct address regardless of anyone being there or not. It is not stated in their contract that they’ll take anywhere else and therefore they deviated from the contract with no prior notification expecting me to guess the time there’ll be there and that they’d take it to a different address. I should not have to worry about that since I paid them to fulfil their contract correctly.
  • JJG
    JJG Posts: 330 Forumite
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    So you would’ve been happier if they’d delivered the bags to the train station and left them unattended? What would your complaint have been if they had then been stolen?
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