City Link Hide behind T+C then state your not THE CUSTOMER

[stu007]

Hi

 

as post states ordered an item on internet was constantly updated by seller then recieved an automated email fro City Link Stating

 

"City Link Parcel Delivery Notification - Your order from XXXXXXXXXXX wil be delivered on Wednesday 4th January 2012, between the hours of 07.30 and 17.30". (have email in pdf format)

 

Due to this took day off work to wait for parcel as stated by City Link and low and behold it did not arrive no reason from city link so contacted them on 4th Jan at 18.30 to be kept on hold for 30mins waiting to speak to a customer advisor.

 

eventually got one who informed me parcels due for deliver on Thurs 5th Jan and when pointed out loss of earnings due to what there email stated didnt really care told to put complaint in via there website. This is where my defences went up and i pointed out that when City Link sent me that email stating a confirmed delivery dated they had actually entered into a contract with myself and that i will not put my complaint in via there website as i am telling you that i have been kept on hold for over 30mins to escalate it to a formal complaint or is City Links Technology that bad you cant do it. Amazingly sudden attitude change and yes he can do it, so why the hell tell me i HAVE TO DO IT VIA WEBSITE!!!!

 

So today 5th Jan in morning got a call from there supposed complaints dept (I say supposed complaints dept as all she kept doing is defending City Link) now this part will make you laugh.

 

So i inform her that due to City Links incompetence i have lost a days earnings as the email stated delivery confirmation for 4th Jan, well she responds that not correct the 'SYSTEM' says PLANNED delivery date 4th Jan so i point out that is not in the email that your company sent to my email address and during this conversation checked there website and when you input there tracking number Low and Behold on there website it says PLANNED delivery date of 4th jan.

 

She firmly sticks to this defending city link until i point out yes it states planned delivery date on your website but that is not what is stated in the actual email that your company sent now mention of PLANNED but states WILL BE DELIVERED.

 

So i point out that since they sent me that email they then entered into a contract with me and are in breach of that and that due to this i lost a days earning and over 30mins on hold to there supposed customer service which aint a free call. Didnt care still defended city link and pointed out they had entered no contract with me (the email they sent) and i was not a customer of there company (funny that isnt it) and to read there terms and conditions (why should i do that if i am not a customer) gets better and to claim compensation i must go through seller as they are the customer. Well if i am not a customer of city link they must had breached the DPA to email me with delivery details.

 

Near the end of the conversation that i had to constantly tell this individual to stop talking over me she actually admits it was 'HUMAN ERROR' but still didnt care less.

 

City Link should be ashamed of it Customer Service but that depends if they call you a customer and no point in complaining as we always defend City Link even when it obvious we were in the wrong.

[my-spirit-soars-free]

I think that they are right, legally you are not the customer, and there is no contract with you.

 

A contract requires offer, acceptance, and consideration, in this case there has been no acceptance communicated to the offerer, and no consideration.

 

Citylink would not pay you compensation if the stampede of elephants ran over your parcel - they would pay the seller. They will not take instructions from you about leaving the item with neighbours, etc, unless the seller specified that they should.

 

Citylink have also not breached the DPA, the seller will have provided your email address for them to use - if the seller did not get your permission first then the seller is in breach of the DPA.

 

 

All you can do is give the seller grief... lots of grief.... and suggest that he finds another courier, one with a calendar that works.

[Crazy Diamond]

MSSF is spot on. The contract is between the seller and the courier, you are merely the recipient and the fact they kept you informed doesn't form a contract, it is purely for information, and you have agreed for the seller to supply yuor details for delivery hence no breach of the DPA.

[gaff4972]

Seconding the above which both are spot on, however even if you were the sender I believe you will find some clause in the terms and conditions of carriage protecting them for any claims for consequential loss's as a result of delay.

[stu007]

Hi

 

Thanks all for your advice

 

But still think i will write a official complaint to city link the main reason i think there is a flaw in there systems.

 

1. The email that was sent to me on 3rd Jan stated "City Link Parcel Delivery Notification - Your order from XXXXXXXXXXX wil be delivered on Wednesday 4th January 2012, between the hours of 07.30 and 17.30".

 

2. There systems and own website contradict this email by stating "Planned Delivery Date".

 

Therefore the information that was emailed to myself on 3rd Jan wasnt just incorrect if going off there systems but completey wrong.

[arhidakis]

Check out the moneysaving expert forum by entering "failed delivery" in the main site search. Its quite comprehensive and i think you have a strong case

 

Hope it helps

 

Jim