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  • FIRST POST
    • tbo127
    • By tbo127 15th Aug 19, 5:40 PM
    • 28Posts
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    tbo127
    Failure by a luggage transfer service
    • #1
    • 15th Aug 19, 5:40 PM
    Failure by a luggage transfer service 15th Aug 19 at 5:40 PM
    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.
Page 2
    • Ms Chocaholic
    • By Ms Chocaholic 17th Aug 19, 7:20 PM
    • 10,529 Posts
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    Ms Chocaholic
    Either for the fuel to deliver the other bags I thought it was only your bag that was not delivered and I presume they carrier paid to get the bag delivered to your friends, unclear what your losses are or alternatively just the last days transfer since I was charged per bag per day but surely you didn't lose out, the bag was eventually delivered to you and it probably only contained your dirty laundry so what's an extra week.
    Originally posted by tbo127



    It's not clear what you are hoping to claim (see above in red).
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • tbo127
    • By tbo127 17th Aug 19, 8:16 PM
    • 28 Posts
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    tbo127
    No, all bags were delivered incorrectly to a local pub. All bags were forwarded to my address and not individually to my friends so I had to distribute the bag. There is a consequential loss here in that I had to use my own fuel here to get the bags to everyone. Had the bag transfer company not failed to deliver the bags to the correct place, I wouldnít have had to make these journeys to deliver the bags to about 5 different addresses.
    • tbo127
    • By tbo127 17th Aug 19, 8:18 PM
    • 28 Posts
    • 2 Thanks
    tbo127
    A loss of a week is also unacceptable. I paid for them to deliver to the station at a particular date and time which they agreed to. The fact I had to distribute the bags as a consequence of their failure is also unacceptable. The fuel must at least be claimable through compensation if there’s any ounce of common sense. I didn’t choose to use this fuel to make the delivery. I had to do it due to their failure which is clearly established.
    • Ms Chocaholic
    • By Ms Chocaholic 17th Aug 19, 8:19 PM
    • 10,529 Posts
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    Ms Chocaholic
    So how many miles are you talking?
    Why couldn't your friends collect their own bags from you?
    Thrifty Till 50 Then Spend Till The End

    You can please some of the people some of the time, all of the people some of the time, some of the people all of the time but you can never please all of the people all of the time
    • tbo127
    • By tbo127 17th Aug 19, 8:33 PM
    • 28 Posts
    • 2 Thanks
    tbo127
    That would then be a consequential loss for them. And I would have to stay at home for multiple days. All this is irrelevant anyway. Why should I be at the mercy of a business who failed to carry out their contract correctly? I have suffered consequential loss as a result of their failure full stop.
    • tbo127
    • By tbo127 17th Aug 19, 9:17 PM
    • 28 Posts
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    tbo127
    Total mileage about 40-50 miles
    • Aylesbury Duck
    • By Aylesbury Duck 17th Aug 19, 10:19 PM
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    Aylesbury Duck
    Total mileage about 40-50 miles
    Originally posted by tbo127
    So about £5 then. In fact, let's assume you drive uneconomically and it cost you £10.

    Jeez.....

    Send a Letter Before Action (templates can be found online) demanding the £10 be paid to you within 14 days and if not, you will take them to court.
    Last edited by Aylesbury Duck; 17-08-2019 at 10:21 PM.
    • powerful_Rogue
    • By powerful_Rogue 18th Aug 19, 5:07 AM
    • 3,884 Posts
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    powerful_Rogue
    If the contract was between yourself and the company, then as already pointed out earlier, I don't think you'll have any luck with the mileage claim.


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

    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.
    Originally posted by unholyangel
    • tbo127
    • By tbo127 18th Aug 19, 8:01 AM
    • 28 Posts
    • 2 Thanks
    tbo127
    Itís a consequential loss to me though. As a result of the breach of their contract, Iíve lost money. Also, Iíd note that one of the bags seems to have been lost by the courier as it still hasnít been delivered to me. Thatís a matter for the courier company though.
    • tbo127
    • By tbo127 18th Aug 19, 8:04 AM
    • 28 Posts
    • 2 Thanks
    tbo127
    In response to Foster dogs comment earlier, I told them I would be there 3 hours earlier on more than 1 occasion and they didnít reply. They also agreed in earlier correspondence that itís fine to deliver to the train station. Therefore the responsibility clearly lies with them as a breach of contract. Thereís no question about it.
    • NCC-1701
    • By NCC-1701 18th Aug 19, 8:48 AM
    • 444 Posts
    • 731 Thanks
    NCC-1701
    tbo127 you've probably wasted more time and effort arguing the toss on MSE about this than you spent sorting out the luggage. You are maybe owed £5 for fuel, get on with trying to claim it if that's what you want.....but is it really worth the effort?
    • unholyangel
    • By unholyangel 18th Aug 19, 10:54 AM
    • 13,865 Posts
    • 11,163 Thanks
    unholyangel
    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.
    Originally posted by tbo127
    Do you actually know what consequential losses are and under what circumstances they are recoverable?

    Because from what you've said so far, it doesn't sound like you do.

    Damages are recoverable under two limbs.

    Direct losses - these are losses that arise in the natural course of things (ie it would be obvious to the world at large that such a breach would result in such a loss). These are always recoverable.
    Indirect (aka consequential) losses - losses that would not be obvious to the world at large but that arise from particular circumstances. These are only recoverable if they were in contemplation of the parties before they were bound by the contract

    Anything else is deemed too remote and is not recoverable.
    Money doesn't solve poverty.....it creates it.
    • Aylesbury Duck
    • By Aylesbury Duck 18th Aug 19, 10:55 AM
    • 4,489 Posts
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    Aylesbury Duck
    In response to Foster dogs comment earlier, I told them I would be there 3 hours earlier on more than 1 occasion and they didn’t reply. They also agreed in earlier correspondence that it’s fine to deliver to the train station. Therefore the responsibility clearly lies with them as a breach of contract. There’s no question about it.
    Originally posted by tbo127
    So why are you still on here arguing with people when you're sure you're right?

    Just claim your £5 fuel with a LBA and take them to court if they don't stump up. Once you have your £5 back your losses are covered. That's it. Done. Unless you're going to go on and on about "the principle"......
    • tbo127
    • By tbo127 18th Aug 19, 5:51 PM
    • 28 Posts
    • 2 Thanks
    tbo127
    I am simply answering the questions being asked so I can get the best possible answers from all the helpful people here and seeing what counter arguments can be provided to any which I provide. I appreciate the help and advice.
    • powerful_Rogue
    • By powerful_Rogue 18th Aug 19, 6:01 PM
    • 3,884 Posts
    • 5,861 Thanks
    powerful_Rogue
    I am simply answering the questions being asked so I can get the best possible answers from all the helpful people here and seeing what counter arguments can be provided to any which I provide. I appreciate the help and advice.
    Originally posted by tbo127

    Can you answer this one that's been asked a few times. Is the contract only between yourself and the luggage company? (IE - Did you arranged and pay for it all?)
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