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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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False Delivery times on order page, demanding extra £25 for sat delivery !


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Hi all,

 

I ordered a ceiling fan from Bali Stainless Steel Ceiling Fan :: Ceiling Fans :: Fans :: Air Treatment :: CNM Online on 2nd. I expected the fan today, being the

Delivery Within 48 hours
shown on their website.

 

I emailed them last night and had no reply, no reply this morning when I checked about 10am so I called them. I asked the person to confirm if my order had been dispatched for delivery today, the answer I got was "our warehouse manager is chasing this up"

So I asked, "so has it been sent then ?" and was told no they are awaiting stock and I wont have it until NEXT WEEK ! I immediately said this is not acceptable and I wanted to speak with a manager.

 

A short time later about 10:30am ish I received this email from them after speaking to a manager...

 

Hi B,

I have chased your order with our warehouse. The item you have ordered is going to be slightly deleayed in arriving with us. We are expecting it to be here next Friday so we can deliver to you on Monday 14th December.

I do apologise about the delay and for any inconvenience that it may cause you. Please let me know if this would be ok for you?

 

 

Best Regards

 

(STAFF MEMBER)

 

Customer Service

 

 

From the website also

Quantity 199 IN STOCK

 

They show as they have them and they have not !

 

So I called them back and stressed this was not good enough at all, not even close. A TWO week wait for a ceiling fan that I could of purchased elsewhere on-line at a slightly higher cost but would of had it next day ! (teach me wont it !)

Again I was put through to the "manager", who said they had "up to 30 days to deliver the item" .... ???

 

Then as if a miracle had occurred they had a delivery and my ceiling fan was with them from their supplier ! (seems a little fishy to me) ... They will get it to me for Monday. So I asked, why can you not deliver it to me tomorrow, all courier companies to my knowledge offer Saturday delivery.

 

His reply, I can but you will have to pay £25 extra for a Saturday delivery ! There is not enough money in the order to send it for Saturday delivery for free.
But its ok for me to incur cost because they have misled me ?

 

I had already paid for delivery for what he said is a next day service as the 48 hr works like this, 1)order placed and item ordered from supplier. 2) item received from supplier next day and sent onto customer for next day delivery.

 

So I am really miffed why it would cost an extra £25 on top of what I have all ready paid for next day delivery from them ? (£5.49 delivery charge on original order).

 

 

What I need to know, is as the site states clearly

Delivery Within 48 hours
Bali Stainless Steel Ceiling Fan :: Ceiling Fans :: Fans :: Air Treatment :: CNM Online

 

What rights do I have ?

 

I have an electrician booked for tomorrow and can not cancel now without cost... further more I do not have a light on my front room ceiling just wiring in a block ! due to new ceiling being done. I will have to pay the electrician now just to put a standard light fitting up tomorrow so we have light, then pay again for him to take that down and fit the fan !

 

The companies attitude was terrible and I would never recommend them to anyone !

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It also states

 

Please note: Although we will do our utmost to deliver your product in the time stated we cannot be held responsible for any unforeseen delays. Please do not book a plumber, electrician, etc until you have received the goods as we will not be held responsible for their time. Please read our terms and conditions for further details.

 

and

 

Saturday Deliveries

We can arrange for a Saturday delivery for certain products but there will be an additional charge, we can also arrange timed deliveries before 10.00, before 12.00 or afternoon deliveries - again there will be an additional charge made by the courier.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It also states

 

 

 

and

 

 

I am not blind mate, So do you think its 1) Moral and (2) Fair. The customer should foot the bill for their cock up ?

 

Its funny how you miss the point of them showing they have "stock" yet do not by their own admission.... !

 

I think relying on their "Within 48 hrs" is enough of a guarantee to book someone to come and fit a product. Especially as I had not been told of any delay until I contacted them !

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I am not blind mate, So do you think its 1) Moral and (2) Fair. The customer should foot the bill for their cock up ?

 

Its funny how you miss the point of them showing they have "stock" yet do not by their own admission.... !

 

I think relying on their "Within 48 hrs" is enough of a guarantee to book someone to come and fit a product. Especially as I had not been told of any delay until I contacted them !

 

Morality and fairness have no place in business these days, don't you watch the news and see huge companies screwing us over left, right and center.

 

I doubt there is anything actually in their T & C's to your favour.

 

The only options would appear to be:-

 

1) Cancel your order and shop elsewhere (you should be able to do this under the Distance Selling Regs). Obvioulsy no use if you receive the item as you'd have to return it.

 

2) Arrange delivery on another day (if this an option).

 

3) Write to an MD/CEO and make a fuss, you may find they dont give a toss.

 

4) Never shop there again, a lot of shopping is repeat business so its their loss if they want to be unreasonable.

 

Andy

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Morality and fairness have no place in business these days, don't you watch the news and see huge companies screwing us over left, right and center.

 

I doubt there is anything actually in their T & C's to your favour.

 

The only options would appear to be:-

 

1) Cancel your order and shop elsewhere (you should be able to do this under the Distance Selling Regs). Obvioulsy no use if you receive the item as you'd have to return it.

 

2) Arrange delivery on another day (if this an option).

 

3) Write to an MD/CEO and make a fuss, you may find they dont give a toss.

 

4) Never shop there again, a lot of shopping is repeat business so its their loss if they want to be unreasonable.

 

Andy

 

I fear your right Andy :(

 

Arranged for delivery Monday (if it turns up!), asked them to send me the tracking number once sent and as yet nothing !

 

Shall never use them again and will be writing to the MD but do not know what angle to put on the letter, telling me "there is not enough money in the order to send Saturday delivery and them pay" really pished me off big time.... basically saying, yes we cocked up but we got your money so tough !

 

Would of taken a refund and got the fan locally but don't have any money in bank till Monday now and refund would take until Wed-Thu :( so got me by short and curleys

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