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

[dejavus]

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

[QUOTE=des8;372412]

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.

This I believe is my stand as well, I have just contacted the customer service again explaining to them that they are under obligation to remedy the loss of bargain as a result of their breach of contract and I await their response, I also gave then the option of replacing the TV as long as the specification is like for like e.g smart tv, ethernet enabled, freeview HD etc, irrespective of make I will accept this from tesco. I ll update this thread when I get a response back.

[enquirer]

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

When considering a claim, always beware the de minimis principle.

[Inca]

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

When considering a claim, always beware the de minimis principle.

What is the 'de minimis' principle please enquirer?

[MissFM]

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

de minimis non curat lex

[Latin: The law does not concern itself with trifles]. This principle is just one way that bigshots will try to rip-off the less rich-and-powerful and discourage them from seeking redress. A bear-trap that the OP would wish to avoid - and a reason why consumer help forums such as this one are needed. Tesco has broken its contract - it MAY continue to attempt to bully its way out of that fact and trivialising the degree to which the OP has been cheated MAY be one tactic it could try to use; but let's hope not. Let's hope that the CEO will see sense.

[charitynjw]

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

de minimis non curat lex

[Latin: The law does not concern itself with trifles]. This principle is just one way that bigshots will try to rip-off the less rich-and-powerful and discourage them from seeking redress. A bear-trap that the OP would wish to avoid - and a reason why consumer help forums such as this one are needed. Tesco has broken its contract - it MAY continue to attempt to bully its way out of that fact and trivialising the degree to which the OP has been cheated MAY be one tactic it could try to use; but let's hope not. Let's hope that the CEO will see sense.

So let's hope Tesco get their just desserts!

[TUTTSI]

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

I would write to the CEO of Tescos to get this resolved

[MissFM]

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

So let's hope Tesco get their just desserts!

Indeedx

[pt2537]

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

My view on this is i support the loss of chance / bargain argument.

There is a clear contract in place here, there is offer acceptance intention to create legal relations and clearly consideration. All of these form the ingredients of a contract which creates legally enforceable rights.

The failure to discharge the contract on Tescos part leaves them open to a number of remedies such as specific performance, or damages for breach of contract

I think it is more than arguable that the OP is entitled to be compensated for their losses, if they purchase a TV at a price which is far higher than the price of the item they purchased from Tesco, provided they have mitigated their losses, and are not seeking to purchase a markedly enhanced item from what they brought from Tesco, then i would say they have an arguable point and would have a arguable case in the small claims court.

[Inca]

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

My view on this is i support the loss of chance / bargain argument.

There is a clear contract in place here, there is offer acceptance intention to create legal relations and clearly consideration. All of these form the ingredients of a contract which creates legally enforceable rights.

The failure to discharge the contract on Tescos part leaves them open to a number of remedies such as specific performance, or damages for breach of contract

I think it is more than arguable that the OP is entitled to be compensated for their losses, if they purchase a TV at a price which is far higher than the price of the item they purchased from Tesco, provided they have mitigated their losses, and are not seeking to purchase a markedly enhanced item from what they brought from Tesco, then i would say they have an arguable point and would have a arguable case in the small claims court.

Yeah,,wot PT said ^^

[des8]

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

When considering a claim, always beware the de minimis principle.

True, but surely not applicable in this case where the loss is in the region of £200?:tinysmile_hmm_t2:

[pt2537]

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

True, but surely not applicable in this case where the loss is in the region of £200?:tinysmile_hmm_t2:

de minimis simply does not apply here, it is not a trifle that the law can ignore

[dejavus]

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

Updates:

Following my letter to Tesco Customer Service re-iterating that they are required to fulfill the contract which is that they should provide me the TV I paid for, I explained further that in order to mitigate as much as I can and to make it easier for Tesco to fulfill their end of the contract I am prepared to accept another Television set from Tesco which is almost a like for like in comparison to the Tv that was originally purchased.

