Failed Delivery

[ddvmor]

Afternoon, all. This is my first post. I can't see anything in the forum on this subject, but if I've missed it, please feel free to ridicule me and point me in the right direction.

I've had to return my PC under warranty to the manufacturer, Evesham to have the graphics card replaced. Part of their service on returning the PC is to send a text message to you to advise when they have dispatched the PC. The wording of the text, sent to me at 5.45pm on the 9th was:

"Evesham Technology Home Delivery: Your order will be delivered on 10/08/2006 between 8am and 5pm. Please be in to receive & sign for it, Thank you."

Well, despite the phenomenally short notice, I swung a day off, using one of my hard earned annual leave days and I'm sure you can imagine my disappointment when I was not visited by the Parcel Delivery Fairy.

The next day at work, at about 10am, I received a call from the courier (Business Post) on my mobile asking why I wasn't in. In order to expedite the situation, I made arrangements with the courier to collect the PC from their depot.

My assumption is that the text message forms a contract between Evesham and I and the fact that they did not uphold their end suggests that I'm due for some compensation and the covering of my costs.

Now I see my costs as the days holiday, which I work out to be worth about £90 plus some form on compensation for the inconvenience - phone calls, e-mails and having to traipse across town to the courier's depot.

So my questions are as follows:

1. Am I right in my assumptions?
2. Am I fair in my demands (and entitled to them)?
3. Is there some part of the Sale of Goods Act, Trades Description act or similar that I can quote at them? I've looked but can't find anything that fits my situation.

Thanks for your help in advance.

Darren.

[blacksheep1979]

Evesham will claim the fault lies with the delivery company and the company will have wording to the effect - 'that whilst delivery is said to be 24hrs it may take longer and we cannot be held responsible' type thing. Would write a slightly peeved letter before you go in all guns blazing also if there is a product that you want from them they may be more willing to offer a discount than a pure cash sum and this will be seen as a win win situation for both of you.

[The cobbett slayer]

I agree that the fault appears to lie with Business Post but only if your PC was actually collected from Evesham on the 9th for Next Working Day delivery. If they sent the text and then didn't ship the goods, you can't hold the carrier responsible.

Most carriers will only accept responsibility for loss or physical damage to goods and will not make any compensation payments for consequential loss.

Your starting point has to be with Evesham, to verify when the goods were collected by Business Post but to be honest I wouldn't be too hopeful

[ddvmor]

Originally Posted by blacksheep1979

Evesham will claim the fault lies with the delivery company

Originally Posted by paulshieber

I agree that the fault appears to lie with Business Post...

Thanks, both for your replies!

Surely, whether the fault lies with Evesham or Business Post, the latter is simply the agent of Evesham, so my claim lies with Evesham?

My suspicion is that someone at Evesham simply mistyped the content of the text message and put the 10th instead of the 11th (end of a long day and all that). Sadly this lapse of attention to detail put me at considerable inconvenience.