Advise on late delivery compensation

28
Posted 19th FebEdited by:"g33h1"
Hi friends, I am trying to help a friend who had raised a complaint to one of the mobile network regarding a delayed delivery but had been declined/pushed back.

Below is the picture what he described to me:

1. He upgraded his contract and got a new phone deal
2. He waited for the delivery whole day but it didn't come
3. After checking with network, he was told it will be next day (additional day. ordered on say 1st Feb to be delivered on 2nd Feb but now on 3rd Feb)
4. He got it next day but he had to stay home for the delivery, in addition to the day before.

HE complained for the delay which caused him to stay home and missed work. He was pushed back suggesting that he is not a business customer so he cannot ask for any loss of day compensation.

Is it true? Are the normal users who don't have business accounts cannot ask for their loss of time, salary or enjoyment from the companies when they don't deliver on promised day?

Has he got any chance to proceed with his complaint or just accept this outcome?
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Must have been a really important delivery that it required a day off work.
There is no delivery guarantee. If there is one, any claim is limited to that. He is wasting his time.
g33h119/02/2020 16:30

He is a self employed and had a new client meeting which he moved to get …He is a self employed and had a new client meeting which he moved to get his expensive phone. Network did promise next day delivery, does that count?


I'll be honest, I really can't comprehend the fact that someone would move a new client meeting for the sake of a phone.
I think your friend qualifies for compensation under Consumer Delivery Act 1D10T
28 Comments
There is no delivery guarantee. If there is one, any claim is limited to that. He is wasting his time.
bozo00719/02/2020 16:03

There is no delivery guarantee. If there is one, any claim is limited to …There is no delivery guarantee. If there is one, any claim is limited to that. He is wasting his time.


Does that mean the guarantee was only to deliver the phone but not about the day/time?
Should have just got it delivered to their workplace then zero days off required. No chance of compo unless they paid for guaranteed day insured delivery that offered it in their terms
g33h119/02/2020 16:12

Does that mean the guarantee was only to deliver the phone but not about …Does that mean the guarantee was only to deliver the phone but not about the day/time?


generally, yes. Just covers loss.
Must have been a really important delivery that it required a day off work.
these problems are part and parcel of first world problem and i am sure we have all had experiences like this. taking time off work to wait in for a delivery is the customer's own decision. the mobile provider did not ask them to do this so can not be held accountable for loss of wages.

if you had paid for guaranteed delivery on a particular date and it did not turn up, then the most you could claim would be the refund of the postage paid.

tell your friend to enjoy his phone and move on.
g33h119/02/2020 16:12

Does that mean the guarantee was only to deliver the phone but not about …Does that mean the guarantee was only to deliver the phone but not about the day/time?


From the numbered timeline I don't see any obligation for provider to supply an item to customer the day after order.
The next day delivery stated in item 3 was successful.
Not clear what is being expected.
chocci19/02/2020 16:14

Should have just got it delivered to their workplace then zero days off …Should have just got it delivered to their workplace then zero days off required. No chance of compo unless they paid for guaranteed day insured delivery that offered it in their terms


He is a self employed and had a new client meeting which he moved to get his expensive phone. Network did promise next day delivery, does that count?
AndyRoyd19/02/2020 16:22

From the numbered timeline I don't see any obligation for provider to …From the numbered timeline I don't see any obligation for provider to supply an item to customer the day after order. The next day delivery stated in item 3 was successful.Not clear what is being expected.


Sorry, just edited the post to make it clear. The phone was promised for next day delivery but it didn't arrive and then it was arranged (again) for following day (two days after order).
Edited by: "g33h1" 19th Feb
g33h119/02/2020 16:30

He is a self employed and had a new client meeting which he moved to get …He is a self employed and had a new client meeting which he moved to get his expensive phone. Network did promise next day delivery, does that count?


read their delivery T&Cs. No-one here can answer that
g33h119/02/2020 16:32

Sorry, just edited the post to make it clear. The phone was promised for …Sorry, just edited the post to make it clear. The phone was promised for next day delivery but it didn't arrive and then it was arranged (again) for following day (two days after order).


Did buddy pay for a next day service to be despatched on a certain day? If so, buddy may be entitled to refund of postage cost. It is unlikely there is any consequential loss associated with any failure, unless buddy requested / funded CL.
If no CL, best buddy may hope for is some gesture of goodwill, but your text suggests the supplier has offered no goodwill.
t&c will exclude consequential loss. move on.
next time I would use where ya drop it off at shop, depending which delivery was used,so much easier then you just pick it up when you finish work
i used to get my orders delivered to the office until one day a printer i ordered went missing. the people at the office thought it was for the office and put it into storage! i told amazon it never arrived and they sent out a new one. months later, someone told me they had found a box in the store room and it was addressed to me! i ended up with two printers!
chocci19/02/2020 16:35

read their delivery T&Cs. No-one here can answer that


He didn't receive any (as I even asked him to read that first). Everything was just what he was told on the phone but he was promised next day delivery. I guess his luck...
AndyRoyd19/02/2020 16:43

Did buddy pay for a next day service to be despatched on a certain day? If …Did buddy pay for a next day service to be despatched on a certain day? If so, buddy may be entitled to refund of postage cost. It is unlikely there is any consequential loss associated with any failure, unless buddy requested / funded CL.If no CL, best buddy may hope for is some gesture of goodwill, but your text suggests the supplier has offered no goodwill.


No, he did not. He was promised next day but wasn't charged for it.

Yes, supplier offered no goodwill, sadly.
Pricklerickle19/02/2020 16:50

next time I would use where ya drop it off at shop, depending which …next time I would use where ya drop it off at shop, depending which delivery was used,so much easier then you just pick it up when you finish work


agree. He said he was excited about new phone and it is an expensive one so decided to stay...
mutley119/02/2020 16:54

i used to get my orders delivered to the office until one day a printer i …i used to get my orders delivered to the office until one day a printer i ordered went missing. the people at the office thought it was for the office and put it into storage! i told amazon it never arrived and they sent out a new one. months later, someone told me they had found a box in the store room and it was addressed to me! i ended up with two printers!


g33h119/02/2020 17:17

agree. He said he was excited about new phone and it is an expensive one …agree. He said he was excited about new phone and it is an expensive one so decided to stay...


So phone was more important than business? Then there is no loss, right?
g33h119/02/2020 16:30

He is a self employed and had a new client meeting which he moved to get …He is a self employed and had a new client meeting which he moved to get his expensive phone. Network did promise next day delivery, does that count?


I'll be honest, I really can't comprehend the fact that someone would move a new client meeting for the sake of a phone.
Next day delivery often depends on what time it is, and whether a cut of time has passed.
Imagine ordering a phone with next day delivery at 23:59 compared to ordering it earlier at 00:01 the same day.
I think your friend qualifies for compensation under Consumer Delivery Act 1D10T
Although he may not be entitled but if second attempt was screwed I think he should get some.
I paid for next day delivery on an iPhone 11 at Xmas. EE missed a letter out the postcode. It ended up in Sheffield sorting office. Took a few days to get to me. Had a day off the first day and mum waited the second day it arrived in 4 days. Did I even contemplate a loss of earnings claim. No. Move on x
mutley119/02/2020 16:20

these problems are part and parcel of first world problem


Yep muttles, you never have those do you?
Sorry guys, I have been travelling so couldn't get back. Though I respect everyone's views and personal experiences/opinions, I think I better leave it to my friend to decide what he wants to do. You all have been, as always, very helpful and informative and I can't thank enough for your inputs.
Thank you so much again
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