I gave below my requirements (some) criteria from the original TV: (Original TV can be Seen Here)

Type	LED
Resolution	1920x1080
Screen Size (in)	32
Built-in Freeview HD	Yes
HD Ready / Full HD	Full HD
Smart / Internet TV	Yes
Wi-Fi Enabled	Yes
Ethernet Port	Yes

I linked to another on the Tesco Website which has similar specification to the ones above but did not quote the price (£339) because I know they would have access to that information.

Tesco is partially suggested another product which is not Like for like.

But they have fobbed me off yet again and I am thinking of contacting the CEO now, if anyone has any suggestion please kindly post or PM.

See below the email form Tesco Customer Service.

I am sorry that this issue has still not been resolved and as a valued customer we absolutely want to keep you happy.We would still like to provide you with an alternative television at a reasonable price difference or a full refund and a £30 gesture of good will.

The highest we will cover towards an alternative television is £55 so for example if you would like us to order the television you mentioned in your last email we would pay £55 towards this and ask for you to pay the remainder on a credit or debit card.

I ve had a look on the website my self and found a similar television by Samsung , this has been reduced down to £269 so this may be a better option for yourself. Again we would like to get this issue resolved for you but we are just not able to cover the cost of a television priced at over £100 more than the original that we did dispatch but unfortunately got lost in transit.

Please let us know how you would like us to proceed


Kind regards

[TUTTSI]

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

The CEO is the way to go as I said in my earlier post. It has always worked wonders for me and other members when they do not get anywhere with a company. Good Luck.

Updates:

Following my letter to Tesco Customer Service re-iterating that they are required to fulfill the contract which is that they should provide me the TV I paid for, I explained further that in order to mitigate as much as I can and to make it easier for Tesco to fulfill their end of the contract I am prepared to accept another Television set from Tesco which is almost a like for like in comparison to the Tv that was originally purchased.

I gave below my requirements (some) criteria from the original TV: (Original TV can be Seen Here)

Type	LED
Resolution	1920x1080
Screen Size (in)	32
Built-in Freeview HD	Yes
HD Ready / Full HD	Full HD
Smart / Internet TV	Yes
Wi-Fi Enabled	Yes
Ethernet Port	Yes

I linked to another on the Tesco Website which has similar specification to the ones above but did not quote the price (£339) because I know they would have access to that information.

Tesco is partially suggested another product which is not Like for like.

But they have fobbed me off yet again and I am thinking of contacting the CEO now, if anyone has any suggestion please kindly post or PM.

See below the email form Tesco Customer Service.

[dejavus]

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

So here goes... I have written to the CEO and explained what has happened so far, requesting for a resolution as I have not been satisfied so far, and below is the response I got today:

Dear xxxx ,

Thank you for your email addressed to our Chief Executive, Philip Clarke to which I have been asked to reply.
I was sorry to learn of the problems you have encountered with regards to your Tesco Direct order xxxxxxx. I can appreciate how frustrating this must have been.
We know how important it is to provide our customers with an excellent service and I would like to offer my sincere apologies for the disappointment we have caused you on this occasion.
On receipt of your email I have checked with the Direct Business Support Team who have confirmed they are currently investigating this issue with Couriers, as they have advised the television was delivered to your neighbour.

While we make every effort to ensure orders are dispatched and delivered to our customers, they may be times such as this, when circumstances beyond our control stop us from fulfilling an order.

Unfortunately, as the television is now out of stock, and there is no reasonable alternative available on Tesco Direct or from another retailer, we are unable to fulfil your order and therefore, I have refunded your order in full and arranged for the £30.00 offered by my colleagues xxxx and xxxx, to be credited to the payment card used on your order.

It is always a matter of regret when one of our customers remains dissatisfied with any aspect of our operations and I am sorry that on this occasion, the issue cannot be resolved to your satisfaction.

Thank you once again for contacting the Chief Executive's Office.
Kind regards,

xxxxx xxxxx
Customer Service Executive

[des8]

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

So they want to play hard ball

Using the information in the previous posts I would be refusing their offer and sending a properly constructed LBA

They may consider the non delivery was "due to circumstances beyond their control", but it was still as much their responsibility as if it was one of their own employees.
As you pointed out there is a reasonable alternative TV (although it might cost them more) or they could reimburse you for your loss of bargain.
Go for it!