Found 26th Apr 2010
OK paid nearly £25.00 for a sat delivery as recipient is out at work all week, they failed to do this, they are now saying its not a guaranteed service and can only refund 13.50.
how can this be right, surely the contract is for sat delivery and failure is breech of contract?
anyone beat this argument?

*we didn't ask for refund our preferred option was redelivery next sat..

20 Comments

Original Poster

whatsThePoint;8456967

what does it say in their terms and conditions?



tbh don't ever read them in consumer affairs, they are usually poor attempts to evade legal liability.

maddogb;8456988

tbh don't ever read them in consumer affairs, they are usually poor … tbh don't ever read them in consumer affairs, they are usually poor attempts to evade legal liability.



they dont have any legal obligation to deliver on a specific date,they have it in their terms and conditions incase of bad weather,van breaksdown etc and they are unable to deliver

every courier/delivery service has these

Original Poster

jamstaruk1972;8457057

they dont have any legal obligation to deliver on a specific date,they … they dont have any legal obligation to deliver on a specific date,they have it in their terms and conditions incase of bad weather,van breaksdown etc and they are unable to deliver every courier/delivery service has these



not my problem, they took my money to perform a saturday delivery.
we asked to redelivery next sat they refused
reading further into it this could be classed as an "unfair" contract term under UTCC,SCHEDULE 3/d

Banned

maddogb;8456988

tbh don't ever read them in consumer affairs, they are usually poor … tbh don't ever read them in consumer affairs, they are usually poor attempts to evade legal liability.



jamstaruk1972;8457057

they dont have any legal obligation to deliver on a specific date,they … they dont have any legal obligation to deliver on a specific date,they have it in their terms and conditions incase of bad weather,van breaksdown etc and they are unable to deliver every courier/delivery service has these



maddogb;8457654

not my problem, they took my money to perform a saturday delivery.we … not my problem, they took my money to perform a saturday delivery.we asked to redelivery next sat they refused reading further into it this could be classed as an "unfair" contract term under UTCC,SCHEDULE 3/d



You can't be bothered to read through the t&c's your self but want others to, and tell you whether it's unfair under this that or the other? Geez.

They offered you the Sat premium back no? Read the t&c's on your booking then you can see for yourself if you have a chance of arguing it.

Terms and Conditions don't mean anything if they are deemed unfair.

Original Poster

tinkerbell28;8457832

You can't be bothered to read through the t&c's your self but want others … You can't be bothered to read through the t&c's your self but want others to, and tell you whether it's unfair under this that or the other? Geez.They offered you the Sat premium back no? Read the t&c's on your booking then you can see for yourself if you have a chance of arguing it.



its not a case of can't be bothered, as i said they often(very) mean little, just words designed to save "THEM" money and they immediately offer back half the money (read the OP)which is unacceptable
as i also said i am reading up on this but if someone else has been thru it why spend a week searching, surely the whole point of a discussion forum no?

Original Poster

whatsThePoint;8457982

refunding the extra for a sat delivery they couldn't make sounds fair to … refunding the extra for a sat delivery they couldn't make sounds fair to me



not really, the delivery on saturday is the whole contract, bit like buying a washing machine, it arrives without a door and them refunding you just £30 ie the cost of the door

Banned

whatsThePoint;8457982

refunding the extra for a sat delivery they couldn't make sounds fair to … refunding the extra for a sat delivery they couldn't make sounds fair to me



Exactly, you have been offered a refund for the Saturday premium as they couldn't deliver it, same as Rm would, I beleive this is as far as your going to get unless you have suffered any consequncial loss and took out the respective consequencial loss insurance.

This is life this stuff happens with deliveries, for many reasons, if they fail to provide you with the service then sure they have to refund you that premium but nothing else, same with any courier or Rm SD, which is guaranteed. This is the way it's always been with delivery services, don't see why you think it's any different.

Original Poster

tinkerbell28;8458058

Exactly, you have been offered a refund for the Saturday premium as they … Exactly, you have been offered a refund for the Saturday premium as they couldn't deliver it, same as Rm would, I beleive this is as far as your going to get unless you have suffered any consequncial loss and took out the respective consequencial loss insurance. This is life this stuff happens with deliveries, for many reasons, if they fail to provide you with the service then sure they have to refund you that premium but nothing else, same with any courier or Rm SD, which is guaranteed. This is the way it's always been with delivery services, don't see why you think it's any different.



because in my world a deal is a deal,
how would they feel if i asked for sat delivery then later charged back the premium because, hey it turns out after all the mon will/would be fine

Banned

maddogb;8458298

because in my world a deal is a deal, how would they feel if i asked for … because in my world a deal is a deal, how would they feel if i asked for sat delivery then later charged back the premium because, hey it turns out after all the mon will/would be fine



I understand the annoyance but that's just not how it works, there are 100's of reasons why deliveries fail, that's just that and don't forget Fri/Sat flights were running but not back to normal in some cases which would affect deliverys.

Take for example RM SD which is a guaranteed service, if they fail to make the delivery on time their limit of their liability to you is a refund of the premium paid unless you have some sort of consequncial loss insurance, it's just the way it is, with deliveries. They have limited liability if they fail to make the delivery on time as things can happen, it's just life.

If it was the DHL option i would not have used it since it does state that delivery is not guarenteed. The only way to have probably guarenteed it would have been direct with the couriers and it would have cost a lot more than a third party company. The fact that they tell you they cannot guarentee delivery should cover them enough to just return the premium they charged.

