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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70213
Experience:  Over 5 years in practice
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I placed and order with toys r us on the 12th of nov 2014 I

Resolved Question:

I placed and order with toys r us on the 12th of nov 2014 I was told it would be up to weeks working days on the fourth week I phoned for them to tell me order was in progress I then phoned and week later to which one of the safe member phoned little tikes swing set which was what I had ordered to then be told that the order had been cancelled which I was never given any contact about this . it was then re ordered se to get it to me for Christmas I was then contacted by little tikes saying it would be delivered on 22/12/2014.then on the morning of the 22/12/2014 I was then told "unfortunately we will not be able to delivery to you today as your item's can not be located at that point of loading that morning. We will be in contact to book once your items have been located" then at 21;43 pm on 22/12/14 I was contacted saying my order will be delivered on th 23/12/14 when the order was delivered only one part of the 2 was delievered it was only because I check that this was made awear the delivery drivers was not awear of this I looked at the delivery drivers list of odds their where to deliver and on my order it stated 2 items to be deliveried which was crossed out and put a 1 item next to it which at no point I was contacted to say of this I then rand the number that had been contacting me which the delivery times and dates to talk to a staff member called paul who looked into my order to then relise their was supposed to be 2 parts but then told me he had no idea where the second part was at this point I tell him its te day before Christmas eve with this being my children's main present which I had already stated to toys r us and little tikes which is while I ordered it with plenty of time for delivery at which point he apologised hung up the phone to try and locate my 2nd part of my order so that he could try and get it for Christmas I need to know if im entitled to any compensation from all the messing around and the fact that if I hadn't have keep chasing the order I would have never been informed that it had been cancelled in the first but also when the first delivery was made if I hadn't check it and phoned them whilst the delivery driver waited I would have never got the 2nd part as it was lost but seem to me that was lost but no one was ever a wear please help
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What financial loss did you suffer as a result of this?
Customer: replied 2 years ago.

only in making all the phone calls

Expert:  Jo C. replied 2 years ago.
Are they included in a price plan? Most people have those on their phones now?
Customer: replied 2 years ago.

I don't know but with all the messing around phoning and chasing everyone and every part of this order like I said if I hadn't chased my order every time I would probably still be sitting here with no swing set. I was just really mad that if I hadn't chased in the first place I would be none the wise I was really mad with the lack of communication and also keep getting told that its being delivered so I would stay in to then find its lost to then wait in all day again to check it and its all not there to then try and find out why its not been delivered to then be told "well im sorry but I don't actually no where it is "

Customer: replied 2 years ago.

I don't know but with all the messing around phoning and chasing everyone and every part of this order like I said if I hadn't chased my order every time I would probably still be sitting here with no swing set. I was just really mad that if I hadn't chased in the first place I would be none the wise I was really mad with the lack of communication and also keep getting told that its being delivered so I would stay in to then find its lost to then wait in all day again to check it and its all not there to then try and find out why its not been delivered to then be told "well im sorry but I don't actually no where it is "

Expert:  Jo C. replied 2 years ago.
Yes, I do understand but that doesn't give rise to a claim.
That is just bad business. It is obviously not good service on their part but that doesn't give rise to a claim.
There are two problems here really. The first is that although it can be argued they have breached a minor term in the contract, it doesn't give rise to rights of compensation but the contract was ultimately performed. They did, in the end, deliver. Being late is not a claimable breach unless the contract said that time was of the essence which it won't because very few ever do.
Secondly, even a material breach can be shown there has been no financial loss. The loss has been inconvenience which is not a head of compensation in the UK.
You can always complain to them and they might offer something in the interests of good business but there is no claim in law I'm afraid.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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