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

[des8]

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

I don't know, but in post 10 I did suggest it might not be worth even trying. That doesn't mean he might not win, but then Tesco won't know either so it could always be used as a lever without actually threatening it.
I just feel that morally (and probably legally) t. should get him that telly, and to fob him off with a measly
30 quid isn't good enough.

[dejavus]

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

What I don't understand which I have asked repeated is this, is it so difficult for the driver to collect the Item from where ever he delivered to for re-delivery to my address, Tesco has not answered this question or at other times said it is not possible. To say the fact I really do want the TV, I have gone round again today asking my neighbors if anyone received a delivery on my behalf and no one did. I am 100% certain there was no delivery to my building from Yodel at the said time.

Moving forward what would be my best line of action given the scenario.

[MissFM]

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

Of course Tesco should honour the contract. If the TV is commercially available they will have no trouble acquiring one and delivering it to the OP (perhaps using their own staff and fleet of delivery vehicles) as contracted.

Presumably it was a loss leader anyway.

[des8]

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

I don't think anyone can actually say this or that course of action is best.
Some here reckon accept refund plus £30 is the way to go, whereas I would continue to press Tesco to honour the contract. You could start with complaint to their CEO (philip.clarke@uk.tesco.com) and work up from there!
It is up to you to chose.

Crossed with MissFM

[MissFM]

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

What I don't understand which I have asked repeated is this, is it so difficult for the driver to collect the Item from where ever he delivered to for re-delivery to my address, Tesco has not answered this question or at other times said it is not possible. To say the fact I really do want the TV, I have gone round again today asking my neighbors if anyone received a delivery on my behalf and no one did. I am 100% certain there was no delivery to my building from Yodel at the said time.

Moving forward what would be my best line of action given the scenario.

[Driver26]

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

As we know from other posts elsewhere on the forum the OP has a contract with Tesco here. not the courier. I've had a look through the Long Distance selling Regs, Which consumer rights and CAB (who guided me back to the Long distance regs). Going to court seems a gamble here as Tesco have offered a full refund + a small incentive which they subsequently increased. As the item was on sale (with likely limited stock) I envision Tesco successfully defending here, as there could be literally no more stock left. If the item was an "end of line" product" the OP could lose out.
Just speaking hypothetically what if the TV in question arrived on time to the correct address, but proved faulty. Surely Tesco would only at most have to refund the purchase price. Hell, I'm but a pup

[wales01man]

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

I think Tescos are being fair with their offer does anyone want to advise the OP to take a multi billion pound company to court for a case that at best is very weak? As they send out thousands and thousands of parcels every day and some must go astray in similar circumstances will they admit the claim? it leaves the floodgates open for a lot of deliveries to go astray a scam that was used by catalogue shoppers years ago when many pretended not to be in when a delivery came parcel was left on doorstep and went missing? think about it?

[MissFM]

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

No-one's talking about going to court!

Tesco - "a multi-billion pound company" should honour its obligation to the OP - something well within its capacity.

If there is a scam here it is likely operated by someone in the delivery chain, not the OP; Tesco should concentrate its vast resources on dealing with this whilst honouring its contract with the OP.

[MissFM]

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

I don't think anyone can actually say this or that course of action is best.
Some here reckon accept refund plus £30 is the way to go, whereas I would continue to press Tesco to honour the contract. You could start with complaint to their CEO (philip.clarke@uk.tesco.com) and work up from there!
It is up to you to chose.

Crossed with MissFM

Definitely the route I would choose in the OP's position. Tesco knows it has done wrong, has admitted it and is trying to get away with sub-minimal redress, IMVHO.

[des8]

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

Just speaking hypothetically what if the TV in question arrived on time to the correct address, but proved faulty. Surely Tesco would only at most have to refund the purchase price. Hell, I'm but a pup

Possibly not because SOGA allows the buyer to require the seller to repair or replace the goods (Section 48B), If the OP is continuing to push Tesco on non delivery see SoGA 1979 section 51 Damages for non delivery

(2)"

The measure of damages is the estimated loss directly and naturally resulting, in the ordinary course of events, from the seller’s breach of contract"
IMO the estimated loss would be the cost of obtaining the TV elsewhere at current prices.

[dejavus]

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

Definitely the route I would choose in the OP's position. Tesco knows it has done wrong, has admitted it and is trying to get away with sub-minimal redress, IMVHO.

Thank you all, I think I will kick off my complaint from up on high as suggested and will feedback on here when I get a response back.

Thank you all for your time once again.

[charitynjw]

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

Cetelco's opinion is worth reading (loss of bargain on a telly sale)

http://www.legalbeagles.info/forums/...advice-please!

[wales01man]

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

No-one's talking about going to court!

Tesco - "a multi-billion pound company" should honour its obligation to the OP - something well within its capacity.

If there is a scam here it is likely operated by someone in the delivery chain, not the OP; Tesco should concentrate its vast resources on dealing with this whilst honouring its contract with the OP.

Post 8 there is a mention of court?

[dejavus]

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

Cetelco's opinion is worth reading (loss of bargain on a telly sale)

http://www.legalbeagles.info/forums/...advice-please!

thanks for that great link. Very welcomed information therein.

[des8]

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

[QUOTE=wales01man;372365]I think Tescos are being fair with their offer does anyone want to advise the OP to take a multi billion pound company to court for a case that at best is very weak?

I would. Small claim...very limited costs if you lose.
Because they are a very large company they act as if rules don't apply to them, and by not standing up to them we reinforce that message.
Who decided the OP's position was very weak? IMO it's very strong.