Hi Folks,
After having some success with advice from this brilliant forum before I'm back to ask for your help again...yeah, sorry about that :(
Story is this: Goods ordered from online retailer, extra paid for next day delivery. Goods HAD to be delivered next day as they were to come with me to a job the day after delivery & I was leaving early. 2 items ordered, sent to me by the supplier by 2 different couriers (go figure! Should've known it'd be a mess at this point!)
On the morning of the delivery I was told that the important item wasn't going to be delivered as it had not left the couriers depot the night before. I told the courier company I would collect but that they would have to sort out my losses with their client - backed this up with an email to the courier company CEO & the suppliers customer service team. Cue a 120 mile round trip. I sent the suppliers an invoice for £50 in fuel which is exactly what it cost me. I had to have this item & as I understand it my contract was with the supplier not the courier......
Anyway, supplier says they won't pay, says they will fight any chargeback I make against them with the credit card company & that they will defend any legal case, they do refund me the delivery charge which I reject as an insult - they send me a line from their T&Cs which says they will not be responsible for any losses, to which I replied that the law overrides their T&Cs, that they are effectively in breach & that I will take them to court.
As I see it for the amount involved I have little to lose by taking them to court for it to prove a point, letting them defend it & relying on the common sense of a judge saying "pay the man, your courier screwed up, you recover the loss from them as they have breached their contract with you as a supplier" - right?
After having some success with advice from this brilliant forum before I'm back to ask for your help again...yeah, sorry about that :(
Story is this: Goods ordered from online retailer, extra paid for next day delivery. Goods HAD to be delivered next day as they were to come with me to a job the day after delivery & I was leaving early. 2 items ordered, sent to me by the supplier by 2 different couriers (go figure! Should've known it'd be a mess at this point!)
On the morning of the delivery I was told that the important item wasn't going to be delivered as it had not left the couriers depot the night before. I told the courier company I would collect but that they would have to sort out my losses with their client - backed this up with an email to the courier company CEO & the suppliers customer service team. Cue a 120 mile round trip. I sent the suppliers an invoice for £50 in fuel which is exactly what it cost me. I had to have this item & as I understand it my contract was with the supplier not the courier......
Anyway, supplier says they won't pay, says they will fight any chargeback I make against them with the credit card company & that they will defend any legal case, they do refund me the delivery charge which I reject as an insult - they send me a line from their T&Cs which says they will not be responsible for any losses, to which I replied that the law overrides their T&Cs, that they are effectively in breach & that I will take them to court.
As I see it for the amount involved I have little to lose by taking them to court for it to prove a point, letting them defend it & relying on the common sense of a judge saying "pay the man, your courier screwed up, you recover the loss from them as they have breached their contract with you as a supplier" - right?
Delivery Mess - Sue for losses
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