Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim help.

[dejavus]

Hi All,

I purchase a 32" Tv from Tesco at a very good price just about £159 which is not a misprice by the way until it went out of stock, it was despatched for next day delivery however the TV failed to arrive. I was home all day on the delivery day, Yodel claimed it was left with my neighbor however the neighbor in question is hardly ever at home and I am the one who actually receives parcel for the said neighbor, but I check with the neighbor anyway and it was not there. I was home all day on the said day but I was sure there was no yodel driver about. Tracking on the Yodel Website says it was delivered to Customer until Called and I was informed it was left at my neighbors address for reasons which i do not know. Also if am away , should Yodel not have left a card at mine to say the item was at my neighbor not until I called Tesco and tesco checked with Yodel who advised tesco it was left at my neighbor.

Tesco have investigated and have come back to me today to say they will offer a refund and a good will gesture of £20 on top which I rejected as I only wanted a TV and I also suggested asking the courier to pick up the TV from wherever it was delivered to but they declined. I looked elsewhere and the cheapest place I could find the TV was at a cost of £379 as against the 160 I paid for it. I emailed claiming loss of bargain and I got an email back saying the could up the gesture of Goodwill to £30 but nothing more as the difference in me buying from elsewhere would be in the region of £220 and that is not reasonable.

So can someone please advice on the best way to take this further.

Thanks in advance.

[enaid]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

I should have thought the item would have to be signed for, usually these days on one of those handsets they have, Did you ask if it was signed for?

[dejavus]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

I didn't ask if it was signed for. But I actually do not believe the TV was left at my neighbor's as when tesco called this morning to say that on further interviewing the driver about the alleged neighbor that the item was left with, "a slim young lady" unfortunately the said neighbor is a middle aged man who lives alone. So the driver prob pulled a fast one.

[wales01man]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Lokks like theft here ?

[charitynjw]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Hi dejavus,

For completeness, how, when & where did you make your purchase.

[enaid]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

I just googled Yodel and seems it happens quite a bit, maybe worth your while speaking to them also.

[dejavus]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Lokks like theft here ?

I think that is a discussion between Tesco and Yodel to trash out, they havent referred me to Yodel at any point and they ve been doing the talking to yodel themselves and updating me.

Hi dejavus,

For completeness, how, when & where did you make your purchase.

I purchased the TV on the Tesco Direct Website last week Friday on the 6th Sept and Item was sent Express Delivery to be delivered on Saturday. I paid for this using a credit card.

Tracking on yodel shows received by customer. I called yodel and they said they were not going ot discuss it with me that I should contact Tesco Instead.

Parcel delivered	Customer	7th Sep 2013	16:53

[des8]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

You have a contract with Tesco's which they have failed to perform.
I would write to them, pointing this out and insist on performance, pointing out it is not for them to vary the terms of the contract and if necessary you will request a court to order specific performance. A refund is not performance of the contract.

[enquirer]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Tesco have investigated and have come back to me today to say they will offer a refund and a good will gesture of £20 on top which I rejected as I only wanted a TV and I also suggested asking the courier to pick up the TV from wherever it was delivered to but they declined.

You have a refund, plus a small payment for the inconvenience. If you go to court, your claim is unlikely to be viewed favourably.

[des8]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

You have a refund, plus a small payment for the inconvenience. If you go to court, your claim is unlikely to be viewed favourably.

Would agree if goods were at regular price, but in this instance by tesco not completing the contract, OP has lost more than the value offered in compensation. In view of small value it might not be worth actually going to court, but Tesco could be reminded that course of action is an option.

[wales01man]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Maybe the OP needs to read the terms and conditions on the Tesco website they are offering full refund and £30 ex gratia which is a good deal talk of court and compo seems futile, To everybody buying online read the Terms and Conditions thay you are accepting by clicking its a contract

[des8]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Terms & conditions Section 15 confirms a contract has been struck when Tesco email customer that goods have been despatched.
Terms and conditions do not remove your rights.
I agree with OP and would not be content with refund plus £30. I would be looking for that television, or its current moneys worth

[wales01man]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

What are the rights?

[des8]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

To have the contract honoured?

[wales01man]

Re: Tesco Item delivered to neighbor lost, no longer in stock loss of bargain Claim h

Do you think the OP can win in court ?