Original Poster

tinkerbell28;8458449

I understand the annoyance but that's just not how it works, there are … I understand the annoyance but that's just not how it works, there are 100's of reasons why deliveries fail, that's just that and don't forget Fri/Sat flights were running but not back to normal in some cases which would affect deliverys.Take for example RM SD which is a guaranteed service, if they fail to make the delivery on time their limit of their liability to you is a refund of the premium paid unless you have some sort of consequncial loss insurance, it's just the way it is, with deliveries. They have limited liability if they fail to make the delivery on time as things can happen, it's just life.



newbie1001;8458851

If it was the DHL option i would not have used it since it does state … If it was the DHL option i would not have used it since it does state that delivery is not guarenteed. The only way to have probably guarenteed it would have been direct with the couriers and it would have cost a lot more than a third party company. The fact that they tell you they cannot guarentee delivery should cover them enough to just return the premium they charged.





its all when and good but this service is "saturday delivery" not
"we'll have a go at sat delivery but if we can't be arsed any other day is good enough for us and we get to keep your money delivery"
as i've said, i do appreciate problems arise for us all but surely my expectation of them to reschedule for the following sat is not that unreasonable?

Banned

maddogb;8459221

its all when and good but this service is "saturday delivery" not "we'll … its all when and good but this service is "saturday delivery" not "we'll have a go at sat delivery but if we can't be arsed any other day is good enough for us and we get to keep your money delivery"as i've said, i do appreciate problems arise for us all but surely my expectation of them to reschedule for the following sat is not that unreasonable?



But as you said it's not a GUARANTEED Saturday delivery, which will be in your t&c somewhere, which you didn't read and they have now told you, so that is exactly what you were booking, "We will have a go, maybe, maybe not".

They offered you a refund on the SAT premium and will deliver it when they can, not a lot else you can do really, next time book via a guaranteed service, but again these can still go belly up, less likely.

Original Poster

tinkerbell28;8459266

But as you said it's not a GUARANTEED Saturday delivery, which will be in … But as you said it's not a GUARANTEED Saturday delivery, which will be in your t&c somewhere, which you didn't read and they have now told you, so that is exactly what you were booking, "We will have a go, maybe, maybe not".They offered you a refund on the SAT premium and will deliver it when they can, not a lot else you can do really, next time book via a guaranteed service, but again these can still go belly up, less likely.



Actually, i didn't say that,
as for "its tucked away" in the T&C's, my point exactly.
shouldn't really be called "Saturday Delivery" if its not, aren't there laws about "plain English" as well?

Banned

maddogb;8461306

Actually, i didn't say that,as for "its tucked away" in the T&C's, my … Actually, i didn't say that,as for "its tucked away" in the T&C's, my point exactly. shouldn't really be called "Saturday Delivery" if its not, aren't there laws about "plain English" as well?




You are clutching at straws hoping to get something back you are not entitled too, it's why you will often see time sensitive courier packages signed before delivery, or SD next day items, so if the delivery misses the time slot, it makes it harder to claim back the original premium, that's life.

The point you are not getting and it's why you should read t&c's is even a GUARANTEED courier service or services such as SD next day, have get out clauses if they don't make the grade, their liability to you is a refund of the delivery charge unless you have consequential loss, that's just the way it is.

/Thread.

Original Poster

Please stop talking nonsense,
where have i said i want anything other than the parcel delivered ON A SATURDAY! as was agreed.
it is you who is clutching at straws trying to prove god knows what. do you work for a couriers or something? though i expect you won't answer that as you seem to be ignoring my other questions.
The point has nothing to do with the cheap excuse of terms and conditions which were slyly tucked away as most illegal T&C's are.

Banned

maddogb;8462058

Please stop talking nonsense, where have i said i want anything other … Please stop talking nonsense, where have i said i want anything other than the parcel delivered ON A SATURDAY! as was agreed. it is you who is clutching at straws trying to prove god knows what. do you work for a couriers or something? though i expect you won't answer that as you seem to be ignoring my other questions.The point has nothing to do with the cheap excuse of terms and conditions which were slyly tucked away as most illegal T&C's are.



It's the same for any courier/delivery service, I take it you don't send regularly, dear god some people are oblivious, I don't see many people telling you different do you?

What were you hoping for to be told you were right and heres how to fight it, you are entitled to millions compensayyyyyyshun there is nothing illegal about it, deliveries fail there are reasons for that so they have limited liability, that's what consequencial loss insurance is for. God some people are so stupid.

Original Poster

tinkerbell28;8462196

God some people are so stupid.



yes you are aren't you, i have repeatedly stated i want my saturday delivery, nothing more nothing less. yet you still fail to understand that, how? i doubt i will never know
as it is, the second chap we spoke to also thought it was a reasonable request and has agreed to hold the parcel and delivery is next saturday. :whistling:

I agree with op

Original Poster

lol this just gets better and better,
after being told the above on monday, checking the tracking on tues. showed parcel in transit???
multiple phone calls and promises and pathetic excuses about this and that, and
ABSOLUTELY NO ACTUAL ATTEMPT TO DELIVER THE PARCEL to its intended destination????,
we were then told the second guy shouldn't have said that and that the box would be returned to us?? and dhl attempted to delivery it on fri, sorry dhl we were out!
fools they really couldn't organise the proverbial in a brewery....the saga continues.....
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