Aggravated damages

[Okeydokey]

Hi! Bought a cooker on line, it turned up and was badly damaged. A week later the replacement was the wrong one, this was collected about four days after that. A full refund is being processed. Would it be possible for me to claim aggravated damages for the extra cost of feeding my young family from the local pub and other eating houses at considerable extra cost. It looks to have cost me about £30 per day for the last 18 days. A new cooker was delivered by a different company, three days after the order and promptly installed.
I'm guessing small claim for the turmoil... in your experience worth the effort?

[wales01man]

Re: Aggravated damages

What happened to the Cooker you had before ordering the new one which arrived damaged?

[des8]

Re: Aggravated damages

A lot will depend on whether or not you agreed a delivery date with the supplier, whether or not you made time of the essence, and what the terms &conditions stated.
Even if you are in a position to make a claim you have to mitigate your losses.
This would raise questions about the cost implications of feeding a family at pubs & restaurants etc, and the availability of other ways of feeding your family.
Was there no other means of cooking, eg microwave?
This is the sort of questions that will arise

I would first of all just write a polite letter, setting out your stall and asking what they are prepared to offer.

[Okeydokey]

Re: Aggravated damages

A lot will depend on whether or not you agreed a delivery date with the supplier, whether or not you made time of the essence, and what the terms &conditions stated.
Even if you are in a position to make a claim you have to mitigate your losses.
This would raise questions about the cost implications of feeding a family at pubs & restaurants etc, and the availability of other ways of feeding your family.
Was there no other means of cooking, eg microwave?
This is the sort of questions that will arise

I would first of all just write a polite letter, setting out your stall and asking what they are prepared to offer.

Curiously, I made it clear to them that it was my intention to mitigate my loss. I asked them that as a family on modest means, whether they would consider contributing towards the cost of a microwave and slow cooker, which I never had need of. I also stated specifically that given the cost I was incurring that 'time was of the essence'. When the company who delivered the first cooker took away my old cooker they pulled it by the door during transportation to their vehicle, which came off. The door glass shattered and I have already said I found myself sweeping up glass on the public highway. Also that I would be prepared to accept my old cooker back if properly repaired.

I will write that polite letter and report back. Thank you for your consideration btw! my first post.

[stevemLS]

Re: Aggravated damages

A cheap microwave can cost less than the amount you say you were spending on a daily basis and a slow cooker £15.

[Okeydokey]

Re: Aggravated damages

A cheap microwave can cost less than the amount you say you were spending on a daily basis and a slow cooker £15.

You are of course absolutely right but... my mother always taught me that we were too poor to afford cheap stuff :tinysmile_twink_t2:.

I asked for an interim consideration of £150 towards the cost of living, they refused to pay anything until we had incurred the expense, they went on to suggest that only then may they consider a contribution towards that expense.

[stevemLS]

Re: Aggravated damages

I think they are acting perfectly reasonably, IF they are liable to compensate you it is only for your proven losses.

I am sure your mum's advice is right - but to get you over a short term difficulty......?

How much was the cooker, out of interest?

[Okeydokey]

Re: Aggravated damages

How much was the cooker, out of interest?

The cooker from the most supplier Currys was £520.00, I have now received the refund less discount offer which gave me a return of £470.00. I downloaded a 'before action letter' from Which magazine which I have sent off. Nothing ventured, etc. Thanks for your input, much appreciated.

BTW: The guys from Know How delivered and installed the cooker, from order to first curry was three days, fantastic service!